CHAPTER 270

FORMERLY

SENATE BILL NO. 283

AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN REAL PROPERTY IN THE TOWN OF GEORGETOWN, SUSSEX COUNTY, COMMONLY REFERRED TO AS THE "BRICK HOTEL".

WHEREAS, the State of Delaware acquired property formerly owned by Wilmington Trust Company on the Circle in Georgetown, DE, commonly referred to as the “Brick Hotel”, with the intention of developing a new Court of Chancery facility; and

WHEREAS, certain physical characteristics of the “Brick Hotel” are not ideal for conversion for the purposes of the judiciary without extensive modification to the original structure; and

WHEREAS, there has proven to be substantial sentiment within the community toward seeing the structure remain intact; and

WHEREAS, a satisfactory substitute property is available within close proximity; the owners of said property are desirous of exchanging their property for that of the State; and the owners have confirmed their intention of preserving the “Brick Hotel” structure.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Three-fourths of all members elected to each house thereof concurring therein)

Section 1. Notwithstanding any provisions to the contrary, including those contained in Title 29, Chapter 94 of the Delaware Code relating to surplus property, the Department of Administrative Services is authorized to negotiate the disposition of the former Wilmington Trust property (including all or part of tax parcels 1-35-14.20.154 and 146) in exchange for that of the H.P. Layton Family Partnership (identified as tax parcel 1-35-14.20.197).

Section 2. The Department of Administrative Services is further authorized and empowered to execute and deliver to the H.P. Layton Family Partnership or its designee such documents as shall be necessary to complete the exchange of properties.

Section 3. As a condition of the transaction described herein, the Brick Hotel structure shall be protected by a preservation easement pursuant to the provisions of Chapter 69 of Title 7 of the Delaware Code in a form and substance which is acceptable to the Division of Historical and Cultural Affairs and the Partnership. The preservation easement shall be granted to and held by the State or a qualified non-profit organization.

Section 4. This bill shall become effective upon enactment.

Approved February 18, 2000