reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4525. Approval of plan; required findings.

§ 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 displaced from the urban renewal area, in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families;
(2) The urban renewal plan conforms to the general plan of the municipality or community as a whole;
(3) The urban renewal plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plan; and
(4) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality or community as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.
(b) If the urban renewal area consists of an area of open land to be acquired by the municipality or community, such area shall not be so acquired unless:
(1) If it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality or community, that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, and constitute a menace to the public health, safety, morals, or welfare, and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality or community; or
(2) If the area is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action as provided in this chapter, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality or community, by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.
48 Del. Laws, c. 345, §  6;  31 Del. C. 1953, §  4525;  55 Del. Laws, c. 292, §  8;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4526. Modification of plan; notice; objections.

§ 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 any successor or successors who acquired 75% of the land in the project area and whose interest may be affected by the proposed modification.
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 any 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;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4528. Eminent domain.

§ 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 of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner prescribed by Chapter 61 of Title 10. Property already devoted to a public use may be acquired in like manner. No real property belonging to the municipality, the county or the State may be acquired without its consent. When an authority has found and determined by resolution that certain real property described therein is necessary for a redevelopment project or for its purposes under this chapter, the resolution shall be conclusive evidence that the acquisition of such real property is necessary for the purposes described therein.
48 Del. Laws, c. 345, §  8;  31 Del. C. 1953, §  4528;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4529. Acquisition and development of undeveloped vacant land.

§ 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 essential to the proper clearance or redevelopment of slum or blighted areas or a necessary part of the general slum clearance program of the community, the acquisition, planning, preparation for development or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in this chapter. The determination by the governing body shall be in lieu of the declaration required by § 4518 of this title, but shall not be made until the governing body finds that there is a shortage of decent, safe and sanitary housing in the community, that such undeveloped vacant land will be developed for predominantly residential uses, and that the provision of dwelling accommodations on such undeveloped vacant land is necessary to accomplish the relocation, in decent, safe and sanitary housing in the community of families to be displaced from slum or blighted areas which are to be redeveloped. In the undertaking of redevelopment projects on a regional or unified metropolitan basis, involving the acquisition and development of undeveloped vacant land in 1 community as an adjunct to the redevelopment of slum or blighted areas in another community, each determination or finding required in this section shall be made by the governing body of the community with respect to which the determination or finding relates.
48 Del. Laws, c. 345, §  9;  31 Del. C. 1953, §  4529;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4532. Rights of obligees.

§ 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 authority and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of such authority with or for the benefit of such obligee and require the carrying out of any or all such covenants and agreements of such authority and the fulfillment of all duties imposed upon such authority by this chapter;
(2) By suit, action or proceeding in equity, enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of such authority.
48 Del. Laws, c. 345, §  12;  31 Del. C. 1953, §  4532;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4533. Bonds as legal investments.

§ 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 other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, curators, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by an authority pursuant to this chapter or by any public housing or redevelopment authority or commission or agency or any other public body in the United States for redevelopment purposes, when such bonds and other obligations are secured by an agreement between the issuing agency and the federal government in which the issuing agency agrees to borrow from the federal government and the federal government agrees to lend to the issuing agency, prior to the maturity of such bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of interest on such bonds or other obligations) will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which moneys under the terms of such agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity and such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. However, nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
48 Del. Laws, c. 345, §  13;  31 Del. C. 1953, §  4533;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4534. Conveyance to federal government on default.

§ 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 convey to the federal government possession of or title to the redevelopment project and land therein to which such contract relates which is owned by the authority, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the authority is subject, such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey or otherwise deal with the redevelopment project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the redevelopment project have been cured and that the redevelopment project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the redevelopment project as then constituted.
48 Del. Laws, c. 345, §  14;  31 Del. C. 1953, §  4534;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4535. Property of authority exempt from taxes, from levy and sale by virtue of an execution.

§ 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 nor shall judgment against an authority be a charge or lien upon its property. The provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees, grants or revenues.
(b) The property of an authority is declared to be public property used for essential public and governmental purposes and such property and an authority shall be exempt from all taxes of the municipality, the county, the State or any political subdivision thereof. With respect to any property in a redevelopment project, the tax exemption provided in this section shall terminate when the authority sells, leases or otherwise disposes of such property to a redeveloper for redevelopment.
48 Del. Laws, c. 345, §  15;  31 Del. C. 1953, §  4535;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4536. Cooperation by public bodies.

§ 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 consideration, as it determines:
(1) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein to an authority;
(2) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished in connection with a redevelopment project;
(3) Furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways or other places, which it is otherwise empowered to undertake;
(4) Plan or replan, zone or rezone any part of the public body or make exceptions from building regulations and ordinances if such functions are of the character which the public body is otherwise empowered to perform;
(5) Cause administrative and other services to be furnished to the authority of the character which the public body is otherwise empowered to undertake or furnish for the same or other purposes;
(6) Incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section;
(7) Do any and all things necessary or convenient to aid and cooperate in the planning or carrying out of a redevelopment plan;
(8) Lend, grant or contribute funds to an authority;
(9) Employ any funds belonging to or within the control of such public body, including funds derived from the sale or furnishing of property, service, or facilities to an authority, in the purchase of the bonds or other obligations of an authority and, as the holder of such bonds or other obligations, exercise the rights connected therewith; and
(10) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with an authority respecting action to be taken by such public body pursuant to any of the powers granted by this chapter and if at any time title to, or possession of, any redevelopment project is held by any public body or governmental agency, other than the authority, authorized by law to engage in the undertaking, carrying out or administration of redevelopment projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.
(b) Any sale, conveyance, lease or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement or public bidding.
48 Del. Laws, c. 345, §  16;  31 Del. C. 1953, §  4536;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4537. Grant of funds by community.

§ 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 for this purpose, the community may levy taxes and may issue and sell its bonds. Any bonds to be issued by the community pursuant to the provisions of this section shall be issued in the manner and within the limitations prescribed by the laws of this State for the issuance and authorization of bonds by a community for any public purpose.
48 Del. Laws, c. 345, §  17;  31 Del. C. 1953, §  4537;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4538. Cooperation between authorities.

§ 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 areas of operation of any 1 or more of such authorities. When a redevelopment project or projects are planned, undertaken or financed on a regional or unified metropolitan basis, the terms “governing body” and “community” as used in this chapter shall mean the governing bodies of the appropriate communities and the appropriate communities cooperating in the planning, undertaking or financing of such project or projects.
48 Del. Laws, c. 345, §  18;  31 Del. C. 1953, §  4538;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4539. Annual report.

§ 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 order to carry out this chapter.
48 Del. Laws, c. 345, §  19;  31 Del. C. 1953, §  4539;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4540. Title of purchaser.

§ 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, lessees or transferees of such property is concerned.
48 Del. Laws, c. 345, §  20;  31 Del. C. 1953, §  4540;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4541. Preparation of general plan by local governing body.

§ 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 the initiation and carrying out of a redevelopment project under this chapter.
48 Del. Laws, c. 345, §  21;  31 Del. C. 1953, §  4541;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4542. Powers conferred as additional.

§ 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;
2023 Delaware Code › Title 31 - Welfare › Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW › § 4543. Inconsistent provisions.

§ 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;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4702. Legislative findings and purpose.

§ 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 unoccupied properties or properties incapable of lawful occupation. These vacant and abandoned properties represent lost revenue to local governments and significant expenses associated with demolition, safety hazards, increased calls for emergency services, and deterioration of neighborhoods.
(2) The need exists to strengthen and revitalize Delaware's economy and address the associated harms that result from high numbers of vacant and abandoned properties. Solving these problems requires a coordinated effort to foster the development of such property back into productive use and promote economic growth. Such problems may include multiple taxing jurisdictions lacking common policies; ineffective property inspection; code enforcement and property rehabilitation support; lengthy or inadequate collection proceedings; depressed real estate markets; and lack of coordination and resources to support economic revitalization.
(3) There is an overriding public need to confront the problems caused by vacant, abandoned, and delinquent properties through the creation of new tools to be available to communities throughout Delaware enabling them to turn vacant spaces into vibrant places.
(4) Land banks are one of the tools currently utilized by other communities to facilitate the return of vacant, abandoned and delinquent properties to productive use. This chapter enables the creation of land banks in order to return dilapidated and blighted properties to productive use in Delaware.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4703. Definitions.

§ 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 governmental unit” means any political subdivision of the State of Delaware, where such political subdivision has the power to cause the sale of real property located within its respective jurisdiction for the collection of liens inuring to that political subdivision.
(3) “Land bank” means a land bank established under this chapter and in accordance with the provisions of this chapter.
(4) “Large jurisdictional land bank” means a land bank established under this chapter and in accordance with the provisions of this chapter that serves one of the following:
a. An entire county.
b. A foreclosing governmental unit, or a combination of foreclosing governmental units that have formed a single land bank by intergovernmental agreement pursuant to § 4705(b) of this title, that in total covers an area with a population in excess of 30,000 persons.
(5) “Liens” means any lien set forth in § 2901(a)(1) of Title 25.
(6) “Vacancy rate” means the percentage of residential structures that have been uninhabited for 6 months or more within a given jurisdiction.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4704. Applicability of Delaware law.

§ 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 any other provisions of Delaware law, the provisions of this chapter shall prevail.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4705. Creation and existence.

§ 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, ordinance, or resolution creating a land bank, must make a finding that residential structures within its jurisdiction have a vacancy rate at or above 3%. Each county in this State shall have the ability to create a land bank without making such a finding. The local law, ordinance, or resolution creating the land bank shall specify all of the following:
(1) The name of the land bank.
(2) The number of members of the board of directors, which shall consist of an odd number of members, and shall be not less than 7 members. For large jurisdictional land banks, the board of directors shall consist of an odd number of members and shall not be less than 11 members nor more than 15 members.
(3) The names of the initial individuals to serve as members of the board of directors, and the length of terms for which they are to serve.
(4) The qualifications, manner of selection or appointment, and terms of office of members of the board of directors.
(b) Two or more foreclosing governmental units may enter into an intergovernmental cooperation agreement which creates a single land bank to act on behalf of such foreclosing governmental units, which agreement shall be authorized by each of the respective foreclosing governmental units in accordance with subsection (a) of this section. Such intergovernmental agreement shall include provisions for the dissolution of such land bank. In the event that a land bank is created pursuant to an agreement in accordance with this subsection, such agreement shall also specify the matters identified in subsection (a) of this section.
(c) In the event a county creates a land bank, such land bank shall have the power to acquire real property only in those portions of such county located outside of the geographical boundaries of any other land bank created by any other foreclosing governmental unit located partially or entirely within such county.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4707. Staff.

§ 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 of such persons. A land bank may also enter into contracts and agreements with foreclosing governmental units or nonprofit entities designated by the foreclosing governmental unit for staffing services to be provided to the land bank by those foreclosing governmental units, designated nonprofit entities or departments thereof, or for a land bank to provide such staffing services to such foreclosing governmental units, designated nonprofit entities, or departments thereof.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4708. Powers.

§ 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 regulation of its affairs and the conduct of its business.
(2) To sue and be sued in its own name and plead and be interpleaded in all civil actions, including actions to clear title to property of the land bank.
(3) To adopt a seal and to alter the same at pleasure.
(4) To borrow from private lenders, from municipalities, from a county, from the State, or from federal government funds, as may be necessary, for the operation and work of the land bank.
(5) To borrow and issue bonds according to the provisions of this chapter.
(6) To procure insurance or guarantees from municipalities, counties, the State, or the federal government of the payments of any debts or parts thereof incurred by the land bank and to pay premiums in connection therewith.
(7) To enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers, including intergovernmental agreements provided for in § 4705(b) of this title for the joint exercise of powers under this chapter.
(8) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the land bank.
(9) To procure insurance against losses in connection with the real property, assets, or activities of the land bank.
(10) To invest money of the land bank, at the discretion of the board of directors, in instruments, obligations, securities, or property determined proper by the board of directors, and name and use depositories for its money.
(11) To enter into contracts for the acquisition, management, collection of rent, leasing, or sale of real property of the land bank.
(12) To design, develop, construct, demolish, reconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property.
(13) To fix, charge, and collect rents, fees, and charges for the use of real property of the land bank and for services provided by the land bank.
(14) To grant or acquire a license, easement, lease, or option with respect to real property of the land bank.
(15) To enter into partnership, joint ventures, and other collaborative relationships with foreclosing governmental units and other public and private entities for the ownership, management, development, and disposition of real property.
(16) To solicit and accept donations to support the objectives and purposes of the land bank.
(17) To do all other things necessary or convenient to achieve the objectives and purposes of the land bank or other laws that relate to the purposes and responsibility of the land bank.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4709. Acquisition of property.

§ 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 own or hold real property located outside the jurisdictional boundaries of the foreclosing governmental unit or units that created the land bank; provided, however, that a land bank may be granted authority pursuant to an intergovernmental cooperation agreement with another foreclosing governmental unit to manage and maintain real property located within the jurisdiction of such other foreclosing governmental unit.
(c) Notwithstanding any other provision of law to the contrary, any foreclosing governmental unit may convey to a land bank real property and interests in real property on such terms and conditions, form and substance of consideration, and procedures, all as determined by the transferring foreclosing governmental unit in its discretion.
(d) The land bank shall maintain and make available for public review and inspection a complete inventory of all property owned by the land bank. Such inventory shall include:
the location of the parcel; the purchase price, if any, for each parcel; the identity of the transferor to the land bank; and any conditions or restrictions applicable to the property.
(e) The land bank shall hold in its own name all real property acquired by the land bank irrespective of the identity of the transferor of such property.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4711. Maintenance of property.

§ 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 may elect to reduce or waive monetary fines for violations of any housing codes or ordinances if the land bank is diligently pursuing a correction or remedy for such violation.
(c) Where real property held by the land bank is found to be in violation of a housing code or ordinance, the enforcing jurisdiction shall timely notify the land bank and, subject to subsection (b) of this section, proceed in accordance with the applicable county or municipal property code provisions, or any other applicable law.
(d) Any fire or other casualty to real property held by the land bank shall be immediately remediated and adequately secured to prevent against further loss or damage or, in the event of total loss to the property, the lost property shall be demolished.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4713. Expedited quiet title proceedings.

§ 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 quiet title, the land bank shall conduct an examination of title to determine the identity of any and all persons and entities possessing a claim or interest in or to the real property. Service of the complaint to quiet title shall be provided to all such interested parties by all of the following methods:
a. Registered or certified mail to such identity and address as reasonably ascertainable by an inspection of public records.
b. In the case of occupied real property by registered or certified mail, addressed to “Occupant.”
c. By posting a copy of the notice on the real property.
d. By publication in a newspaper of general circulation in the geographic location in which the property is located.
e. Such other methods as the Court may order.
(b) As part of the complaint to quiet title, the land bank shall file an affidavit identifying all parties potentially having an interest in the real property, and the form of notice provided.
(c) If the land bank moves for expedited proceedings the Court shall schedule a hearing on the complaint within 90 days following filing of the complaint, and as to all matters upon which an answer was not filed by an interested party, the Court shall issue its final judgment within 120 days of the filing of the complaint.
(d) Notwithstanding Court of Chancery Rule 19, a land bank shall be authorized to join in a single complaint to quiet title to 1 or more parcels of real property.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4714. Taxing and financing of land bank operations.

§ 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 disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments, and for any other asset and activity lawfully permitted to a land bank under this chapter. A reasonable operating reserve may be established to facilitate operations. However, all revenues received by a land bank in excess of expenses must be utilized to address and remediate blight, for neighborhood conservation, or to improve housing within the foreclosing governmental unit.
(b) The real property held by a land bank, and its income, are exempt from all taxation by the State and by any of its political subdivisions. Dispositions of property into or out of a land bank are exempt from realty transfer taxes.
(c) In creating a land bank, a foreclosing governmental unit may elect to dedicate up to 50% of the real property taxes that would inure to the foreclosing governmental unit following the disposition of real property by the land bank, excluding any amounts allocated to school districts, for remittance to the land bank. Such allocation of property tax revenues shall commence with the first taxable year following the date of disposition of the property by land bank and shall continue for a period of 5 years.
(d) Notwithstanding any law to the contrary, a foreclosing governmental unit creating a land bank may levy or impose such additional taxes, fees, assessments, fines, or penalties as are needed to support the operations of the land bank. Any tax, fee, assessment, fine, or penalty imposed by a foreclosing governmental unit pursuant to this subsection must be reauthorized by the foreclosing governmental unit every 5 years and appropriately adjusted so that the revenues from such tax, fee, assessment, fine, or penalty do not exceed the projected operating costs and expenses of the land bank. Any failure to reauthorize such tax, fee, assessment, fine, or penalty shall be deemed an election by the foreclosing governmental unit to cease imposing or levying such tax, fee, assessment, fine, or penalty at the end of the applicable 5-year period.
(e) The Delaware Auditor of Accounts shall have the authority to audit any land bank created pursuant to this chapter.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4715. Public records and public meetings.

§ 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 and hold a public hearing prior to financing or issuance of bonds.
(c) In addition to any other report required by this chapter, the land bank, through its chair, shall annually deliver a report to the foreclosing governmental unit. Such report shall be presented in the manner required by the governing body or board of the foreclosing governmental unit. The report shall describe in detail the projects undertaken by the land bank during the past year; the financial statements of the land bank during the past year, including a balance sheet and an income statement; and the administrative activities of the land bank during the past year.
(d) A land bank shall be required to maintain a publicly-available website, which shall set forth the inventory required in § 4709(d) of this title.
80 Del. Laws, c. 155, §  1;  81 Del. Laws, c. 79, § 48;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4716. Dissolution of land bank.

§ 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 consideration of a resolution of dissolution shall be given to the foreclosing governmental unit that created the land bank, shall be published in a local newspaper of general circulation, and shall be sent by certified mail to the trustee of any outstanding bonds of the land bank.
(b) The foreclosing governmental unit or units that created the land bank may dissolve the land bank by repeal of the local law, ordinance, resolution, or intergovernmental cooperation agreement that created the land bank under § 4705(a) or (b) of this title. Dissolution shall be effective no sooner than 60 calendar days after such repeal. Prior to dissolution, the land bank shall publish notice of the dissolution in a local newspaper of general circulation, and shall provide notice by certified mail to the trustee of any outstanding bonds of the land bank. In the event that 2 or more foreclosing governmental units created a land bank under § 4705(b) of this title, the withdrawal of 1 or more foreclosing governmental units shall not result in the dissolution of the land bank unless the intergovernmental cooperation agreement entered into under § 4705(b) of this title so provides and there is no foreclosing governmental unit that desires to continue the existence of the land bank.
(c) Upon dissolution of the land bank, all real property, personal property, and other assets of the land bank shall become assets of the foreclosing governmental unit that created the land bank.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4717. Conflicts of interest.

§ 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. No member of the board or employee of a land bank shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by a land bank.
(b) Board members of any land bank shall provide, prior to appointment and annually after appointment, a report identifying all real property interests owned, directly or indirectly, by such board member or such board member's immediate family, within the lank bank jurisdiction. The report shall be submitted to the foreclosing governmental unit and shall be made available to the public upon request.
(c) The board may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for members of the board and land bank employees.
80 Del. Laws, c. 155, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4718. Construction, intent, and scope of chapter.

§ 4718. Construction, intent, and scope of chapter.
This chapter shall be construed liberally to effectuate the legislative intent and purposes and all powers granted by this chapter shall be broadly interpreted to effectuate such intent and purposes. Except as otherwise expressly set forth in this chapter, in the exercise of its powers and duties under this chapter and its powers relating to property held by the land bank, the land bank shall not be subject to restrictions imposed by the charter, ordinances, or resolutions of a foreclosing governmental unit with respect to contracts, procurement, or property disposition.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT › § 4719. Duration and termination.

§ 4719. Duration and termination.
Any land bank created pursuant to this chapter shall have permanent and perpetual duration until terminated and dissolved in accordance with § 4716 of this title and subchapter X, Chapter 1 of Title 8.
80 Del. Laws, c. 155, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 51. Services for Justice-Involved Youth › § 5101. Definitions.

§ 5101. Definitions.
As used in this chapter:
(1) “Commitment” refers to the vesting of legal custody of juveniles in the custody of the Department of Services for Children, Youth and Their Families under the provisions of §§ 5106-5108 of this title.
(2) “Court” means any court of competent jurisdiction.
(3) “Department” means the Department of Services for Children, Youth and Their Families.
(4) “Detention” refers to the holding of a juvenile by the Department in the separate Detention Department provided for in § 5110 of this title.
(5) “Juvenile” means a minor.
(6) “Legal custody” denotes those rights and responsibilities associated with the day to day care of the juveniles. It includes the right to the care, custody and control of the juvenile. It includes the duty to provide food, clothing, shelter, education, ordinary medical care and to train and discipline. “Ordinary medical care” shall mean medical examination, medical treatment including surgical procedures and mental health treatment other than inpatient psychiatric hospitalization.
31 Del. C. 1953, §  5101;  51 Del. Laws, c. 274, §  2;  57 Del. Laws, c. 591, §  49;  64 Del. Laws, c. 108, §  20;  70 Del. Laws, c. 381, §  3;
2023 Delaware Code › Title 31 - Welfare › Chapter 51. Services for Justice-Involved Youth › § 5102. Functions of the Department of Services for Children, Youth and Their Families.

§ 5102. Functions of the Department of Services for Children, Youth and Their Families.
There shall be 1 state agency known as the Department of Services for Children, Youth and Their Families one of whose functions shall be the administration of all state-owned training facilities for the detention, care and treatment, and after-care supervision of juvenile delinquents. These include:
Ferris School for Boys, Kruse School, Woods Haven School for Girls and the Detention Home for Juveniles (Bridge House). In addition, the Department shall foster the expansion of community services directed toward the overall prevention of juvenile delinquency.
31 Del. C. 1953, §  5102;  51 Del. Laws, c. 274, §  2;  52 Del. Laws, c. 80, §  1;  64 Del. Laws, c. 108, §  20;
2023 Delaware Code › Title 31 - Welfare › Chapter 51. Services for Justice-Involved Youth › § 5103. Payment of accounts.

§ 5103. Payment of accounts.
All of the accounts on the Department shall be paid by warrant drawn upon the State Treasurer in accordance with § 6515(b) of Title 29.
31 Del. C. 1953, §  5107;  51 Del. Laws, c. 274, §  2;  54 Del. Laws, c. 148.;
2023 Delaware Code › Title 31 - Welfare › Chapter 51. Services for Justice-Involved Youth › § 5104. Annual report to the Governor and to the General Assembly.

§ 5104. Annual report to the Governor and to the General Assembly.
The Department shall make an annual report to the Governor and to the General Assembly of its activities and operations and shall include its receipts and expenditures and such recommendations as it may deem appropriate in detail as to fully inform the Governor and the General Assembly or such other legally authorized agency of this State.
31 Del. C. 1953, §  5108;  51 Del. Laws, c. 274, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 51. Services for Justice-Involved Youth › § 5105. Misnomer of Department in donation.

§ 5105. Misnomer of Department in donation.
Any misnomer of the Department shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department the estate or interest therein expressed or described.
31 Del. C. 1953, §  5109;  51 Del. Laws, c. 274, §  2;