Title 31 — Welfare
34 chapters · 333 sections in this title.
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;
31 Del. C. § 4600-4612. Short title; definitions; requirement for compliance with Safety Code; requirement for seal; issuance of seal; prohibition against alteration; reciprocity; compliance with other requirements; fees; delegation of authority to Department; repossession of seal; limitation of liability; penalties; jurisdiction [Repealed].
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§§ 4600-4612. Short title; definitions; requirement for compliance with Safety Code; requirement for seal; issuance of seal; prohibition against alteration; reciprocity; compliance with other requirements; fees; delegation of authority to Department; repossession of seal; limitat…
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.…