CHAPTER 441

FORMERLY

HOUSE BILL NO. 779

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT AUTHORIZING AND APPROVING THE ACQUISITION OF CERTAIN LANDS BY THE DEPARTMENT OF CORRECTION AND AUTHORIZING AND PROVIDING FOR THE APPROVAL OF THE CONSTRUCTION, MAINTENANCE AND OPERATION BY THE DEPARTMENT OF AN ADDITION OR ADDITIONS TO THE EXISTING MULTI-PURPOSE CRIMINAL JUSTICE CENTER FACILITY OR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN ADDITIONAL CORRECTIONAL FACILITY OR FACILITIES ON SAID LANDS.

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

Section 1. Notwithstanding any other provision of law to the contrary, the Department of Correction is hereby authorized to acquire on behalf of and in the name of the State without the approval of any other public body or political subdivision, by purchase, lease, assignment, gift, transfer, grant, devise, bequest or otherwise, and on such terms and conditions and in such manner as it may deem proper, or through condemnation proceedings pursuant to the exercise of the power of eminent domain, those parcels of land with any improvements thereon, situated in the City of Wilmington, New Castle County, and described as follows:

Parcel No. 1.

"Approximately .86 acres, more or less, beginning at a point along the northerly side of the right-of-way of East 12th Street, approximately 170 feet easterly of the intersection of the northerly right-of-way edge of East 12th Street, and the easterly right-of-way edge of the unopened street bed of Dure Street; thence northerly approximately 415 feet parallel to the unopened street bed of Dure Street; thence easterly approximately 90 feet parallel to East 12th Street; thence southerly approximately 415 feet parallel to the unopened street bed of Dure Street to the northerly side of the right-of-way of East 12th Street; thence westerly along said right-of-way of East 12th Street approximately 90 feet to said point of beginning; said property also being described as New Castle County Tax Parcel No. 26-045.00-004."

Parcel No. 2.

"Approximately 6.05 acres, more or less, beginning at a point along the northerly side of the right-of-way of East 12th Street approximately 260 feet easterly of the intersection of the northerly right-of-way edge of East 12th Street and the easterly right-of-way edge of the unopened street bed of Dure Street; thence northerly approximately 415 feet parallel to the unopened street bed of Dure Street; thence easterly approximately 530 feet parallel to East 12th Street, thence southerly along a diagonal line approximately 445.72 feet to a point along the northerly side of the right-of-way of East 12th Street approximately 998.91 feet easterly of the unopened street bed of Dure Street; thence westerly along said northerly side of the right-of-way of East 12th Street approximately 738.91 feet to said point of beginning; said property also being described as New Castle County Tax Parcel No. 26-045.00-005."

Section 2. Pursuant to the provisions of this Act, the Department is also hereby authorized to construct, maintain and operate an addition or additions to the existing Multi-Purpose Criminal Justice Center facility which is located on State-owned land immediately adjacent to the land described in this Act or to construct, maintain and operate an additional correctional facility or facilities on the land described in this Act.

Section 3. If the Department of Correction cannot agree with the owner of either of the parcels of land which it is authorized by this Act to acquire, it may exercise the right of eminent domain, in the name of the State, by instituting condemnation proceedings in accordance with Chapter 61, Title 10 of the Delaware Code.

Section 4. The right of eminent domain herein conferred extends to and includes the right to acquire the fee simple title to any lands taken by the Department pursuant to this Act

Section 5. Within 90 days of the date of of application the Zoning Board of Adjustment of the City of Wilmington shall approve or disapprove the Department's application for any and all variances necessary to construct, maintain and operate said addition or additions and its failure to act shall constitute and be deemed to be a final and irrevocable approval of said application.

Section 6. This Act shall become effective immediately upon the signature of the Governor.

Approved August 2, 1990.