Title 29, State Government

§ 9307. Assurance of availability of housing. (a) If a program or project undertaken by an agency cannot proceed on a timely basis because comparable replacement dwellings are not available, and the agency determines that such dwellings cannot otherwise be made available, the hea…

§ 9308. Authority of the agency; rules and regulations. (a) The Governor may, by proclamation or execution order, designate an agency or agencies to establish rules and regulations as may be necessary under this chapter. In lieu of such proclamation or executive order, each agenc…

§ 9309. Administration. In order to prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, the agency may enter into contracts with any individual, firm, association or …

§ 9310. Fund availability. (a) Funds appropriated or otherwise available to any agency or unit of local government for the acquisition of real property or any interest therein for a particular program or project shall also be available to carry out the provisions of this chapter …

§ 9311. State participation in cost of local relocation payments and services. If a unit of local government or political subdivision of this State acquires real property, and state financial assistance is available to pay the cost, in whole or part, of the acquisition of that re…

§ 9312. Displacement by building code enforcement or rehabilitation; demolition programs. A person who moves or discontinues a business, or moves other personal property or moves from such person’s dwelling as a direct result of any project or program which receives federal finan…

§ 9313. Payments not income or resources. No payment received by a displaced person under this chapter shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under state law or for the purpos…

§ 9314. Eminent domain. Nothing contained in this chapter shall be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of damages not in existence on May 27, 1972, and the payments authorized by this chapter are to be in addi…

§ 9401. Purpose of chapter. This chapter is designed to provide a formal review procedure for the disposition of real property no longer needed by the State for public purposes.64 Del. Laws, c. 96, § 1;

§ 9402. Definitions. (a) “Director” shall mean the Director of the Office of Management and Budget. (b) “Office” shall mean the Office of Management and Budget. (c) “Real property” shall mean real property, either improved or unimproved, owned by the State, but shall not include …

§ 9403. Prerequisites to disposition. No real property shall be sold, leased, transferred or otherwise conveyed until a review of the proposed conveyance is completed in accordance with this chapter and the property is deemed to be surplus real property. For purposes of this chap…

§ 9404. Commission on State Surplus Real Property. (a) A Commission on State Surplus Real Property is established and shall report in an advisory capacity to the Governor and to the General Assembly. It shall be comprised of the following members: (1) The Speaker of the House of …

§ 9405. Annual review of proprietary state real property; report of surplus; conditions of sale or other disposition; annual report. (a) On or before December 31 of each year each state agency shall make a review of all proprietary state real property over which it has jurisdicti…

§ 9406. State parks and open spaces. Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504 of Title 7 or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a cha…

§ 9501. Declaration of policy and definitions. (a) This chapter shall be applicable to the acquisition of real property by state and local land acquisition programs or projects in which federal, state or local funds are used. (b) The term “agency” means any department, agency or …

§ 9501A. Acquisition by eminent domain. (a) The policy of the provisions of this chapter pertaining to eminent domain is to ensure that eminent domain is used for a limited, defined public use. Public use does not include the generation of public revenues, increase in tax base, t…

§ 9501B. Transportation and eminent domain. The provisions of § 9501A of this title shall not apply to the acquisition of property or property rights by the Department of Transportation for any transportation facility, project, or program as defined in Titles 2, 9, 14, 17, and th…

§ 9501C. Natural resources and eminent domain. The provisions of § 9501A of this title shall not apply to the acquisition of property or property rights by the Department of Natural Resources and Environmental Control, any tax ditch, and any tax lagoon, for any acquisition author…

§ 9502. Expenses incidental to transfer of title. The agency acquiring real property for such use shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation procee…

§ 9503. Litigation expenses. Where a condemnation proceeding is instituted by the agency to acquire real property for such use and the final judgment is that the real property cannot be acquired by condemnation or the proceeding is abandoned, the owner of any right, title or inte…

§ 9504. Inverse condemnation proceedings. Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of the owner’s property in any program or project, the court, rendering a judgment for the plaintiff in su…

§ 9505. Real property acquisition policies. The agency shall comply with the following policies: (1) Every reasonable effort shall be made to acquire expeditiously real property by negotiation. (2) Real property shall be appraised before the initiation of negotiations, and the ow…

§ 9506. Buildings, structures and improvements. (a) Where any interest in real property is acquired, an equal interest in all buildings, structures or other improvements located upon the real property so acquired and which is required to be removed from such real property or whic…

§ 9601. Title. This chapter shall be known as the “State Employee Benefits Consolidation Act.”72 Del. Laws, c. 204, § 1; 84 Del. Laws, c. 4, § 1;

§ 9602. State Employee Benefits Committee. (a) (1) The State Employee Benefits Committee ( “Committee” ) is comprised of the following voting members, or a designee selected by the member: a. The Lieutenant Governor. b. The Insurance Commissioner. c. The Chief Justice of the Supr…

§ 9603. Duties of the Secretary of the Department of Human Resources. (a) The duties of the Secretary of the Department of Human Resources under this chapter shall include all of the following: (1) The placement of all insurance with such carriers as the Committee deems appropria…

§ 9604. Retiree Healthcare Benefits Advisory Subcommittee. (a) There is hereby established a Retiree Healthcare Benefits Advisory Subcommittee (“Subcommittee”). The Subcommittee shall be comprised of the Lieutenant Governor, the Insurance Commissioner, the Director of the Office …

§ 10001. Declaration of policy. It is vital in a democratic society that public business be performed in an open and public manner so that our citizens shall have the opportunity to observe the performance of public officials and to monitor the decisions that are made by such off…

§ 10002. Definitions. (a) “Agenda” shall include but is not limited to a general statement of the major issues expected to be discussed at a public meeting, as well as a statement of intent to hold an executive session and the specific ground or grounds therefor under § 10004(b) …

§ 10003. Examination and copying of public records. (a) All public records shall be open to inspection and copying during regular business hours by the custodian of the records for the appropriate public body. Reasonable access to and reasonable facilities for copying of these re…

§ 10004. Open meetings. (a) (1) Every meeting of all public bodies shall be open to the public except when closed under subsections (b), (c), (d), and (h) of this section. (2) A meeting that is open to the public under paragraph (a)(1) of this section must include time for public…

§ 10005. Enforcement. (a) Any action taken at a meeting in violation of this chapter may be voidable by the Court of Chancery. Any citizen may challenge the validity under this chapter of any action of a public body by filing suit within 60 days of the citizen’s learning of such …

§ 10006. Video-conferencing participation in open meetings [Repealed].77 Del. Laws, c. 211, § 4; repealed by 83 Del. Laws, c. 65, § 3, effective June 30, 2021.;

§ 10006A. Open meetings; virtual meetings; reasonable accommodations for members with a disability. (a) A public body shall allow a member of the public body with a disability to attend a meeting of the public body through the use of an electronic means of communication, instead …

§ 10007. Education. (a) The Attorney General shall publish biennially a manual for FOIA coordinators. The Attorney General shall send the manual to each FOIA coordinator electronically and shall make the manual available on the Attorney General’s website. The Attorney General sha…

§ 10008. Livestreaming Board of Trustees meetings of public institutions of higher learning. (a) For purposes of this section, “full Board of Trustees” means the full Board of Trustees for each of the following: (1) University of Delaware, under § 5107 of Title 14. (2) Delaware S…

§ 10101. Policy. The purpose of this chapter is to standardize the procedures and methods whereby certain state agencies exercise their statutory powers and to specify the manner and extent to which action by such agencies may be subjected to public comment and judicial review.60…

§ 10102. Definitions. As used in this chapter: (1) “Agency” means any authority, department, instrumentality, commission, officer, board or other unit of the state government authorized by law to make regulations, decide cases or issue licenses. Agency does not include the Genera…

§ 10111. Organization regulations; rules of procedure. For the benefit of the public, each agency shall adopt the following regulations: (1) A general description of its organization, its methods of operations and the manner, including addresses and telephone numbers, whereby the…

§ 10112. Public information. (a) Each agency shall make available promptly to the public upon request, for inspection, originals or legible copies of its public records in accordance with the State’s Freedom of Information Act laws (Chapter 100 of Title 29). (1)-(3) [Repealed.] (…

§ 10113. Adoption of regulations; exemptions. (a) All regulations, except those specifically exempted, shall be adopted according to the requirements of this chapter. (b) Regulations of the following types are exempted from the procedural requirements of this chapter and may be a…

§ 10114. Requests for regulation-making proceedings. Proceedings for the adoption, amendment or repeal of a regulation may be initiated by an agency on the motion of an agency member or at the request of any person who so petitions the agency on a form prescribed for that purpose…

§ 10115. Notice [For application of this section, see 80 Del. Laws, c. 113, § 8]. (a) Whenever an agency proposes to formulate, adopt, amend or repeal a regulation, it shall file notice and full text of such proposals, together with copies of the existing regulation being adopted…

§ 10116. Written submittals. Before adopting, amending or repealing any regulation, an agency shall give notice as prescribed in § 10115 of this title and shall receive all written suggestions, compilations of data, briefs or other written materials submitted to it by any person.…

§ 10117. Public hearings. When an agency is required by law to hold public hearings before adopting, amending or repealing a regulation and, otherwise, if an agency in its discretion determines to hold public hearings, in addition to giving opportunity for the submission of writt…

§ 10118. Agency findings; form of regulations. (a) The opportunity for public comment shall be held open for a minimum of 30 days after the proposal is published in the Register of Regulations. The opportunity for public written comment shall be extended for a minimum of 15 days …