SENATE BILL NO. 158
AS AMENDED BY
SENATE AMENDMENT NO. 1
AN ACT TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO TRADE OR EXCHANGE CERTAIN REAL PROPERTY IN SUSSEX COUNTY, DELAWARE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
WHEREAS, the Department of Transportation (the “Department”) operates a Park and Ride facility (the “Facility”) located on Shuttle Drive west of the City of Rehoboth Beach (tax parcel number 334-13.09-325.21); and
WHEREAS, the public’s increasing use of the Facility warrants its improvement and potential expansion; and
WHEREAS, the Department has determined that its property holdings at this location are not conducive to accommodate a design which maximizes the efficiency of an improved or expanded Facility; and
WHEREAS, the owner (the “Private Owner”) of certain other real property (the “Exchange Property”), located adjacent to the Facility and fronting on State Route 1 (tax parcel numbers 334-13.00-325.44 and 334-13.00-325.18), is willing to exchange the Exchange Property for the combined DelDOT Property, and
WHEREAS, DelDOT is willing to engage in the proposed trade of lands; and
WHEREAS, the General Assembly has concluded that the proposed trade, if it can be accomplished in accordance with the provisions hereinafter stated, will be in the best interests of the citizens of the State of Delaware.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. The Department is hereby authorized to exchange the combined DelDOT Property for the Exchange Property, subject to the following terms and conditions:
(a) The Department shall commission an environmental assessment of the combined DelDOT Property and the Exchanged Property, to assist in the proper valuation of the parcels.
(b) The Department shall also engage a duly qualified, licensed fee appraiser, selected by the Department, to determine the current fair market value of the DelDOT Property (the “DelDOT Property FMV”) and the fair market value of the Exchange Property (the “Exchange Property FMV”).
(C) To accomplish an exchange for equal value, if the DelDOT property valuation exceeds the Exchange Property valuation, DelDOT may also accept in trade other lands owned by the Private Owner if the Department determines those lands to have potential utility for transportation purposes, and subject to the same environmental assessment and appraisal process described above.
(d) The Secretary of the Department shall determine that the final contract terms for the proposed exchange, as ultimately negotiated between the Department and the Private Owner, are consistent with the Department’s objective of improving its Facility.
(e) The Co-chairs of the Bond Bill Committee and the Controller General must approve the final contract terms.
(f) The Secretary of the Department of Transportation shall conduct a public hearing for consideration of this proposed exchange. Co-Chairs of the Bond Bill Committee and the Controller General shall attend said public hearing. The public hearing shall be properly noticed in two newspapers and with press releases published at least 15 days before the hearing but not more than 30 days. The public hearing shall be held in an adequate facility within 1 mile of the exchange property and must be held prior to the final consideration by the Secretary, Co-Chairs of the Bond Bill and the Controller General of the proposed terms, in any event within 6 months of enactment of this Bill.
(g) The Secretary’s recommendation whether to proceed with the property exchange shall consider the public comments and be incorporated in a written report to the Co-Chairs of the Bond Committee and to the Controller General.”
Section 2. This exchange transaction shall be exempt from the provisions of 17 Del. C. Section 137.
Approved July 12, 2007