Del. Code tit. 29 § 9301

Current through 2024 Legislative Session Act Chapter 531

Section 9301 - Definitions

As used in this chapter:

(1) The term "agency" means any department, agency or instrumentality of the State or of a political subdivision of the State, any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the State, or states, and any person who has the authority to acquire property by eminent domain under state law.

(2) The term "business" means any lawful activity, except a farm operation, conducted primarily:

a. For the purchase, sale, lease and rental of personal and/or real property, and/or for the manufacture, processing and/or marketing of products, commodities or any other personal property;

b. For the sale of service to the public;

c. By a lawful nonprofit organization; or

d. Solely for the purposes of § 9302 of this title for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of above activities are conducted.

(3) The term "comparable replacement dwelling" means any dwelling that is:

a. Decent, safe and sanitary;

b. Adequate in size to accommodate the occupants;

c. Within the financial means of the displaced person;

d. Functionally equivalent to the displacement dwelling;

e. In an area not subject to unreasonably adverse environmental conditions;

f. In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment;

g. On a site that is typical in size for residential development; and

h. Currently available on the open market to the displaced person.

(4) "Criteria established by the agency" as used in this chapter, shall mean those criteria established and approved pursuant to the relevant provisions of 49 CFR Part 24, as amended.

(5)

a. The term "displaced person" means: any person who moves from real property, or moves personal property from real property:

1. As a direct result of a written notice of intent to acquire, the initiation of negotiations or the acquisition of such real property in whole or in part for a program or project undertaken by an agency; or

2. As a direct result of rehabilitation, demolition or such other displacing activity as the agency may prescribe, under a program or project undertaken by an agency in any case in which the agency determines that such displacement is permanent; and

3. As a direct result of a written notice of intent to acquire, the acquisition, rehabilitation or demolition of, in whole or part, other real property on which the person conducts a business or farm operation, for a program or project undertaken by an agency; however, eligibility for such person under this paragraph applies only for purposes of obtaining moving expenses and relocation assistance advisory services under §§ 9302(a) and (b) and 9306 of this title.

b. The term "displaced person" does not include:

1. A person who has been determined, according to criteria established by the agency, either to be unlawfully occupying the displacement dwelling, to have been evicted for lawful cause prior to the initiation of negotiations for the property, or to have occupied such dwelling for the purpose of obtaining assistance under this chapter;

2. In any case in which the agency acquires property for a program or project, any person (other than a person who was an occupant of such property at the time it was acquired) 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;

3. In any case where such action is of voluntary nature where the agency would not seek to purchase such real property through eminent domain proceedings.

(6) The term "farm operation" means any activity conducted solely or primarily for the production of 1 or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(7) The term "mortgage" means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State, together with the credit instruments, if any, secured thereby.

(8) The term "person" means any individual, family, partnership, corporation or association.

(9) In the event a term in this chapter is undefined, but which term is defined in 49 CFR Part 24, as amended, the definition contained therein shall apply.

29 Del. C. § 9301

29 Del. C. 1953, § 9101; 58 Del. Laws, c. 413, § 2; 67 Del. Laws, c. 8, §1.;