Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2400 - Division of Transportation Solutions
2407 - Alternative Dispute Resolution Process for Acquisition of Certain Real Property
Section 2407-2.0 - Requirements

Universal Citation: 2 DE Admin Code 2407-2.0

Current through Register Vol. 28, No. 3, September 1, 2024

2.1 Both parties must agree to the ADR and the process listed below. Any changes to the process must be approved by both parties and a DAG assigned to the case.

2.2 The ADR review can only take place after an Order for Possession has occurred. However, an agreement to proceed to an ADR is allowed at anytime prior to the Order for Possession.

2.3 Expenses related to the conducting of the ADR review shall be borne by DelDOT, except for any cost incurred by the defendant, their attorney or witnesses in preparing or presenting their case.

2.4 No discovery other than the transfer of appraisals, engineering reports or other documentation typically available during negotiations is allowed.

2.5 All information related to the case shall be held as confidential in the non-binding ADR.

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