TITLE 29

State Government

General Provisions

CHAPTER 4. BUILDINGS AND GROUNDS

Subchapter I. General Provisions


The Office of Management and Budget, hereinafter referred to in this chapter as the "Office," shall:

(1) Approve and determine the location of any state buildings upon state lands owned or acquired by the State in the City of Dover;

(2) Determine and cause the style of architecture of any building erected, reconstructed or altered on the state group park or any state lands adjacent thereto to conform with the architecture of the other buildings erected thereon since 1930;

(3) Review and approve the style of architecture of all buildings erected, reconstructed or altered on all other state lands in the City of Dover;

(4) Supervise the furnishing or refurnishing of the Governor's office in the legislative building or wherever the same may be located at the State Capitol and act in an advisory capacity in the furnishing or refurnishing of any other important public rooms or halls;

(5) Consider and determine the effect landscaping and maintenance of lands might have on the appearance of buildings and grounds;

(6) Determine and approve the location of all pipes, conduits, cables, wires and other service media, either above or below the ground, which in the opinion of the Office may be required for the distribution of utility service to or across those lands within the jurisdiction of the Office. After such determination and approval of location, the Office may grant, in the name of the State, those rights-of-way or easements across or through state lands which in its opinion are deemed necessary for adequate utility service.

44 Del. Laws, c. 211, §§ 5, 7; 48 Del. Laws, c. 116, § 1; 29 Del. C. 1953, § 3105; 57 Del. Laws, c. 740, §§ 1B-1D; 75 Del. Laws, c. 88, § 16(5).;

(a) The Office shall cause the lands acquired under this chapter to be surveyed, laid out and beautified to the end that the same may be used for sites for state buildings to meet the needs of the State for adequate quarters for state departments, boards and commissions functioning at the State Capital and for state grounds and may cause any building or buildings being on the lands at the time they are acquired to be sold and removed or taken down, in the discretion of the Office. In the event of the sale of any such building or buildings, the proceeds thereof shall be deposited in a special fund of the State to fund capital projects of the State to the credit of the State.

(b) The Office may:

(1) Make and enter into contracts for services, labor and materials needful or proper for the purposes of this section or any of them;

(2) Employ such assistants as it shall require in the performance of its duties; and

(3) Call upon any department of the state government for assistance in carrying out the purposes of this chapter.

45 Del. Laws, c. 294, § 6; 46 Del. Laws, c. 191, § 6; 29 Del. C. 1953, § 3106; 57 Del. Laws, c. 740, §§ 1B, 1E; 63 Del. Laws, c. 142, § 41; 75 Del. Laws, c. 88, § 16(5).;

No department or agency of this State shall erect, reconstruct or alter any building on any state lands in the City of Dover without first having obtained the approval of the Office as to the style of architecture and general internal and external appearance as well as to the location of such building.

44 Del. Laws, c. 211, § 6; 29 Del. C. 1953, § 3107; 57 Del. Laws, c. 740, § 1B; 75 Del. Laws, c. 88, § 16(5).;

(a) The title to the lands and premises acquired by purchase, gift or condemnation under this chapter shall be taken in the name of the State.

(b) In the case of lands and premises or easements owned by or held for the use of the City of Dover, the Council of such City may consent to the gift or sale thereof to the State, and a deed executed and acknowledged by the Mayor of the City and attested by the Clerk or Secretary of Council conveying to the State the lands and premises or the easements therein shall be deemed and held to vest in the State an absolute title in fee simple thereto.

45 Del. Laws, c. 294, § 3; 46 Del. Laws, c. 191, § 3; 29 Del. C. 1953, § 3108.;

Whenever the Office cannot agree with the owner of any of the lands and premises or easements which the Office is authorized to acquire for the State and which is desired by the Office for the purposes of this chapter, for the purchase thereof the Office may condemn such property as provided in Chapter 61 of Title 10.

45 Del. Laws, c. 294, § 4; 46 Del. Laws, c. 191, § 4; 29 Del. C. 1953, § 3109; 57 Del. Laws, c. 740, § 1B; 75 Del. Laws, c. 88, § 16(5).;

Should it be thought desirable by the Office to widen and/or straighten or alter any street abutting upon any of the lands acquired under this chapter, it may cause to be laid off so much and such portion of the land so acquired as it deems necessary or proper to effect such widening, straightening or altering and shall cause a description thereof to be recorded in the office of the Recorder for Kent County and thereupon the land so described shall be deemed and held to be a dedication to the public for street uses and to be under and subject to the jurisdiction of the municipal authorities having supervision over the streets of the City of Dover without any further or other act, acceptance or consent.

45 Del. Laws, c. 294, § 5; 46 Del. Laws, c. 191, § 5; 29 Del. C. 1953, § 3110; 57 Del. Laws, c. 740, § 1B; 75 Del. Laws, c. 88, § 16(5).;

Where an area of real property owned by this State is bounded by a wall, fence or other structure which has gates or other lockable entrances, the Office shall notify those ambulance, fire and police services which are nearest to the enclosed area of the location of such gates and entrances. The Office shall provide the ambulance service, fire company or police department nearest each such enclosed area a key to each entrance. For purposes of this section, the words "real property" shall include all improved land only and shall not include buildings.

63 Del. Laws, c. 166, § 6; 75 Del. Laws, c. 88, § 16(5).;

State agencies, including all public schools, shall cause a POW/MIA flag to be displayed out-of-doors (weather permitting) on its installation, grounds or campus at each location on National POW/MIA Recognition Day. This section shall apply only where public buildings, including school buildings are equipped with flagpoles.

78 Del. Laws, c. 408, § 1.;