Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2400 - Division of Transportation Solutions
2406 - Policies and Procedures for Acquisition of Certain Real Property
Section 2406-1.0 - Purpose
Current through Register Vol. 28, No. 3, September 1, 2024
1.1 The Department of Transportation has limited statutory authority to acquire public or private property and property rights in connection with the Department's jurisdiction. Traditionally, the Department has acquired the necessary property rights upon final right-of-way plan approval for a project. In certain instances, the best interests of the state and individual property owners may be better served if such interests are either acquired or reserved by the Department prior to final right-of-way plan approval. The purpose of this regulation is to enumerate the specific policies and procedures governing the advanced acquisition of real property by the Department, as contemplated by 17 Del.C. § 137 (a)(2).
1.2 Property acquisitions pursued in accordance with an approved final right-of-way plan prepared for a Department project as defined herein are specifically exempt from this regulation.
1.3 The Department, when acting as the agent of the Delaware Transportation Authority for special property acquisitions in accordance with 2 Del.C. § 1309 (5), shall seek a consistency review from the Committee established under §137(a)(2) prior to settlement with owners to verify the transaction is in the public interest, unless otherwise subject to approval by another public body or federal agency.
