Title 31 — Welfare
34 chapters · 333 sections in this title.
31 Del. C. § 4701. Short title.
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§ 4701. Short title. This chapter shall be known and may be cited as the “Delaware Neighborhood Conservation and Land Banking Act.”80 Del. Laws, c. 155, § 1;
31 Del. C. § 4702. Legislative findings and purpose.
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§ 4702. Legislative findings and purpose. The General Assembly finds and declares as follows: (1) Delaware’s communities are important to the social and economic vitality of Delaware. Whether urban, suburban, or rural, many Delaware communities are struggling to cope with unoccup…
31 Del. C. § 4703. Definitions.
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§ 4703. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: (1) “Board of directors” or “board” means the board of directors of the land bank. (2) “Foreclosing…
31 Del. C. § 4704. Applicability of Delaware law.
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§ 4704. Applicability of Delaware law. (a) This chapter shall apply only to any land bank created pursuant to this chapter. (b) Chapters 94 and 95 of Title 29 shall not apply to any land bank created pursuant to this chapter. (c) If any provision of this chapter conflicts with an…
31 Del. C. § 4705. Creation and existence.
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§ 4705. Creation and existence. (a) A foreclosing governmental unit may create a land bank by the adoption of a local law, ordinance, or resolution, as appropriate to such foreclosing governmental unit. The foreclosing governmental unit, prior to the adoption of a local law, ordi…
31 Del. C. § 4706. Board of directors.
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§ 4706. Board of directors. (a) The initial size of the board of directors shall be determined in accordance with § 4705(a)(2) of this title. Unless restricted by the agreement specified in § 4705(b) of this title, and subject to the limits set forth in this section, the size of …
31 Del. C. § 4707. Staff.
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§ 4707. Staff. A land bank may employ a secretary, an executive director, its own counsel and legal staff, technical experts, and such other agents and employees, permanent or temporary, as it may require, and may determine the qualifications and fix the compensation and benefits…
31 Del. C. § 4708. Powers.
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§ 4708. Powers. A land bank shall possess all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to those herein otherwise granted: (1) To adopt, amend, and repeal bylaws for the regu…
31 Del. C. § 4709. Acquisition of property.
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§ 4709. Acquisition of property. (a) The land bank may acquire real property or interests in real property by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the land bank considers proper. (b) The land bank shall not …
31 Del. C. § 4710. Disposition of property.
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§ 4710. Disposition of property. (a) The land bank shall determine and set forth in policies and procedures adopted by the board of directors the general terms and conditions for consideration to be received by the land bank for the transfer of real property and interests in real…
31 Del. C. § 4711. Maintenance of property.
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§ 4711. Maintenance of property. (a) The land bank shall maintain all of its real property in accordance with the laws and regulations of the jurisdiction in which the real property is situated. (b) Notwithstanding subsection (a) of this section, the foreclosing governmental unit…
31 Del. C. § 4712. Delinquent property enforcement.
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§ 4712. Delinquent property enforcement. (a) All powers of foreclosing governmental units preserved. — A foreclosing governmental unit may bring to public sale any real property within its jurisdiction that has liens inuring to the foreclosing governmental unit in accordance with…
31 Del. C. § 4713. Expedited quiet title proceedings.
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§ 4713. Expedited quiet title proceedings. (a) As provided under § 6502 of Title 10, the land bank shall: (1) Be authorized to file an action to quiet title as to any real property in which the land bank has standing to file such an action. (2) Prior to the filing of an action to…
31 Del. C. § 4714. Taxing and financing of land bank operations.
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§ 4714. Taxing and financing of land bank operations. (a) A land bank shall have no shareholders and may not be structured as a for-profit entity. A land bank may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for d…
31 Del. C. § 4715. Public records and public meetings.
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§ 4715. Public records and public meetings. (a) The board shall cause minutes and a record to be kept of all its proceedings. Except as otherwise provided in this section, the land bank shall be subject to the provisions of Chapter 100 of Title 29. (b) A land bank shall schedule …
31 Del. C. § 4716. Dissolution of land bank.
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§ 4716. Dissolution of land bank. (a) A land bank may be dissolved within 60 calendar days after the adoption of an affirmative resolution approved by 2/3 of the membership of the board of directors authorizing such dissolution. Sixty calendar days’ advance written notice of cons…
31 Del. C. § 4717. Conflicts of interest.
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§ 4717. Conflicts of interest. (a) No member of the board or employee of a land bank shall acquire any interest, direct or indirect, in real property of the land bank, in any real property to be acquired by the land bank, or in any real property to be acquired from the land bank.…
31 Del. C. § 4718. Construction, intent, and scope of chapter.
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§ 4718. Construction, intent, and scope of chapter. This chapter shall be construed liberally to effectuate the legislative intent and purposes and all powers granted by this chapter shall be broadly interpreted to effectuate such intent and purposes. Except as otherwise expressl…
31 Del. C. § 4719. Duration and termination.
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§ 4719. Duration and termination. Any land bank created pursuant to this chapter shall have permanent and perpetual duration until terminated and dissolved in accordance with § 4716 of this title and subchapter X, Chapter 1 of Title 8.80 Del. Laws, c. 155, § 1;