reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9011D. Division of Training and Human Resource Solutions.

§ 9011D. Division of Training and Human Resource Solutions.
(a) The Division of Training and Human Resource Solutions of the Department of Human Resources is hereby established having powers, duties and functions as follows:
(1) To assume the central leadership role for the Executive Branch over matters relating to employee training common across agencies, including leadership training, and designate staff to administer training programs for state managers, supervisors and employees.
(2) Statewide training programs may be supported with funds generated from fees for agencies participating in programs provided by the Department of Human Resources. The Department of Human Resources may set charges to sustain or create training programs with the funds placed in an appropriated special fund account.
(3) The Division shall administer special training funds and associated programs for the benefit of state employees including the blue collar funds pursuant to § 3902(2)b. of Title 19 to fund career training for state employees, and Chapter 60B of this title, First State Quality Improvement Fund,
(4) Establish and maintain statewide recognition programs pursuant to Chapter 59 of this title.
(5) Administer the Delaware Learning Center (DLC), the State's enterprise learning management system, and the DLC Support Portal across executive, legislative, and judicial branches.
(6) Leads DHR technology and special projects at the discretion of the Secretary of the Department of Human Resources in support of the centralized service delivery human resource services to the executive branch agencies.
(b) The Director of Training and Human Resource Solutions shall assume such other powers, duties and functions as the Secretary of the Department of Human Resources may assign that are not otherwise inconsistent with the laws of this State.
84 Del. Laws, c. 89, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9012D. Counsel; powers and duties.

§ 9012D. Counsel; powers and duties.
Notwithstanding § 2507 of this title, the Department shall employ 1 counsel experienced in the field of labor and employment law, who may advise the Department on matters of labor and employment law and who shall assist the Department in developing standards, policies, programs and training materials that satisfy Delaware and federal law.
84 Del. Laws, c. 89, § 1, effective June 30, 2023;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9013D. Functions prior to July 1, 2017.

§ 9013D. Functions prior to July 1, 2017.
The Department of Human Resources, through appropriate divisions, subdivisions and offices, shall have the power to perform and responsibility to perform all the powers, duties and functions that were vested in the Human Resource Management and the Benefits and Insurance Administration Sections of the Office of Management and Budget prior to July 1, 2017, and which are not otherwise specifically assigned to the Department of Human Resources by this chapter, excepting only those powers, duties and functions expressly vested in or retained by any other person, department, board, commission or agency.
84 Del. Laws, c. 89, § 1, effective June 30, 2023;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9014D. Appeals.

§ 9014D. Appeals.
Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department of Human Resources or to any division or subdivision or office thereof, shall continue to exist with respect to such act or acts as hereafter performed by the Department of Human Resources or by the division, subdivision or office to which such function is transferred, and each such appeal shall be perfected in the manner heretofore provided by law.
84 Del. Laws, c. 89, § 1, effective June 30, 2023;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9015D. Transfers and continuity.

§ 9015D. Transfers and continuity.
All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.
84 Del. Laws, c. 89, § 1, effective June 30, 2023;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9016D. Misnomer in donation.

§ 9016D. Misnomer in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department of Human Resources or any predecessor agency thereof if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby the estate or interest therein expressed or described to the Department or to any commission, board, department, authority, council or agency, from which, by this chapter, the powers, duties and functions have been transferred to the Department.
84 Del. Laws, c. 89, § 1, effective June 30, 2023;
2023 Delaware Code › Title 29 - State Government › Chapter 90D. DEPARTMENT OF HUMAN RESOURCES › § 9017D. Supremacy.

§ 9017D. Supremacy.
All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.
84 Del. Laws, c. 89, § 1, effective June 30, 2023;
2023 Delaware Code › Title 29 - State Government › Chapter 91. STATE PLANNING › Subchapter II. Development Of State Impact Fees › § 9121. Findings.

§ 9121. Findings.
The General Assembly finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the State. It is the intent of this subchapter to:
(1) Ensure that adequate public facilities are available to serve new growth and development;
(2) Promote orderly growth and development by establishing uniform standards by which municipalities and counties may require that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development;
(3) Establish standards for the determination of impact fees for state facilities and services; and
(4) Ensure that new growth and development is required to pay no more than its proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development exactions.
73 Del. Laws, c. 185, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 91. STATE PLANNING › Subchapter II. Development Of State Impact Fees › § 9122. Definitions.

§ 9122. Definitions.
For purposes of this subchapter, the following definitions shall apply:
(1) “Community” means those areas designated as communities in the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(2) “Developing area” means an area designated as a developing area in the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(3) “Development” means any construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities;
(4) “Environmentally sensitive developing area” means an area designated as an environmentally sensitive developing area in the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(5) “Impact fee” means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development;
(6) “Proportionate share” means that portion of the cost of system improvements that is reasonably related to the service demands and needs of the project;
(7) “Rural area” means an area designated as a rural area in the Strategies for State Policies and Spending adopted by the Governor's Cabinet Committee on State Planning Issues on December 23, 1999;
(8) “State public facilities” means:
a. Roads, streets and bridges, including rights of way, traffic signals, landscaping and any local components of state or federal highways;
b. Transit facilities;
c. State-provided police service;
d. State-provided emergency services; and
e. Schools.
(9) “System improvement costs” means costs incurred to provide additional state public facilities capacity needed to serve new growth and development for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, including the cost of constructing or reconstructing system improvements or facility expansions;
(10) “System improvements” means capital improvements that are public facilities and are designed to provide service to the community at large.
73 Del. Laws, c. 185, §  1;  78 Del. Laws, c. 92, §  36;
2023 Delaware Code › Title 29 - State Government › Chapter 91. STATE PLANNING › Subchapter II. Development Of State Impact Fees › § 9123. Development of impact fees.

§ 9123. Development of impact fees.
(a) In addition to its responsibilities set forth above in [former] § 9102 of this title [now repealed], the Cabinet Committee on State Planning Issues shall develop a schedule of impact fees for development throughout the State. The Cabinet Committee on State Planning Issues may engage a qualified consultant to assist in development of a fee structure that accurately represents the incremental costs to the State of providing infrastructure and services in areas where minimal investment is planned by the State.
(b) The schedule of impact fees shall include proposed impact fees for development with respect to each of the state public facilities identified in § 9122(8) of this title.
(c) The schedule of impact fees shall include recommended fee levels for development in environmentally sensitive developing areas, secondary developing areas, and rural areas. The schedule of impact fees shall not recommend impact fees for communities or developing areas.
(d) The schedule of impact fees developed by the Advisory Council shall be submitted to the Joint Bond Bill Committee of the General Assembly on or before May 1, 2002. The schedule of impact fees shall be accepted, rejected or modified by the Joint Bond Bill Committee and thereafter approved by the General Assembly by appropriate legislation.
(e) Impact fees developed pursuant to this section shall not exceed the proportionate share of the cost of system improvements, as defined in this subchapter.
73 Del. Laws, c. 185, §  1;  73 Del. Laws, c. 224, §  9;  78 Del. Laws, c. 92, §  37;
2023 Delaware Code › Title 29 - State Government › Chapter 91. STATE PLANNING › Subchapter II. Development Of State Impact Fees › § 9124. County impact fees.

§ 9124. County impact fees.
(a) County governments may develop and establish impact fees for services for which the county will bear increased costs of development. These areas may include but are not limited to:
(1) Water and sewer construction;
(2) Libraries;
(3) Fire-house construction; and
(4) Emergency services.
(b) [Repealed.]
73 Del. Laws, c. 185, §  1;  76 Del. Laws, c. 21, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 91. STATE PLANNING › Subchapter II. Development Of State Impact Fees › § 9125. Farm residences.

§ 9125. Farm residences.
No impact fees adopted pursuant to this subchapter shall be imposed on a primary residence constructed on a parcel of land zoned as farmland and actively devoted to farming, provided that the individuals living in the residence use it as their primary residence, and either:
(1) Are actively farming the land; or
(2) Are relatives of the owners of the parcel of land.
73 Del. Laws, c. 185, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 91. STATE PLANNING › Subchapter IV. Geospatial Data Coordination › § 9141. Findings.

§ 9141. Findings.
The General Assembly finds that the coordination of the use and sharing of data and information among all levels of government is essential to the efficient and smooth provision of government services to the people of the State. It is the intent of this subchapter to:
(1) Ensure that geospatial data are maintained and published in such a manner that they are readily available to all appropriate data users to support state and local government functions;
(2) Promote the use and sharing of geospatial data and of geographic information system software and tools by state agencies and local governments;
(3) Establish standards for the appropriate publication of geospatial data and metadata; and
(4) Provide for a coordinated community of geospatial data providers and geospatial data users in Delaware.
76 Del. Laws, c. 103, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 91. STATE PLANNING › Subchapter IV. Geospatial Data Coordination › § 9142. Definitions.

§ 9142. Definitions.
For purposes of this subchapter, the following definitions shall apply:
(1) “Delaware Geospatial Information Clearinghouse” means a web-enabled, electronic resource for the collection, organization, storage, and dissemination of metadata and other information to assist in the sharing of geospatial data and information.
(2) “Geographic Information System” and “GIS” both mean a system for capturing, storing, analyzing and managing data and associated attributes which are spatially referenced to the earth.
(3) “Geospatial” means data and/or information that identify the geographic location and characteristics of natural or constructed features and boundaries on the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies.
(4) “Metadata” means data about the content, quality, condition, and other characteristics of data.
76 Del. Laws, c. 103, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 91. STATE PLANNING › Subchapter IV. Geospatial Data Coordination › § 9144. Publication of geospatial data and information in Delaware.

§ 9144. Publication of geospatial data and information in Delaware.
All geospatial data and information created by or for any state, county or local agency, or by or for any other organizations receiving state funds in whole or in part for the development of such data, shall be subject to the following conditions:
(1) All geospatial data and information shall be considered to be in the public domain, except as provided for in all applicable federal, state and local laws and statutes including the information security and data classification standards promulgated by the Delaware Department of Technology and Information.
(2) Metadata for all geospatial data and information shall be published on the Delaware Geospatial Information Clearinghouse, maintained by the University of Delaware, or on any clearinghouse system that may be approved the by the Executive Council of the Delaware Geographic Data Committee to replace that Clearinghouse in the future.
a. All metadata shall meet at least the minimum metadata specifications approved by the Executive Council of the Delaware Geographic Data Committee.
b. Metadata shall be published for data projects at all stages of development including planning for data acquisition, data collection and creation, publication as draft and final publication.
c. Restrictions placed on geospatial data and information pursuant to paragraph (1) of this section shall not apply to metadata for those data sets.
(3) Agencies or entities responsible for the creation of any geospatial data and information in or representing Delaware shall make all efforts to provide full and practical access to such geospatial data and information.
76 Del. Laws, c. 103, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 91. STATE PLANNING › Subchapter V. Delaware Population Consortium › § 9151. Findings; purpose.

§ 9151. Findings; purpose.
The efficient and effective planning for capital projects and services that benefit Delaware's citizens must rely upon the best technical information available in order to anticipate demographic and population trends. The Delaware Population Consortium is created to do all of the following:
(1) Create a single set of population projections for the State because it would be detrimental to have different entities developing competing sets of projections for their own purposes.
(2) Create a single set of population projections with a long-term horizon of 30 years to be beneficial for long-term capital planning.
(3) Use a single methodology that can be refined over time.
(4) Establish a regular annual release date for the population projections to provide consistent and predictable information for entities that rely upon the projections.
(5) Conduct ongoing review of the population projections.
(6) Create population projections that cover a consistent set of geographic areas including the State, each county, and each incorporated municipality.
82 Del. Laws, c. 14, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 92. LAND USE PLANNING › Subchapter I. Findings, Purpose and Definitions › § 9201. Findings; purpose.

§ 9201. Findings; purpose.
(a) Some land use decisions are far-reaching, complex determinations involving the commitment of finite resources by many levels of government and private investment. Such decisions must be coordinated so as to achieve efficient, effective and timely use of finite resources.
(b) The resource investment, both public and private, in land use decisions is long-term and therefore a process which provides a certain and stable climate for decision-making is necessary to foster rational investment of these resources.
(c) A method of achieving consistency and coordination between the levels of government, and between government and private enterprise, is essential to achieve these goals.
(d) Economic activity should be enhanced by coordinating and simplifying the various state regulatory and review processes required prior to development. It is declared, therefore, that a process for streamlining such processes be established.
74 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 92. LAND USE PLANNING › Subchapter I. Findings, Purpose and Definitions › § 9202. Definitions.

§ 9202. Definitions.
For the purpose of this chapter:
(1) “Applicant” means any person who must apply to a local jurisdiction for approval to proceed with a project which requires a local jurisdiction to take a land use planning action.
(2) “Comprehensive development plan” means a municipal or county comprehensive land use plan, master plan or comprehensive plan as provided in Titles 9, 22 or this title.
(3) “Economic development project” means a development project creating full-time jobs, that is consistent with an adopted local government comprehensive plan and local land development and zoning ordinances, and the economic development project is located at least partially in Investment Levels 1 or 2 as set forth under the Strategies for State Policies and Spending, promulgated under § 9101 of this title.
(4) “Final decision” means any legislative, administrative or quasi-judicial action that establishes the final determination of a local jurisdiction concerning any land use planning action.
(5) “Local jurisdiction” means the County of New Castle, the County of Kent, the County of Sussex, municipalities within the State or any other political subdivision of the State, or any instrumentality of any political subdivision of the State.
(6) “Local land use planning action” means any action involving:
a. The adoption or amendment of a Comprehensive Development Plan;
b. The zoning or re-zoning of land;
c. The subdivision or partioning of 1 parcel of land into 2 or more parcels of land or the combining of 2 or more parcels of land into 1 or more new parcels of land if required by local subdivision review ordinances; or
d. The review or approval of 1 or more parcels of land for development if required by local site plan review ordinances.
(7) “Person” means any individual, partnership, firm, association, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, local jurisdiction, any interstate body or any other legal entity.
(8) “Rezoning” means any modification of zoning classification of property based upon local zoning codes adopted as provided in Title 9 or 22.
(9) “Site plan” means a plan, to scale, showing uses, structures and any other improvements for a parcel as required by a local jurisdiction's land use regulations.
(10) “Subdivision” means the division of land into 2 or more lots.
74 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 47, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 92. LAND USE PLANNING › Subchapter II. Pre-application Reviews › § 9203. Local land use planning actions subject to review process.

§ 9203. Local land use planning actions subject to review process.
(a) All projects meeting any 1 of the following criteria shall undergo a pre-application meeting and review process as set forth in this chapter:
(1) Major residential subdivisions with internal road networks and more than 50 units, excluding previously recorded residential subdivisions of any size which have not been sunsetted.
(2) Any nonresidential subdivision involving structures or buildings with a total floor area exceeding 50,000 square feet, excluding any previously approved and recorded nonresidential subdivision regardless of floor area size, or any site plan review involving structures or buildings with a total floor area exceeding 50,000 square feet, excluding any previously approved and recorded nonresidential site plan review regardless of floor area size. Notwithstanding this paragraph (a)(2), economic development projects are exempt from the pre-application meeting and review process, unless required by a local jurisdiction, through a memorandum of understanding between a local jurisdiction and the Office of State Planning Coordination or by ordinance.
(3) Rezonings, conditional uses, site plan reviews and/or subdivisions, within environmentally sensitive areas, as identified within any local jurisdiction's comprehensive plan as certified under § 9103 of this title.
(4) Annexations inconsistent with the local jurisdiction's comprehensive plan as certified under § 9103 of this title.
(5) Applications for rezoning if not in compliance with the local jurisdiction's comprehensive plan as certified under § 9103 of this title.
(6) Any other project which is required to be referred to the State for pre-application review by local jurisdiction regulations.
(7) Any local land use regulation, ordinance or requirement referred to the Office of State Planning Coordination by a local jurisdiction for the purpose of providing the jurisdiction with advisory comments. The land use regulations, ordinances or requirements that are to be referred to the Office of State Planning Coordination may be specified in a jurisdiction's Memorandum of Understanding.
(8) County and municipal comprehensive plans as required by Titles 9 and 22.
(b) Any applicant may voluntarily request to participate in the pre-application review process and shall make such requests in writing to the Office of State Planning Coordination.
74 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 47, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 92. LAND USE PLANNING › Subchapter II. Pre-application Reviews › § 9204. Pre-application review process.

§ 9204. Pre-application review process.
(a) Pre-application reviews shall be conducted and concluded, unless otherwise provided for herein, prior to the formal submission of any document required by the first step under any local jurisdiction's land use review regulation, including, but not limited to, a “preliminary” or “sketch” subdivision or site plan, or a written request for a re-zoning, conditional use, or annexation by an applicant to the local jurisdiction. The applicant may elect to initiate the pre-application review process simultaneously with the formal submission or application to any local jurisdiction with an approved Memorandum of Understanding as provided for in § 9205(c) of this title. The applicant is responsible for complying with any and all local regulations and is strongly encouraged to meet with local officials prior to initiating the pre-application review process. The applicant shall be responsible for requesting a pre-application review under this chapter.
(b) The Office of State Planning Coordination shall develop an application and procedures for review and shall be responsible for scheduling and coordinating all pre-application review meetings. Meeting dates shall be designated for 1 or more days certain each month and held in accordance with procedures outlined by the Office of State Planning Coordination. Projects shall be heard at a pre-application meeting within 45 calendar days of receipt of a request by the Office of State Planning Coordination. The Office of State Planning Coordination shall give public notice of all pre-application review meetings by following the requirements of § 10004(e) of this title.
(c) Within 20 business days following the date of the pre-application meeting with the applicant, the Office of State Planning Coordination shall furnish to the applicant and the local jurisdiction a written compilation of all comments received at the meeting. Failure of Office of State Planning Coordination to meet the 20-business-day requirement will result in the State forfeiting the opportunity to comment on the local land use planning action. The length of review may be extended by mutual consent of the Office of State Planning Coordination and the applicant. The local jurisdiction shall be notified immediately of any mutually acceptable delays.
(d) Following the pre-application review process and upon filing of an application with the local jurisdiction, the applicant shall provide to the local jurisdiction and the Office of State Planning Coordination a written response to comments received as a result of the pre-application process, noting whether comments were incorporated into the project design or not and the reason therefore.
74 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 92. LAND USE PLANNING › Subchapter II. Pre-application Reviews › § 9205. State agency authorities, roles and responsibilities.

§ 9205. State agency authorities, roles and responsibilities.
(a) All state agencies shall participate in the pre-application review process if requested by the Office of State Planning Coordination and shall provide such assistance and advice as requested by the Office of State Planning Coordination.
(b) In special circumstances, the Office of State Planning Coordination may waive the pre-application requirements of this chapter. Where such waiver is granted, the Office of State Planning Coordination shall provide a written explanation of the causes for the waiver to the relevant local jurisdiction and the applicant. These circumstances may include, but are not limited to, local governments that impose a more stringent review of projects enumerated in § 9203(a) of this title than required by this chapter, or for projects which will provide an extraordinary benefit to the State and the local jurisdiction through economic development, job creation, educational opportunities, public services or facilities, agricultural preservation or protection and enhancement of the natural environment.
(c) In order to more effectively coordinate with the local land-use process, the Office of State Planning Coordination shall, through a memorandum of understanding agreed to by both parties, exempt the local jurisdiction from the provisions of this chapter or modify the pre-application review process specified herein when the local jurisdiction has a Certified Comprehensive Plan and imposes a more stringent review of projects enumerated in § 9203(a) of this title than required by this chapter.
(d) The Office of State Planning Coordination shall coordinate, where possible, the other state review processes including but not limited to the transportation agreements specified in Title 9, and other state land use review and permitting processes.
74 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 92. LAND USE PLANNING › Subchapter II. Pre-application Reviews › § 9206. Local jurisdiction authorities, roles and responsibilities.

§ 9206. Local jurisdiction authorities, roles and responsibilities.
(a) Nothing in this subchapter shall be construed to deny local jurisdictions their final decision-making authority over proposed local land use planning actions.
(b) The local jurisdiction shall, in accordance with this chapter, make its final decision and notify the Office of State Planning Coordination of such decision as soon as possible.
74 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 93. UNIFORM RELOCATION ASSISTANCE › § 9303. Replacement housing for homeowners.

§ 9303. Replacement housing for homeowners.
(a) In addition to payments otherwise authorized by this chapter, the displacing agency shall according to established criteria make an additional payment, not in excess of $22,500, to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements:
(1) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling.
(2) The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling.
(3) Reasonable expenses incurred by such displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
(b) The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe and sanitary replacement dwelling within 1 year after the date on which such person receives final payment from the agency for the acquired dwelling or the date on which the obligation of the agency under § 9307 of this title is met, whichever is later, except that the agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within 1 year of such date.
29 Del. C. 1953, §  9103;  58 Del. Laws, c. 413, §  2;  67 Del. Laws, c. 8, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 93. UNIFORM RELOCATION ASSISTANCE › § 9304. Replacement housing for tenants and certain others.

§ 9304. Replacement housing for tenants and certain others.
(a) In addition to amounts otherwise authorized by this chapter, an agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under § 9303 of this title which dwelling was actually and lawfully occupied by such displaced person for not less than 90 days immediately prior to:
(1) The initiation of negotiations for acquisition of such dwelling and has rented or purchased and occupied a decent, safe and sanitary replacement dwelling within 1 year of moving from the displacement dwelling; or
(2) In any case in which displacement is not a direct result of acquisition, such other event as the agency shall prescribe.
Such payment shall be made in accordance with criteria established by the agency not to exceed $5,250 and shall consist of the amount necessary to enable such person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling. At the discretion of the agency, a payment under this subsection may be made in periodic installments.
(b) Any person eligible for a payment under subsection (a) of this section may elect to apply such payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe and sanitary replacement dwelling. Any such person may, at the discretion of the agency, be eligible under this subsection for the maximum payment allowed under subsection (a) of this section, except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling, such payment shall not exceed the payment such person would otherwise have received under § 9303(a) of this title had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of such negotiations.
(c) The full amount of the replacement housing payment for down payment assistance must be applied to the purchase price of the replacement dwelling and related incidental expenses.
29 Del. C. 1953, §  9104;  58 Del. Laws, c. 413, §  2;  67 Del. Laws, c. 8, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 93. UNIFORM RELOCATION ASSISTANCE › § 9305. Maximum federal participation.

§ 9305. Maximum federal participation.
In determining the amounts to be paid under §§ 9302, 9303 and 9304 of this title, the agency shall provide payments which will assure maximum federal participation in federally assisted projects or programs.
29 Del. C. 1953, §  9105;  58 Del. Laws, c. 413, §  2;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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);
2023 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);
2023 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;