CHAPTER 235

FORMERLY

SENATE BILL NO. 239

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE PERTAINING TO THE ACQUISITION 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(a), Title 17, Delaware Code redesignating subsection (a) as "(a)(1)" and creating a new subsection "(a)(2)" to read as follows:

"(a)(2) The acquisition of real property by the Department after approval of the preferred alternative for new corridors or expansion of existing corridors by the Council on Transportation, or as a part of the Department's Corridor Capacity Preservation Program, shall be reviewed by a committee consisting of the Secretary of the Department of Transportation, the Secretary of the Department of Agriculture, the Director of the Delaware Economic Development Office, the Governor's Chief of Staff, a member of the Senate designated by the President Pro Tempore of the Senate, a member of the House of Representatives designated by the Speaker of the House of Representatives, a member of the public designated by the President Pro Tempore of the Senate and a member of the public designated by the Speaker of the House of Representatives to determine the consistency of such action with the State's overall goals for land use planning. If it determines that the acquisition will be inconsistent with State planning goals, the committee may disapprove the acquisition."

Section 2. Amend Section 137(a), Title 17, Delaware Code by creating a new subsection "(a)(3)" to read as follows:

"(a)(3) The Department shall provide to the Governor and General Assembly, on or before December 31 of each year, a report identifying all properties acquired in the preceding twelve month period in connection with acquisitions made pursuant to subsection (a)(2) of this Section."

Section 3. Amend §137(a)(1), Title 17 of the Delaware Code by adding the following to the end of said subparagraph:

"This subparagraph may not be utilized to acquire real property for a new corridor, expansion of existing corridors or as part of the Department's Corridor Capacity Preservation Program unless the approvals required pursuant to subparagraph (a)(2) of this section have been acquired."

Approved February 10, 1998