Delaware Code Title 31 Sec. 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 the authority; provided, that, if modified after the lease or sale of real property in the urban renewal project area, the modification must be consented to by the redeveloper or redevelopers, or his or her successor or their successors who acquired 75% of the land in the project area and whose interest may be affected by the proposed modification.
Terms Used In Delaware Code Title 31 Sec. 4526
- Governing body: means the city council, town council, commissioners or other legislative body charged with governing the municipality or Levy Court commissioners or other legislative body charged with governing the county. See Delaware Code Title 31 Sec. 4501
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. See Delaware Code Title 31 Sec. 4501
- Redeveloper: means any person, partnership, or public or private corporation or agency which enters or proposes to enter into a redevelopment contract. See Delaware Code Title 31 Sec. 4501
- Redevelopment plan: means a plan other than a preliminary or tentative plan for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area. See Delaware Code Title 31 Sec. 4501
- 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
- Urban renewal plan: means a plan, as it exists from time to time, for an urban renewal project, which plan:
- Urban renewal project: means undertakings and activities of a municipality or community, in an urban renewal area, for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. See Delaware Code Title 31 Sec. 4501
The notice of the proposed modification shall be sent by certified mail to the last known address of the redeveloper or redevelopers of the real property, or his or her successor or successors, who shall have 30 days from the date of the notice to state objections to the modification. These objections will be submitted to the governing body at the time of the hearing. If no objections are made within the 30 days from the date of the notice, then the authority may recommend the plan and state to the governing body that there were no objections.
48 Del. Laws, c. 345, § ?6; 31 Del. C. 1953, § ?4526; 57 Del. Laws, c. 565, § ?1; 70 Del. Laws, c. 186, § ?1;