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 2406-8.0 - Dispute Resolution Process
Universal Citation: 2 DE Admin Code 2406-8.0
Current through Register Vol. 28, No. 3, September 1, 2024
8.1 If after negotiations with the owner as identified above for advanced acquisitions satisfying the criteria set forth in subsection 3.3, 4.3 or 5.3 or for Special Property Acquisitions, the Department and the owner cannot reach an agreement upon the acquisition price or terms, the owner may request the following options:
8.1.1 Alternative Dispute
Resolution
8.1.1.1 Upon notification from the
Department that an impasse has been reached, the owner may request to follow
the Alternative Dispute Resolution (ADR) process as identified in DelDOT
Regulation 2407.
8.1.1.2 As per
Regulation 2407, the owner and the Department will agree prior to commencing
the ADR if the process shall be binding or non-binding. If the process is
non-binding, the owner shall retain their rights under subsection
8.1.2.
8.1.2 Ceasing
Advanced Acquisition
8.1.2.1 Upon
notification from the Department that an impasse has been reached, the owner
may notify the Department that they are no longer interested in an Advanced
Acquisition and do not wish to continue with either negotiations or ADR. The
Department at that time shall cease all acquisition activities and notify the
Advanced Acquisition Committee.
8.1.2.2 If the Department ceases advanced
acquisition activities at the request of the owner, advanced acquisition
activities may not be re-initiated without first obtaining approval of the
Advanced Acquisition Committee.
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