CHAPTER 75

FORMERLY

SENATE BILL NO. 233

AN ACT TO AMEND CHAPTER 1, SUBCHAPTER III, TITLE 17, OF THE DELAWARE CODE RELATING TO THE ACQUISITION AND SALE OF REAL PROPERTY BY THE DEPARTMENT OF TRANSPORTATION.

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

Section 1. Amend Section 137, Title 17 of the Delaware Code by striking subparagraph (b) in its entirety and substituting in lieu thereof the following:

(b). When any property heretofore or hereafter acquired either by gift, purchase, or condemnation, is no longer needed for highway purposes, the Department may sell the same at a price not less than the property's approved appraised fair market value determined u

1) if the fair market value is estimated to be no more than $2,500.00, the appraisal may be performed by a qualified Department staff member.

2) If the fair market value is estimated to be in excess of $2,500.00, the Department shall secure the services of a qualified, unbiued fee appraiser to complete the appraisal.

In either instance, the Department shall review the appraisal and certify the approved fair market value. Property rights so disposed shall be fee Elm* absolute or such lesser interest u the Department may deem appropriate.

Approved July 2, 1985.