Delaware Code Title 29 Sec. 7525 – Use or acquisition of lands for school construction
(a) Whenever a school district either proposes to use land that it currently owns for the carrying out of school construction, or to select and acquire land for the same purpose, the board of education of such school district is authorized to use or to select and acquire such land upon the approval of the Department of Education, the Office of Management and Budget and the Office of State Planning Coordination, pursuant to rules and regulations to be promulgated by the Department of Education. A school district may submit more than 1 prospective site for approval. If the Department of Education, the Office of Management and Budget and the Office of State Planning Coordination approve more than 1 site, the Department of Education shall work jointly and cooperatively with the school district to finally decide which site or sites shall be approved. The provisions of this subsection shall apply to any land that a school district desires to use for school construction purposes, whether acquired prior to or after July 19, 2004, and regardless of whether said land was or is to be acquired by the school district either by gift or for consideration, or where said land is proposed to be set aside in lieu of payment of the Voluntary School Assessment as provided in § 2661(c)(3) of Title 9 and § 842(c) of Title 22.
Terms Used In Delaware Code Title 29 Sec. 7525
- Contract: A legal written agreement that becomes binding when signed.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- School construction: includes , but is not limited to, the acquisition, construction, reconstruction, alteration, remodeling or enlargement of school buildings, the acquisition or installation of apparatus or equipment or educational supplies suitable for the use of such buildings, the acquisition of machinery necessary for the maintenance of such buildings or school grounds, the acquisition of land required as sites for such buildings, or for playgrounds, including land or rights in land needed to provide access to sites and to provide suitable playgrounds, and the grading or other improvements of such sites, land or rights in land, including the construction of sidewalks where authorized by law, the construction of any sewers or water mains needed to connect such buildings to any publicly owned sewer system or water system, the acquisition of temporary buildings or facilities for school purposes to be used until such time as permanent school buildings or facilities shall become available. See Delaware Code Title 29 Sec. 7501
- School district: means a reorganized school district, or any newly created school unit or area for which no board has been appointed or elected at the time of the effective date of any school construction bond authorization act or any area which the State Board of Education shall determine to be the area served by any school facility which is referred to in any school construction bond authorization act and for which there is specified no local share. See Delaware Code Title 29 Sec. 7501
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) The land may be acquired by contract with the owner or owners thereof at a fair value, or by condemnation proceedings instituted by the appropriate official body, but such condemnation proceedings shall not be instituted against any land, building, franchise, easement or other property of a public utility used by it in providing its service to the public.
(c) The cost of such land shall be deemed to be part of the cost of such school construction.
(d) Title to any lands acquired shall be a fee simple title and shall be vested in the board of education of the school district.
(e) Condemnation proceedings to acquire land in any case where such land cannot for any reason be acquired by agreement with the owner or owners thereof for a fair or reasonable consideration may be instituted by the appropriate official body under § 2303 of Title 14 and Chapter 61 of Title 10.
29 Del. C. 1953, § ?7525; 54 Del. Laws, c. 345; 57 Del. Laws, c. 440, § ?4; 71 Del. Laws, c. 378, § ?126; 74 Del. Laws, c. 367, §§ ?20, 21; 75 Del. Laws, c. 88, § ?21(13);