2 Del. Admin. Code § 2406-5.0

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

Section 2406-5.0 - Protective Acquisition Recommended by DelDOT

5.1 Depending upon the availability of funding, in instances where development would increase the eventual cost of property acquisition to taxpayers, or would limit location alternatives for the project, the Department may consider contacting property owners for possible protective acquisitions.

5.2 Recommendation. Prior to contacting owners of potential protective acquisition properties, the Chief Engineer must certify that all or part of the property will be required for a future project which complies with the purpose of this regulation as stated in Section 1.0 of this regulation.

5.3 Criteria. Upon the certification of need 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:

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

5.3.2 Development would limit location alternatives for a project;

5.3.3 The request does not violate the National Environmental Policy Act (NEPA) or other Federal or State Regulations.

2 Del. Admin. Code § 2406-5.0

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