CHAPTER 229

FORMERLY

HOUSE BILL NO. 247

AN ACT TO AMEND CHAPTER 15, SUBCHAPTER I, TITLE 9, OF THE DELAWARE CODE RELATING TO THE SALE OF SURPLUS COUNTY LANDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 1521, Chapter 15, Subchapter I, Title 9 of the Delaware Code, by striking subsection (e) thereof in its entirety, by redesignating subsection (f) thereof as subsection (g), and by adding new subsections (e) and (f) to read as follows:

"(e) The government of New Castle County, after a determination that lands held by the said County are no longer needed for County use, may sell such lands to the New Castle County Economic Development Corporation pursuant to subsection (f) of this section or may sell such lands to the highest and best bidder therefor, provided that, if such sale is to be to the highest and best bidder, publication of the intent to sell said lands is published in a newspaper of general circulation in said County once a week for 3 consecutive weeks prior to a stated sale date, said publications specifying further that sealed bids, accompanied by certified check in the amount of 10% of said bids. will be received by said government of New Castle County at a stated place and will be publicly opened at a stated time and place.

(f) if the sale of lands held by New Castle County and determined to be surplus to the needs of said County Is to be made to the New Castle County Economic Development Corporation, the following requirements shall be met prior to the completion of such sale:

(1) The New Castle County Economic Development Corporation shall be charged by ordinance of the said County or by contract with the said County to sell, market, or otherwise develop the property which is the subject of the sale;

(2) The sale price to be paid by the New Castle County Economic Development Corporation to the said County shall meet or exceed the fair market value of the property on a date not more than six months prior to the date of such sale as determined in writing by the Assessment Division of the said County or an independent real estate appraiser licensed in the State of Delaware; and

(3) The conveyance of the property shall be approved and executed by the government of New Castle County in the manner provided for by law."

Section 2. The provisions of this Act shall be effective as of the date this Act becomes law, and shall govern the sale of all surplus lands by New Castle County on or after said date. Nothing herein shall be construed as altering or otherwise limiting the rights of the County with respect to the use of or the transfer or granting of interests in property owned by it which represent less than the disposition of fee simple title.

Approved February 8, 1984.