TITLE 29

State Government

General Provisions

CHAPTER 5. STATE ARCHIVES AND HISTORICAL OBJECTS

Subchapter II. Historical Buildings, Sites, Objects and Archaeological Resources


(a) To prevent the further loss of part of our national heritage and culture through the deterioration or neglect of historic buildings, sites, objects or archaeological resources within this State, including archaeological resources in or on subaqueous lands pursuant to Chapter 53 of Title 7, the Department of State may survey, examine, select for preservation, acquire, repair, restore, operate and make available for public visitation and use such historic buildings, sites, objects or archaeological resources as it may deem worthy of preservation in the best public interest for the fulfillment of the purposes of this subchapter.

(b) When any property heretofore or hereafter acquired by the Department by gift, devise, purchase or otherwise is no longer needed for historical programming purposes the Department shall attempt to dispose of the property as follows:

(1) If at the time of the Department's determination to dispose of the property, the property is subject to a revenue producing lease agreement which has been in force for a period of at least 5 years, the Department shall, in writing, notify the tenant that the property is no longer needed for historical programming purposes. Such notice shall inform the tenant of the Department's desire to sell the property, and include a copy of the Department's approved appraisal and a purchase agreement containing the terms and conditions for sale to the tenant. The sale price shall not be less than the approved appraised value. If the tenant elects to purchase the property, the tenant shall execute and return the purchase agreement to the Department within 30 days of such notice. Such notice is not required if the tenant has, in writing, waived any desire to purchase the property, or if the property is subject to multiple leases. Failure of the tenant to respond to the notice within 30 days shall constitute a waiver of the tenant's rights hereunder.

(2) If the provisions of paragraph (b)(1) of this section do not apply, or were forfeited through lack of response, or were waived by the tenant, or the tenant fails to comply with the terms and conditions of the purchase agreement, the Department may dispose of the property in accordance with the procedures outlined in Chapter 94 of this title.

(3) Prior to the sale of any historic property, the Department shall present the details of the proposed sale to the Controller General and the Director of the Office of Management and Budget for their approval.

48 Del. Laws, c. 265, § 1; 29 Del. C. 1953, § 3351; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1; 75 Del. Laws, c. 153, §§ 14, 15; 76 Del. Laws, c. 288, § 65.;

(a) The Department may acquire by gift, devise, purchase or otherwise, absolutely or in trust, and hold and, unless otherwise restricted by the terms of the gift or devise, encumber, convey or otherwise dispose of any real property or of any estate or interest therein as may be necessary in carrying into effect the purposes of this subchapter.

(b) The Department may enter into contracts and execute all instruments necessary to fulfill its duties respecting the protection, preservation, maintenance or operation of such historic buildings, sites, objects or archaeological resources it may select.

48 Del. Laws, c. 265, §§ 2, 3; 29 Del. C. 1953, § 3352; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1; 75 Del. Laws, c. 153, § 14.;

The Department shall appoint and prescribe the duties of such employees or agents as may be necessary to carry out its functions and shall fix their rate of compensation.

48 Del. Laws, c. 265, § 4; 29 Del. C. 1953, § 3353; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1.;

(a) A trust fund is continued under the jurisdiction of the Department of State subject to audit by the Secretary of Finance or its authorized agents to accept, hold and administer gifts and bequests of money, securities or other personal property of whatsoever character, absolutely or on trust.

(b) Unless otherwise restricted by the terms of the gift or bequest, the Department may sell, exchange or otherwise dispose of and invest or reinvest in such investments as it may determine from time to time the moneys, securities or other property given, bequeathed or appropriated to it.

(c) The principal of such funds, together with the income therefrom and all other revenues received by it from any source whatsoever for this purpose, shall be deposited in a special fund of the State.

(d) When the principal and accrued interest of the trust fund shall have accumulated sufficiently in the judgment of the Department to undertake the preservation of a historic building, site, object or archeological resource, the accrued funds, principal and interest may be expended for that purpose.

48 Del. Laws, c. 265, § 5; 29 Del. C. 1953, § 3354; 57 Del. Laws, c. 608, §§ 1B, 1K; 63 Del. Laws, c. 142, § 42; 66 Del. Laws, c. 211, § 1; 75 Del. Laws, c. 153, § 14.;

The right to repeal, alter or amend this subchapter at any time is expressly reserved, but no contract or individual right made or acquired shall thereby be divested or impaired.

48 Del. Laws, c. 265, § 6; 29 Del. C. 1953, § 3355; 66 Del. Laws, c. 211, § 1.;

epealed by 72 Del. Laws, c. 91, § 71, eff. July 1, 1999;

The land acquired at "The Rocks" on the Christina River in the City of Wilmington for the purpose of creating there a state park to mark perpetually the place where the first Swedish settlers landed and the site of Fort Christina, the first permanent settlement in this State as well as the first permanent settlement in the Delaware River Valley, shall be known and designated as the Fort Christina Monument. The Department of State shall have jurisdiction, control and maintenance of the Fort Christina Monument.

29 Del. C. 1953, § 3357; 53 Del. Laws, c. 256; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1.;

(a) The Department of State shall:

(1) Determine and select such points of historic interest throughout this State as the Department thinks should be marked with a suitable monument, tablet or marker;

(2) Design, purchase and erect monuments, tablets or markers which the Department may decide to be appropriate at such points, indicating thereon the events commemorated and having such other suitable inscription as may seem necessary; and

(3) Keep in good repair all monuments, tablets and markers erected by the Historic Markers Commission and also all monuments, tablets and markers erected by the Department of State.

(b) The Department may employ such expert assistance to aid in its historical researches as it may deem necessary to effectively carry out the purposes of this section.

(c) All historical markers which are erected by the Department of State shall be the property of the State. No person, entity or business shall possess, transport, alter or remove said marker without written authority of an appropriate official of the Department of State. Further, no person, entity or business shall receive, retain, alter or dispose of state historical markers absent written authorization of an appropriate official of the Department of State. Unauthorized recipients of these markers may be prosecuted criminally for receiving stolen property.

(d) The Department of State may establish rules or regulations regarding all aspects of state historical markers. Other persons, entities or businesses shall not duplicate state historical markers, or create, obtain or install similar markers with an intent to mislead or deceive the public.

41 Del. Laws, c. 94, §§ 1-3; 29 Del. C. 1953, § 3308; 57 Del. Laws, c. 608, § 1B; 66 Del. Laws, c. 211, § 1; 69 Del. Laws, c. 247, § 1.;

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

(b) To carry out the purpose of subsection (a) of this section, the Office of Management and Budget shall purchase and distribute as many flags of this State as necessary to supply each agency and public school with the initial issue, upon certification by the agency or public school head that such purchase is initial and not a replacement.

29 Del. C. 1953, § 7602; 57 Del. Laws, c. 431, § 1; 63 Del. Laws, c. 165, §§ 1, 2; 66 Del. Laws, c. 211, § 1; 75 Del. Laws, c. 88, § 16(5).;

Consistent with the authority granted to the Department of State pursuant to § 551 and § 552 of this title, the Department shall consider and recognize Delaware's Underground Railroad and other historical sites associated with African American Freedom in Delaware and designate such sites with specially designated Freedom Trail markers. The Department shall recognize Delaware's underground railroad trail by utilizing the historical markers program to identify important historical sites as evidence of the struggle for freedom over slavery, segregation and other forms of injustice.

73 Del. Laws, c. 357, § 1.;