SPONSOR:

Sen. Venables & Rep. Lofink; Sens. Bunting, Blevins, Simpson, Still; Reps. Stone, Carey, Hastings, M Marshall, Lavelle, Mulrooney, Viola

DELAWARE STATE SENATE

144th GENERAL ASSEMBLY

SENATE BILL NO. 326

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TRANSPORTATION AND TRANSPORTATION PROJECTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 95, Title 29 of the Delaware Code by creating a new Section 9501B to read as follows:

“Section 9501B. Transportation and eminent domain.

The provisions of Section 9501A of this Title shall not apply to the acquisition of property or property rights by the Department of Transportation for any transportation facility, project, or program as defined in Titles 2, 9, 14, 17, and 29 of this code, if the primary purpose of such acquisition is to maintain or improve the State’s transportation network, as sworn to by the Secretary of the Department or her authorized designee.”

SYNOPSIS

DelDOT currently follows detailed processes for acquiring property and property rights for a variety of transportation projects and programs under several different parts of the Delaware Code. This Bill exempts DelDOT projects and programs from the provisions of the new Section 9501A, if the Secretary of Transportation or her authorized designee executes an appropriate affidavit affirming that the primary purpose of such acquisitions is to maintain or improve the Stat’s transportation network. DelDOT will continue to follow the existing laws under which it acquires property and property rights, such as 17 Del. C. Sections 137, 145, and 507, but without being required to undergo the additional steps required under Section 9501A. If no such affidavit is executed, then the Department must also follow the provisions of the new law.

Author: Senator Venables