2 Del. Admin. Code § 2406-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 2406-3.0 - Hardship Acquisition

3.1 Depending upon the availability of funding, the Department may consider requests by owners for hardship acquisitions.

3.2 Written Request - The owner of the real property must submit to the Department a written request for a hardship acquisition. A request for hardship acquisition of property shall be submitted to the:

Delaware Department of Transportation

Right-of-Way Section

Chief of Right-of-Way

P. O. Box 778

Dover, DE 19903

3.3 Criteria. Upon receipt of a written request for a hardship acquisition, the Department and its legal counsel shall initiate an internal review process to determine whether the property meets the criteria set forth herein. At a minimum, the request must demonstrate to the Department's satisfaction that:

3.3.1 The property has been marketed for at least six (6) months; and

3.3.2 The realtor, or owner in absence of a realtor, must certify and provide evidence that he or she is unable to sell the property at a reasonable price as a result of the proposed project; and

3.3.3 The owner must be able to document a compelling reason for his or her move from the property, e.g., job transfer, death in the family, retirement plans or for medical reasons.

3.4 If an owner demonstrates to the Department's satisfaction that a hardship acquisition is appropriate, then such proposed acquisition shall be considered in accordance with the procedures set forth in Section 6.0.

2 Del. Admin. Code § 2406-3.0

22 DE Reg. 545 (12/1/2018) (Final)