reglab/housing_qa huggingface dataset:
29 DE Code § 9306. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 93. Uniform Relocation Assistance|§ 9306. Relocation assistance advisory services.

§ 9306. Relocation assistance advisory services. (a) Programs or projects undertaken by an agency shall be planned in a manner that:  (1) Recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses and farm operations; and (2) Provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion. (b) An agency shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by such agency. If such agency determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency may make available to such person such advisory services. (c) Each relocation assistance advisory program required by subsection (b) of this section shall include such measures, facilities or services as may be necessary or appropriate in order to:  (1) Determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons for relocation assistance; (2) Provide current and continuing information on the availability, sales prices and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations; (3) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location; (4) Supply:  a. Information concerning federal, state and local programs which may be of assistance to displaced persons; and b. Technical assistance to such persons in applying for assistance under such programs; (5) Provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation; and (6) The agency shall coordinate relocation activities performed by such agency with other federal, state or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services. (d) Notwithstanding § 9301(5)b. of this title, in any case in which an agency acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the agency. 29 Del. C. 1953, §  9106;  58 Del. Laws, c. 413, §  2;  67 Del. Laws, c. 8, §  6;
29 DE Code § 9307. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 93. Uniform Relocation Assistance|§ 9307. Assurance of availability of housing.

§ 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 head of the agency may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such project. The agency may use this section to exceed the maximum amounts which may be paid under §§ 9303 and 9304 of this title on a case-by-case basis for good cause as determined in accordance with such regulations as the agency shall issue. (b) No person shall be required to move from a dwelling on account of any program or project undertaken by an agency unless the agency is satisfied that comparable replacement housing is available to such person. (c) The agency shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:  (1) A major disaster as defined in § 102(2) of the Federal Disaster Relief Act of 1974 [42 U.S.C. § 5122]; (2) A national emergency declared by the President or a state of emergency declared by the Governor; or (3) Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person.29 Del. C. 1953, §  9107;  58 Del. Laws, c. 413, §  2;  67 Del. Laws, c. 8, §  7;
29 DE Code § 9308. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 93. Uniform Relocation Assistance|§ 9308. Authority of the agency; rules and regulations.

§ 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 agency concerned shall adopt such rules and regulations to assure:  (1) That the payments and assistance authorized by this chapter shall be administered in a manner which is fair and reasonable and as uniform as practicable; (2) That a displaced person who makes proper application for a payment authorized for such person by this chapter shall be paid promptly after a move or, in hardship cases, paid in advance; and (3) That any person aggrieved by a determination as to eligibility for a payment authorized by this chapter or the amount of payment may have the application reviewed by the head of the agency. (b) The agency may prescribe such other regulations and procedures as it deems necessary or appropriate to carry out this chapter. (c) If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, the agency may take action as necessary or appropriate to provide such housing by use of funds authorized for such project. (d) In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of displaced persons who are displaced from dwellings because of any project or program, the agency may take actions as necessary or appropriate to utilize federal loans for planning and preliminary expenses for additional housing as provided under 42 U.S.C. § 4635. 29 Del. C. 1953, §  9108;  58 Del. Laws, c. 413, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 374, § 31;
29 DE Code § 9309. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 93. Uniform Relocation Assistance|§ 9309. Administration.

§ 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 corporation for services in connection with those programs or may carry out its functions under this chapter through any federal agency or any department or instrumentality of the State or its political subdivisions having an established organization for conducting relocation assistance programs. 29 Del. C. 1953, §  9109;  58 Del. Laws, c. 413, §  2;
29 DE Code § 9310. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 93. Uniform Relocation Assistance|§ 9310. Fund availability.

§ 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 as applied to that program or project. (b) No payment or assistance under this chapter or under Chapter 95 of this title shall be required to be made to any person or included as a program or project cost under this section, if such person receives a payment required by federal, state or local law which is determined by the agency to have substantially the same purpose and effect as such payment under this chapter or under Chapter 95 of this title. 29 Del. C. 1953, §  9110;  58 Del. Laws, c. 413, §  2;  67 Del. Laws, c. 8, §  8;
29 DE Code § 9311. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 93. Uniform Relocation Assistance|§ 9311. State participation in cost of local relocation payments and services.

§ 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 real property, or of the improvement for which the property is acquired, the cost to the unit of local government or political subdivision of providing the payments and services prescribed by this chapter shall be included as part of the costs of the project for which state financial assistance is available and the unit of local government or political subdivision shall be eligible for state financial assistance for relocation payments and services in the same manner and to the same extent as other project costs. 29 Del. C. 1953, §  9111;  58 Del. Laws, c. 413, §  2;
29 DE Code § 9312. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 93. Uniform Relocation Assistance|§ 9312. Displacement by building code enforcement or rehabilitation; demolition programs.

§ 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 financial assistance under Title I of the Housing Act of 1949 [42 U.S.C. § 1441 et seq.], as amended, or as a result of carrying out a comprehensive city demonstration program under Title I of the Demonstration Cities and Metropolitan Development Act of 1966 [42 U.S.C. § 3301 et seq.] shall, for the purposes of this chapter, be deemed to have been displaced as the result of the acquisition of real property. 29 Del. C. 1953, §  9112;  58 Del. Laws, c. 436;  70 Del. Laws, c. 186, §  1;
29 DE Code § 9313. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 93. Uniform Relocation Assistance|§ 9313. Payments not income or resources.

§ 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 purposes of the Delaware state income or corporation income tax. Such payments shall not be considered as income or resources to any recipient of public assistance under Title 31, and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled. 29 Del. C. 1953, §  9113;  58 Del. Laws, c. 413, §  2;
29 DE Code § 9314. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 93. Uniform Relocation Assistance|§ 9314. Eminent domain.

§ 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 addition to the just compensation established in such proceedings, but only to the extent they are not otherwise included in the condemnation award. 29 Del. C. 1953, §  9114;  58 Del. Laws, c. 413, §  2;
29 DE Code § 9401. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 94. Real Property Disposition|§ 9401. Purpose of chapter.

§ 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;
29 DE Code § 9402. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 94. Real Property Disposition|§ 9402. Definitions.

§ 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 property which has been acquired by the Department of Transportation pursuant to Title 17 of this Code, in connection with proposed highway construction projects. (d) “Surplus real property” shall mean real property no longer needed by the State for a public purpose. 64 Del. Laws, c. 96, §  1;  67 Del. Laws, c. 29, §  1;  75 Del. Laws, c. 88, §  16(5);
29 DE Code § 9403. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 94. Real Property Disposition|§ 9403. Prerequisites to disposition.

§ 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 chapter the granting of an easement shall not be considered a conveyance of real property. The determination to grant an easement shall be at the discretion of the Director of the Office of Management and Budget. 64 Del. Laws, c. 96, §  1;  72 Del. Laws, c. 313, §  1;  75 Del. Laws, c. 88, §  16(5);
29 DE Code § 9404. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 94. Real Property Disposition|§ 9404. Commission on State Surplus Real Property.

§ 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 Representatives; (2) The President Pro Tempore of the Senate; (3) The Director of the Division of Small Business; (4) The Secretary of the Department of Transportation; (5) The Director of the Office of Management and Budget. (b) The Governor shall designate 1 member to serve as Chairperson of the Commission. (c) The Commission shall be assisted by staff designated by the Director of the Office of Management and Budget and shall work in cooperation with all state and local agencies of government and with private organizations or individuals to secure all necessary and relevant information for its assignments. 64 Del. Laws, c. 96, §  1;  69 Del. Laws, c. 458, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  16(5);  81 Del. Laws, c. 49, §  3;  81 Del. Laws, c. 374, § 32;
29 DE Code § 9406. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 94. Real Property Disposition|§ 9406. State parks and open spaces.

§ 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 change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie. 72 Del. Laws, c. 156, §  4;
29 DE Code § 9501. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 95. Real Property Acquisition|§ 9501. Declaration of policy and definitions.

§ 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 instrumentality of the State or of a political subdivision of the State, any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the State, or states, and any person who has the authority to acquire property by eminent domain under state law. 29 Del. C. 1953, §  9201;  58 Del. Laws, c. 413, §  3;  67 Del. Laws, c. 8, §  9;
29 DE Code § 9501A. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 95. Real Property Acquisition|§ 9501A. Acquisition by eminent domain.

§ 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, tax revenues, employment or economic health, through private land owners or economic development. (b) Notwithstanding any other provision of law, neither this State nor any political subdivision thereof nor any other condemning agency, including an agency as defined in § 9501(b) of this title, shall use eminent domain other than for a public use, as defined in subsection (c) of this section. (c) The term “public use” shall only mean:  (1) The possession, occupation, or utilization of land by the general public or by public agencies; (2) The use of land for the creation or functioning of public utilities, electric cooperatives, or common carriers, or (3) Where the exercise of eminent domain:  a. 1. Removes a “blighted area” as defined at § 4501(3) of Title 31, or a “slum area”, as defined at § 4501(23) of Title 31; 2. Removes a structure that is beyond repair or unfit for human habitation or use; or 3. Is used to acquire abandoned real property; and b. Eliminates a direct threat to public health and safety caused by or related to the real property in its current condition. (d) Whenever real property is condemned and will be used, including owned, occupied or developed by a private party, the State or agency thereof or a political subdivision must establish by clear and convincing evidence that the use of eminent domain complies with the definition of “public use” in subsection (c) of this section. (e) No written notice or correspondence shall be sent to property owners from the State, an agency or a political subdivision communicating to the property owner that the real property is subject to eminent domain without the State, an agency, or a political subdivision first notifying the property owner in writing of the public use as defined in subsection (c) of this section and as required by § 9505(15) of this title. 77 Del. Laws, c. 12, §  1;
29 DE Code § 9501B. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 95. Real Property Acquisition|§ 9501B. Transportation and eminent domain.

§ 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 this title, if the primary purpose of each parcel being required is to maintain or improve the State's transportation network, as sworn to by the Secretary of the Department or the Secretary's authorized designee. 77 Del. Laws, c. 12, §  5;  70 Del. Laws, c. 186, §  1;
29 DE Code § 9501C. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 95. Real Property Acquisition|§ 9501C. Natural resources and eminent domain.

§ 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 authorized in Title 7, if the primary purpose of such acquisition is to maintain, protect or improve the State's natural resources, as sworn to by the Secretary of the Department or the Secretary's authorized designee. 77 Del. Laws, c. 12, §  6;  70 Del. Laws, c. 186, §  1;
29 DE Code § 9502. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 95. Real Property Acquisition|§ 9502. Expenses incidental to transfer of title.

§ 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 proceeding to acquire real property, whichever is the earlier, reimburse the owner, to the extent the agency deems fair and reasonable, for expenses necessarily incurred for:  (1) Recording fees, transfer taxes and similar expenses incidental to conveying such real property to the State; (2) Penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering such real property; and (3) The prorata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the State or the effective date of possession of such real property by the State, whichever is the earlier.29 Del. C. 1953, §  9202;  58 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 186, §  1;
29 DE Code § 9503. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 95. Real Property Acquisition|§ 9503. Litigation expenses.

§ 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 interest in such real property shall be paid such sum as will, in the opinion of the court, reimburse such owner for reasonable attorney, appraisal and engineering fees, actually incurred because of the condemnation proceedings. The awards of such sums will be paid by the agency. 29 Del. C. 1953, §  9203;  58 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 216, §  2;
29 DE Code § 9504. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 95. Real Property Acquisition|§ 9504. Inverse condemnation proceedings.

§ 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 such proceeding and awarding compensation for the taking of property, or the Department of Justice effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the Department of Justice, reimburse such plaintiff for reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceedings. 29 Del. C. 1953, §  9204;  58 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 186, §  1;