Legislation Document

WHEREAS, New Castle County maintains the parcel of land identified on New Castle County tax maps as Tax Parcel No. 10-023.00-001, located at 41 Dunsinane Drive, New Castle, Delaware, also known as the James T. Corcoran Jr. Park (Parkland Property); and

WHEREAS, the current Parkland Property was 2 separate parcels before it was consolidated as Tax Parcel No. 10-023.00-001 and the deeds transferring ownership of those parcels to New Castle County were recorded in the Office of the Recorder of Deeds in and for New Castle County on June 29, 1966, and February 28, 1963, respectively, in Deed Book K-77, Page 489 and Deed Book V-70, Page 204; and

WHEREAS, New Castle County has determined the Parkland Property is impliedly dedicated parkland under the public trust doctrine for parkland, which was adopted by Delaware courts in Anderson v. Wilmington , 137 A.2d 521 (Del. Ch. 1958) (Anderson); and

WHEREAS, the Court of Chancery, in Anderson and Lord v. City of Wilmington , 332 A.2d 414 (Del. Ch. 1975), held, consistent with common law, that dedicated parkland cannot be used for any non-parkland purpose without legislative authorization; and

WHEREAS, the Parkland Property is 52.2 acres of undeveloped land with natural resources and wooded areas adjacent to the Christina River; and

WHEREAS, Dash In Food Stores, Inc. (Dash In), owns and operates a gas station/convenience store located at the corner of Airport Road and Christiana Road identified on New Castle County tax maps as Tax Parcel No. 10-029.00-003 (Dash In Property), which is immediately adjacent to the Parkland Property; and

WHEREAS, on or about January 12, 2018, the Department of Transportation (DelDOT) filed an action in Superior Court seeking to condemn and take possession of a portion of the Dash In Property for purposes of improving sections of Airport and Christiana Road contiguous to the Dash In Property; and

WHEREAS, on or about April 26, 2019, Dash In and DelDOT entered into a mutually acceptable agreement (Settlement Agreement) to settle DelDOT’s condemnation action and to provide compensation to Dash In for the taking; and

WHEREAS, the Settlement Agreement, inter alia, also requires DelDOT to transfer the approximately .204 acres of property that is immediately adjacent to the Parkland Property and the Dash In Property and owned by DelDOT to New Castle County and for New Castle County to transfer an approximately .204 acre portion of the Parkland Property to Dash In; and

WHEREAS, the DelDOT property to be transferred to New Castle County is also undeveloped land with natural resources and wooded areas and is the approximate same size, .204 acres, as the portion of the Parkland Property to be transferred; and

WHEREAS, New Castle County supports the Settlement Agreement, this resolution and the property transfers contemplated therein; and

WHEREAS, to consummate the transfers required under the Settlement Agreement, New Castle County is requesting that the parkland dedication for approximately .204 acres of the Parkland Property be vacated; and

WHEREAS, vacating the parkland dedication will permit New Castle County to discontinue use of that portion of the Parkland Property as parkland, with the ability to transfer it as set forth in Settlement Agreement and under § 1521(e) of Title 9; and

WHEREAS, vacating the parkland dedication will advance, and is reasonably and rationally related to legitimate government interests, including promoting the health, safety, morals, convenience, order, prosperity, or welfare of the present and future inhabitants of this State.

NOW, THEREFORE:

BE IT RESOLVED by the Senate and House of Representatives of the 151st General Assembly of the State of Delaware, and the with the approval of the Governor, that the parkland dedication for the approximately .204 acres of Tax Parcel No. 10-023.00-001 as set forth in the Settlement Agreement between Dash In Food Stores, Inc. and the Department of Transportation, which is hereby incorporated by reference and made a part hereof, is hereby vacated.