2 Del. Admin. Code § 2406-4.0

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

Section 2406-4.0 - Protective Acquisition by Owner

4.1 Depending upon the availability of funding, the Department may consider requests from owners to purchase all or a portion of their property. The Department will consider such requests when there is an anticipated need for the property as part of a planned project and acquiring it prior to final right-of-way plan approval would protect the availability of the property for use by the project.

4.2 Written Request - All requests for a protective acquisition by an owner must be in writing. A request for protective 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

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

4.3.1 Development would increase the ultimate cost of the acquisition to taxpayers; or

4.3.2 Development would limit location alternatives for a project.

2 Del. Admin. Code § 2406-4.0

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