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 2406-2.0 - Definitions

Universal Citation: 2 DE Admin Code 2406-2.0
Current through Register Vol. 28, No. 3, September 1, 2024

"Advanced acquisition" means the acquisition by the Department of any interest in real property prior to approval of final right-of-way plans for the project for which such real property interest is being acquired. For purposes of this regulation and the Department's Real Estate Manual, "advanced acquisitions" shall include, without limitation, reservation agreements.

"Advanced Acquisition Committee" or "Committee" means the committee created and defined pursuant to 17 Del.C. § 137 (a)(2).

"Consistency review" shall mean the review by the Committee to determine the consistency of such action with the State's overall goals for land use planning pursuant to 17 Del.C. § 137 (a)(2).

"Corridor" means a particular route of one or more highways of this State, serving predominantly statewide and/or regional travel needs. By way of example and not limitation, State Routes 1, 2, and 141, and U.S. Routes 13, 113, and 202 are corridors under this definition.

"Department" means the Delaware Department of Transportation.

"Hardship acquisition" shall mean an advanced acquisition to resolve a specific hardship imposed upon the owner as a result of a project. Hardship acquisitions shall include situations in which an owner must demonstrate the need to relocate for personal reasons (e.g., job transfer, death in the family, retirement plans, or medical reasons) and is unable to sell his or her property as a result of a project.

"Owner" shall mean the owner of the real property interest which the Department seeks to acquire or reserve.

"Project" means an undertaking for a capital improvement by the Department acquisition of real property as part of the Corridor Capacity Preservation Program, or certain Special Property Acquisitions, and which uses state and/or federal funds.

"Protective acquisition" shall mean an advanced acquisition to allow the Department to protect from development real property within a project area, in instances where development would increase the eventual cost of property acquisition to taxpayers, or would limit location alternatives for the project. Protective acquisitions shall include, without limitation, long-term leases and reservations to allow the Department to protect from development real property within a project area.

"Reservation" means a commitment by the Department to compensate an owner of any interest in real property, in exchange for an agreement by the owner to refrain from further developing his or her property or designated portions thereof.

"Special Property Acquisitions" shall mean the acquisition of real property in fee simple or lesser interest pursuant to 2 Del.C. § 1309 (5).

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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