Del. Code tit. 29, ch. 94 — Real Property Disposition | Delaware Code — Delaware

Del. Code tit. 29, § 9401 Purpose of chapter.

This chapter is designed to provide a formal review procedure for the disposition of real property no longer needed by the State for public purposes.

Del. Code tit. 29, § 9402 Definitions.

(a) “Director” shall mean the Director of the Office of Management and Budget. (b) “Office” shall mean the Office of Management and Budget. (c) “Real property” shall mean real property, either improved or unimproved, owned by the State, but shall not include property which has been acquired by the Department of Transportation pursuant to Title 17 of this Code, in connection with proposed highway construction projects. (d) “Surplus real property” shall mean real property no longer needed by the State for a public purpose.

Del. Code tit. 29, § 9403 Prerequisites to disposition.

No real property shall be sold, leased, transferred or otherwise conveyed until a review of the proposed conveyance is completed in accordance with this chapter and the property is deemed to be surplus real property. For purposes of this chapter the granting of an easement shall not be considered a conveyance of real property. The determination to grant an easement shall be at the discretion of the Director of the Office of Management and Budget.

Del. Code tit. 29, § 9404 Commission on State Surplus Real Property.

(a) A Commission on State Surplus Real Property is established and shall report in an advisory capacity to the Governor and to the General Assembly. It shall be comprised of the following members: (1) The Speaker of the House of Representatives; (2) The President Pro Tempore of the Senate; (3) The Director of the Division of Small Business; (4) The Secretary of the Department of Transportation; (5) The Director of the Office of Management and Budget. (b) The Governor shall designate 1 member to serve as Chairperson of the Commission. (c) The Commission shall be assisted by staff designated by the Director of the Office of Management and Budget and shall work in cooperation with all state and local agencies of government and with private organizations or individuals to secure all necessary and relevant information for its assignments.

Del. Code tit. 29, § 9405 Annual review of proprietary state real property; report of surplus; conditions of sale or other disposition; annual report.

(a) On or before December 31 of each year each state agency shall make a review of all proprietary state real property over which it has jurisdiction to determine what, if any, property is in excess of its reasonably foreseeable needs and report thereon in writing to the Surplus Real Property Commission. (b) Jurisdiction of all real property reported as surplus shall be transferred to the Commission, when requested by the Chairperson thereof, for sale, lease or disposition under this section or as may be otherwise authorized by law. (c) The Commission shall report to the Governor and to the General Assembly annually any real property declared surplus and make recommendations as to disposition of the property by sale or otherwise. (d) Whenever any real property is reported as surplus pursuant to this section, the Commission shall determine whether or not the use of the real property is needed by any other state agency. If the Commission determines that the property is needed by any other state agency it shall transfer jurisdiction of the property to such other state agency upon such terms and conditions as it may deem to be for the best interests of the State. (e) If the Commission determines that use of the real property is not needed by any other state agency, it may recommend that the surplus property be retained by the State or that it be offered to a political subdivision of the State or to an interested private organization for an amount not less than 30% of the fair market value nor more than 75% of the fair market value. Any such recommended transfer shall be subject to the following conditions: (1) The property shall be used for a public purpose; (2) The property shall be developed or used according to plan within a time period not to exceed 5 years; (3) The deed or other instrument of transfer shall provide that the property shall revert to the State if the property is not developed within the stated period of time or if the property ceases to be used for public purposes; (4) The Commission may recommend additional terms and conditions as it determines to be in the best interest of the State. (f) If the Commission determines that the use of state surplus real property is not needed by any other state agency or by any other local governmental agency or by a private organization pursuant to subsection (e) of this section it may recommend that the surplus property be retained by the State or that the surplus property be sold to the highest bidder after advertising. Sales of state surplus property pursuant to this section shall be at fair market value or for such other price as may be approved in writing by the Commission. (g) The Commission shall report to the Governor and to the General Assembly annually, with respect to any surplus real property approved and recommended for sale or other disposition under this section, giving the following information: (1) A description or other precise identification of the surplus property; (2) The name of the agency which reported the excess property and the date of said report; (3) The present status or use of the property; (4) An accurate appraisal of the fair market value of the surplus property; (5) An estimate of the amount of state funds, if any, expended in acquiring, preserving, improving, restoring or reclaiming the property; (6) A description of whether the property is needed by any other state agency or local governmental agency and, if not, a description of alternative highest and best uses of the property which the Commission deems to be in the best interest of the State.

Del. Code tit. 29, § 9406 State parks and open spaces.

Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504 of Title 7 or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.