CHAPTER 254

FORMERLY

HOUSE BILL NO. 419

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE SALE OR LEASE OF PROPERTY BY SCHOOL DISTRICTS.

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

Section 1. Amend Section 1057, Chapter 10, Title 14 of the Delaware Code, by striking Subsection (a) paragraphs (7) through (11), thereof in their entirety, and substituting in lieu thereof, new paragraphs (7). (8), (9), (10), and (11) to read as follows:

"(7) The property for sale shall be offered to other state agencies at the price determined in paragraph (6) above. Such offer to other state agencies shall be made through the Secretary of Administrative Services who shall in turn confer with the Director of the Delaware Development Office and the State Board of Education. Together, they shall approve a purchase or release the district to proceed with another sale within 30 days of the offer by the Board of Education to the Secretary of AdMinistrative Services:

(8) A state agency may negotiate to the extent feasible and practical to assume the state share in such property by transfer of the debt service obligation to the account of that agency without Payment of cash for that share of the price set;

(9) If no other agency of state government declares its intent to purchase the property, the Board of Education shall proceed to offer said property to the local government in whose jurisdiction the property is located. Such an offer shall be made to the chief elected official of that local government. If the offer is not accepted within 30 days, the Board may proceed to sell the property on the opern market;

(10) A public hearing for the sale of the property on the open market must be advertised at least once a week for two consecutive weeks in a newspaper published or circulated in each county of the State. Any proposal to purchase the property shall be delivered to the office of the Executive Secretary of the Board, or to such other place as shall be specified in the advertisement, no later than five o'clock p.m. on the last working day preceding the day fixed for the hearing, and the Board shall not consider any proposal submitted subsequent to that time. The Board shall act upon the proposals no sooner than seven days and no more than fourteen days following the hearing, during which period residents of the district may review the proposals at the office of the district during regular business hours and submit comments on the proposals. The Board shall consider such comments in acting upon the proposals. In its discretion, the Board may reject all proposals, accept a proposal subject to such modifications, except as to price, as the Board determines are appropriate.

(11) A sale on the open market may be conducted by the Board and administrative staff of the district or through a licensed realtor or agency who is not associated with the appraiser or any member of the Board of Education to that district. Any final contract for such sale shall be approved within a period of 60 days by the Secretary of Administrative Services, who shall confer with the Director of the Delaware Development Office and the State Board of Education. Approval will not be withheld unless the contract is found by the Secretary to be unreasonable, in which event the Secretary shall disapprove the sale and make specific written findings for such disapproval."

Approved May 15,1984.