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Delaware Statutes, Title 31

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Delaware/Statutes

← All Delaware coverage

Title 31, Welfare

34 chapters · 493 sections in this title.

All chapters in Title 31493 Ch 3, CHILD WELFARE53 Ch 5, State Public Assistance Code43 Ch 45, Slum Clearance and Redevelopment Aut…43 Ch 40, THE DELAWARE STATE HOUSING AUTHORITY42 Ch 41, DELAWARE STATE HOUSING CODE35 Ch 38, Child Placement Review Act [Repealed].24 Ch 43, Housing Authority24 Ch 47, The Delaware Neighborhood Conservati…19 Ch 23, Aid to Persons with Blindness18 Ch 21, Division for the Visually Impaired17 Ch 1, Department of Health and Social Services15 Ch 36, Court-Appointed Special Advocate Pro…13 Ch 39, Adult Protective Services13 Ch 51, Services for Justice-Involved Youth13

43 sections·Filtered byTitle 31✕Ch 45✕

31 Del. C. § 4501. Definitions.
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§ 4501. Definitions. As used in this chapter, unless a different meaning is clearly indicated by the context: (1) “Area of operation” means in the case of a municipality the area within such municipality and in the case of a county, the area within the county, except that the are…
31 Del. C. § 4502. Declaration of necessity.
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§ 4502. Declaration of necessity. It is found and declared that there exist in localities throughout the State slum and blighted areas (as defined in § 4501 of this title) which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals a…
31 Del. C. § 4503. Creation of slum clearance and redevelopment authority.
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§ 4503. Creation of slum clearance and redevelopment authority. There is created in each community (as defined in § 4501 of this title) a public body corporate and politic, to be known as the “slum clearance and redevelopment authority” of the community. Such authority shall not …
31 Del. C. § 4504. Resolutions.
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§ 4504. Resolutions. The governing body of a community shall not adopt a resolution pursuant to § 4503 of this title unless it finds that: (1) One or more slum or blighted areas (as defined in § 4501 of this title) exist in such community; and (2) The redevelopment of such area o…

31 Del. C. § 4505. Regional slum clearance and redevelopment authority.

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§ 4505. Regional slum clearance and redevelopment authority. If the governing body of each of 2 or more communities declares, by resolution, that there is a need for 1 slum clearance and redevelopment authority to be created for all of such communities, and has made the findings …

31 Del. C. § 4506. Area of operation of regional authority.

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§ 4506. Area of operation of regional authority. The area of operation of a regional authority shall be increased from time to time to include 1 or more additional communities if the governing body of each of such additional communities adopts the resolution described in § 4505 o…

31 Del. C. § 4507. Board of commissioners; number; tenure of office; vacancies.

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§ 4507. Board of commissioners; number; tenure of office; vacancies. When the governing body of a municipality adopts a resolution as provided in this chapter, it shall promptly notify the mayor of such adoption. If the resolution adopted is one approving the exercise of powers h…

31 Del. C. § 4508. Appointment of commissioners for each additional community; tenure.

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§ 4508. Appointment of commissioners for each additional community; tenure. If a regional authority is created as provided in this chapter, 1 person shall be appointed as a commissioner of such authority for each community for which such authority is created. When the area of ope…

31 Del. C. § 4509. Odd and even number of communities; tenure; certificate of appointment as evidence.

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§ 4509. Odd and even number of communities; tenure; certificate of appointment as evidence. If the area of operation of a regional authority consists at any time of an even number of communities, the commissioners of the regional authority already appointed in the manner describe…

31 Del. C. § 4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence.

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§ 4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence. A commissioner of an authority shall receive no compensation for services, but shall be entitled to the necessary expenses, including traveling expenses, incurred …

31 Del. C. § 4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner.

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§ 4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner. The powers under this chapter vested in each slum clearance and redevelopment authority shall be exercised by the board of commissioners thereof. A majority of the commissioners shall co…

31 Del. C. § 4512. Officers; employees; duties and compensation; legal services.

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§ 4512. Officers; employees; duties and compensation; legal services. The commissioners of an authority shall elect a chairperson and vice-chairperson from among the commissioners. An authority may employ an executive director, technical experts and such other officers, agents an…

31 Del. C. § 4513. Removal; hearing; filing of proceedings in office of municipal or county clerk’s office.

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§ 4513. Removal; hearing; filing of proceedings in office of municipal or county clerk’s office. For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the official or public body which appointed such commissioner, but a comm…

31 Del. C. § 4514. Actions or proceedings; proof of adoption of resolutions as evidence.

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§ 4514. Actions or proceedings; proof of adoption of resolutions as evidence. In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of or bonds issued by an authority, the authority shall be conclusively deemed to have become estab…

31 Del. C. § 4515. Interest in contracts; disclosure of interest; violations.

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§ 4515. Interest in contracts; disclosure of interest; violations. No commissioner or employee of an authority shall voluntarily acquire any interest, direct or indirect, in any redevelopment project or in any property included or planned by the authority to be included in any su…

31 Del. C. § 4516. Powers of an authority.

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§ 4516. Powers of an authority. An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, in…

31 Del. C. § 4517. Approval of redevelopment plans.

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§ 4517. Approval of redevelopment plans. An authority shall not acquire real property for a redevelopment project unless the governing body of the community in which the redevelopment project area is located has approved the redevelopment plan, as prescribed in § 4525 of this tit…

31 Del. C. § 4518. Finding of necessity by local governing body.

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§ 4518. Finding of necessity by local governing body. An authority shall not exercise the authority conferred upon municipalities or communities by this chapter until after the local governing body shall have adopted a resolution finding that: (1) One or more slum or blighted are…

31 Del. C. § 4519. General plan prior to recommendation of redevelopment plan.

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§ 4519. General plan prior to recommendation of redevelopment plan. An authority shall not recommend a redevelopment plan to the governing body of the community in which the redevelopment project area is located until a general plan for the development of the community has been p…

31 Del. C. § 4520. Preparation of redevelopment plan; contents.

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§ 4520. Preparation of redevelopment plan; contents. (a) The authority may itself prepare or cause to be prepared a redevelopment plan or any person or agency, public or private, may submit such a plan to an authority. A redevelopment plan shall be sufficiently complete to indica…

31 Del. C. § 4521. Submission of plan for review and recommendations.

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§ 4521. Submission of plan for review and recommendations. Prior to recommending a redevelopment plan to the governing body for approval, an authority shall submit such plan to the planning commission of the community in which the redevelopment project area is located for review …

31 Del. C. § 4522. Considerations prior to recommendation of plan.

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§ 4522. Considerations prior to recommendation of plan. Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the gene…

31 Del. C. § 4523. Statement of proposed costs; revenue, finances and relocation of displaced families.

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§ 4523. Statement of proposed costs; revenue, finances and relocation of displaced families. The recommendation of a redevelopment plan by an authority to the governing body shall be accompanied by the recommendations, if any, of the planning commission concerning the redevelopme…

31 Del. C. § 4524. Public hearing; notice; publication.

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§ 4524. Public hearing; notice; publication. The governing body of the community shall hold a public hearing on any redevelopment plan or substantial modification thereof recommended by the authority, after reasonable public notice thereof by publication at least once a week for …

31 Del. C. § 4525. Approval of plan; required findings.

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§ 4525. Approval of plan; required findings. (a) Following the hearing required by § 4524 of this title, the local governing body may approve an urban renewal project and the plan therefor if it finds that: (1) A feasible method exists for the location of families who will be dis…

31 Del. C. § 4526. Modification of plan; notice; objections.

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§ 4526. Modification of plan; notice; objections. An urban renewal plan which has not been approved by the governing body when recommended by the authority may again be recommended to it with any modifications deemed advisable. A redevelopment plan may be modified at any time by …

31 Del. C. § 4527. Disposal of property in redevelopment project.

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§ 4527. Disposal of property in redevelopment project. (a) An authority may sell, lease, exchange or otherwise transfer real property or any interest therein in a redevelopment project area to any redeveloper for residential, recreational, commercial, industrial or other uses or …

31 Del. C. § 4528. Eminent domain.

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§ 4528. Eminent domain. An authority may acquire by the exercise of the power of eminent domain any real property which it may deem necessary for a redevelopment project or for its purposes under this chapter after the adoption by it of a resolution declaring that the acquisition…

31 Del. C. § 4529. Acquisition and development of undeveloped vacant land.

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§ 4529. Acquisition and development of undeveloped vacant land. Upon a determination by resolution of the governing body of the community in which such land is located that the acquisition and development of undeveloped vacant land, not within a slum or blighted area, is essentia…

31 Del. C. § 4530. Issuance of bonds.

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§ 4530. Issuance of bonds. (a) An authority may issue bonds from time to time at its discretion for any of its corporate purposes including the payment of principal and interest upon any advances for surveys and plans for redevelopment projects. An authority may also issue refund…

31 Del. C. § 4531. Powers in connection with issuance of bonds.

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§ 4531. Powers in connection with issuance of bonds. (a) In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority, in addition to its other powers, may: (1) Pledge all or an…

31 Del. C. § 4532. Rights of obligees.

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§ 4532. Rights of obligees. An obligee of an authority may, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee: (1) By mandamus, suit, action or proceeding at law or in equity compel such …

31 Del. C. § 4533. Bonds as legal investments.

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§ 4533. Bonds as legal investments. All public officers, municipal corporations, political subdivisions and public bodies, all banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and …

31 Del. C. § 4534. Conveyance to federal government on default.

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§ 4534. Conveyance to federal government on default. In any contract for financial assistance with the federal government the authority may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to …

31 Del. C. § 4535. Property of authority exempt from taxes, from levy and sale by virtue of an execution.

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§ 4535. Property of authority exempt from taxes, from levy and sale by virtue of an execution. (a) All property including funds of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same no…

31 Del. C. § 4536. Cooperation by public bodies.

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§ 4536. Cooperation by public bodies. (a) For the purpose of aiding and cooperating in the planning, undertaking or carrying out of a redevelopment project located within the area in which it is authorized to act, any public body may, upon such terms, with or without consideratio…

31 Del. C. § 4537. Grant of funds by community.

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§ 4537. Grant of funds by community. Any community located in whole or in part within the area of operation of an authority may grant funds to an authority for the purpose of aiding such authority in carrying out any of its powers and functions under this chapter. To obtain funds…

31 Del. C. § 4538. Cooperation between authorities.

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§ 4538. Cooperation between authorities. Any 2 or more authorities may join or cooperate with one another in the exercise if any or all of the powers conferred for the purpose of planning, undertaking or financing a redevelopment project or projects located within the area or are…

31 Del. C. § 4539. Annual report.

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§ 4539. Annual report. An authority shall at least once a year file with the governing body of the community a report of its activities for the preceding year and shall make any recommendations with reference to any additional legislation or other action that may be necessary in …

31 Del. C. § 4540. Title of purchaser.

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§ 4540. Title of purchaser. Any instrument executed by an authority and purporting to convey any right, title or interest in any property under this chapter shall be conclusive evidence of compliance with this chapter insofar as title or other interest of any bona fide purchasers…

31 Del. C. § 4541. Preparation of general plan by local governing body.

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§ 4541. Preparation of general plan by local governing body. The governing body of any community which is not otherwise authorized to create a planning commission with power to prepare a general plan for the development of the community may prepare such a general plan prior to th…

31 Del. C. § 4542. Powers conferred as additional.

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§ 4542. Powers conferred as additional. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.48 Del. Laws, c. 345, § 24; 31 Del. C. 1953, § 4542;

31 Del. C. § 4543. Inconsistent provisions.

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§ 4543. Inconsistent provisions. Insofar as this chapter is inconsistent with any other law, this chapter shall be controlling.48 Del. Laws, c. 345, § 23; 31 Del. C. 1953, § 4543;