CHAPTER 257

FORMERLY

HOUSE BILL NO. 112

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 1, TITLE 17, DELAWARE CODE RELATING TO SALE OF REAL PROPERTY.

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

Section 1. Amend §137(b), Chapter 1, Title 17, Delaware Code by striking paragraphs "(I)", and "(2)" in their entirety and redesignating paragraphs "(3)" through "(16)" as paragraphs "(5)" through "(18)" respectively, substituting in lieu thereof the following:

"(I) Except as provided in other subsections of this section, the Department shall, in writing notify the current lessee of the subject real property, of at least ten years duration, that the subject real property has been declared no longer needed for transportation purposes. Such notice is not required if the lessee, waived such interest at the time of initial Departmental leasing to said lessee.

(2) The current lessee may elect to acquire the subject property by providing written notice to the Department within 30 days of the Department's written notification of availability. The cost to the current lessee shall be no less than the Department's approved appraised value of the property as determined by a qualified appraiser(s). The current lessee must notify the Department within 30 days of written notice of approved appraised value that they want to acquire the subject real property.

Once an offer has been accepted by the Department, the parties shall be prepared to settle for such real property within 90 days of the acceptance by the Department. Should settlement not occur on this schedule through no fault of the Department, the Department may elect to invalidate the sale and proceed pursuant to this section.

(3) If the current lessee elects not to acquire the subject real property pursuant to paragraph (2) of this subsection, then, the Department shall thereafter, in writing notify the owner from which the real property was acquired or his/her successor in interest, that the subject real property has been declared no longer needed for transportation purposes. Such notice is not required if the owner waived such interest at the time of initial Departmental purchase.

(4) The previous owner or successor in interest may elect to reacquire the subject property by providing written notice to the Department within 30 days of the Department's written notification of availability. The cost to the previous owner shall be no less than the Department's approved appraised value of the property as determined by a qualified appraiser(s). The previous owner or successor in interest must notify the Department within 30 days of written notice of approved appraised value that they want to reacquire the subject real property.

Once an offer has been accepted by the Department, the parties shall be prepared to settle for such real property within 90 days of the acceptance by the Department. Should settlement not occur on this schedule through no fault of the Department, the Department may elect to invalidate the sale and proceed with public disposition.

Approved July 19, 1995