CHAPTER 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW
§ 4501. Definitions.
As used in this chapter, unless a different meaning is clearly indicated by the contex:
(1) "Area of operation" means in the case of a municipality the area within such municipality and in the case of a county,
the area within the county, except that the area of operation in such case shall not include any area which lies within the
territorial boundaries of a municipality unless a resolution shall have been adopted by the governing body of such municipality
declaring a need therefor; and in the case of a regional authority, shall mean the area within the communities for which such
regional authority is created; provided, however, that a regional authority shall not undertake a redevelopment project within
the territorial boundaries of any municipality or county unless a resolution shall have been adopted by the governing body
of such municipality or county declaring that there is a need for the regional authority to undertake such redevelopment project
within such municipality. No authority shall operate in any area of operation in which another authority already established
is undertaking or carrying out a redevelopment project without the consent, by resolution, of such other authority.
(2) "Authority" or "slum clearance and redevelopment authority" means a public body, corporate and politic, created by or
pursuant to § 4503 of this title or any housing authority or community exercising the powers, rights and duties of a slum
clearance and redevelopment authority pursuant to § 4503 of this title.
(3) "Blighted area" means that portion of a municipality or community which is found and determined to be a social or economic
liability to such municipality or community because of any of the following conditions:
a. The generality of buildings used as dwellings, or the dwelling accommodations therein, are substandard, unsafe, unsanitary,
dilapidated or obsolescent, or possess any of such characteristics, or are so lacking in light, air or space, as to be conducive
to unwholesome living;
b. The discontinuance of the use of any building previously used for commercial, manufacturing, residential or industrial
purposes, the abandonment of a building, or allowing a building to fall into so great a state of disrepair as to render the
building untenantable and detrimental to the appraised market value of surrounding property;
c. Unimproved vacant land, which has remained so for a period of 10 years prior to the date of the public hearing as provided
in § 4524 of this title, and which land by reason of its location, or remoteness from developed sections or portions of such
municipality or community, or lack of means of access to such other parts thereof, topography, or nature of the soil is not
likely to be developed through the instrumentality of private capital;
d. Areas (including slum areas) with buildings or improvements which by reason of dilapidation, obsolescence, deteriorated
or deteriorating structures, overcrowding, faulty arrangement or design in relation to size, adequacy, accessibility or usefulness,
lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, predominance
or defective or inadequate street layout, or any combination of these or other factors are detrimental to the safety, health,
morals, or welfare of the municipality or community;
e. A growing or total lack of proper utilization of areas caused by the condition of the title, diverse ownership of the real
property therein, tax or special assessment delinquency exceeding the fair value of the land, or the existence of conditions
which endanger life or property by fire or other causes and other conditions, resulting in a stagnant and unproductive condition
of land potentially useful and valuable for contributing to and serving the public health, safety and welfare; and
f. Vacant or unimproved lot, parcel of ground or structure in a predominantly built-up-neighborhood, which by reason of neglect
or lack of maintenance:
1. Has become a place for accumulation of trash and debris or a haven for rodents or other vermin;
2. Depreciates assessable and/or fair market value of the surrounding property, as certified by a licensed appraiser;
3. Is a public nuisance, as defined by common law or declaration in accordance with the local housing, building, plumbing,
fire and related codes;
4. Is an attractive nuisance to children, as defined by common law;
5. Has had its utilities, plumbing, heating, sewerage or other facilities disconnected, destroyed, removed from the structure,
or rendered ineffective so that the property is unfit for its intended use;
6. Requires a disproportionate expenditure of public funds for public health and safety, crime prevention, correction, and
prosecution; and
7. Has contributed to a quantified disproportionate exodus of families and businesses from the surrounding neighborhood.
(4) "Bonds" mean any bonds (including refunding bonds), notes, interim certificates, debentures, or other obligations issued
by an authority pursuant to this chapter.
(5) "Clerk" means the clerk or other official of the municipality or county who is the custodian of the official records of
such municipality or county.
(6) "Community" means any municipality or county in this State.
(7) "Conservation" means the preservation of an area or section of a community, and the supervision and care of such area
or section, to prevent the recurrence or spread of slum conditions or conditions of blight.
(8) "Federal government" includes the United States of America or any agency or instrumentality, corporate or otherwise, of
the United States of America.
(9) "General neighborhood renewal plan" means a plan for an area of such size that it will encompass 2 or more projects that
will entail renewal activities which may have to be spread over a period of up to 10 years, and for which programming of the
entire area is desirable in advance of the planning and carrying out of specified projects.
(10) "Governing body" means the city council, town council, commissioners or other legislative body charged with governing
the municipality or Levy Court commissioners or other legislative body charged with governing the county.
(11) "Housing authority" means any public body created by or pursuant to Chapter 43 of this title.
(12) "Mayor" means the mayor of a municipality or the officer or body having the duties customarily imposed upon the executive
head of a municipality.
(13) "Municipality" means any incorporated city or town in this State.
(14) "Obligee" includes any bondholder, agents or trustees for any bondholders, or lessor demising to the authority property
used in connection with a redevelopment project, or any assignee or assignees of such lessor's interest or any part thereof,
and the federal government when it is a party to any contract with the authority.
(15) "Public body" means the State or any municipality, county, township, board, commission, authority, district or any other
subdivision or public body of this State.
(16) "Real property" includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant
thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms
for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
(17) "Redeveloper" means any person, partnership, or public or private corporation or agency which enters or proposes to enter
into a redevelopment contract.
(18) "Redevelopment contract" means a contract entered into between an authority and a redeveloper for the redevelopment of
an area in conformity with a redevelopment plan.
(19) "Redevelopment plan" means a plan other than a preliminary or tentative plan for the acquisition, clearance, reconstruction,
rehabilitation or future use of a redevelopment project area.
(20) "Redevelopment project" means any work or undertaking to:
a. Acquire slum areas or blighted areas or portions thereof, including lands, structures or improvements the acquisition of
which is necessary or incidental to the proper clearance, development or redevelopment of such slum or blighted areas or to
the prevention of the spread or recurrence of slum conditions or conditions of blight;
b. Clear any such areas by demolition or removal of existing buildings, structures, streets, utilities or other improvements
thereon and to install, construct or reconstruct streets, utilities and site improvements essential to the preparation of
sites for uses in accordance with a redevelopment plan;
c. Sell, lease or otherwise make available land in such areas for residential, recreational, commercial, industrial or other
use or for public use or to retain such land for public use, in accordance with a redevelopment plan;
and such term may also include the preparation of a redevelopment plan, the planning, survey and other work incident to a
redevelopment project and the preparation of all plans and arrangements for carrying out a redevelopment project.
(21) "Rehabilitation" means the reconstruction, alteration or repair of improvements, structures and buildings in accordance
with the requirements of the municipality or community in its codes, laws or regulations pertaining to building, fire prevention,
health, housing, and zoning, and also the use of land, and the use and occupancy of buildings and improvements.
(22) "Related activities" means:
a. Planning work for the preparation of a general neighborhood renewal plan, or for the preparation or completion of a communitywide
plan or program pursuant to § 4520 of this title, as amended, and
b. The functions related to the acquisition and disposal of real property pursuant to paragraph (11) of § 4516 of this title,
as amended.
(23) "Slum area" means an area in which there is a predominance of buildings or improvements (or which is predominantly residential
in character), and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation,
light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which
endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.
(24) "Urban renewal area" means a slum area or a blighted area or any combination thereof which the local governing body designates
as appropriate for an urban renewal project.
(25) "Urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan:
a. Shall conform to the general plan for the municipality or community as a whole; and
b. Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment,
improvements, rehabilitation and conservation as may be proposed to be carried out in the urban renewal area, zoning and planning
changes, if any, land uses, maximum densities and building requirements.
The term "urban renewal plan" shall be also construed as including and meaning redevelopment plan wherever the context of
this chapter requires.
(26)a. "Urban renewal project" means undertakings and activities of a municipality or community, in an urban renewal area,
for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance
and redevelopment in an urban renewal area, or rehabilitation in an urban renewal area, or any combination or part thereof
in accordance with an urban renewal plan. Such undertakings and activities may include:
1. Acquisition of a slum area or a blighted area or portion thereof;
2. Clearance of any such areas by demolition or removal of existing buildings, structures, streets, utilities, parks, playgrounds
or other improvements thereon;
3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary
for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal
plan;
4. Disposition of any property acquired in the urban renewal area (including sale, initial leasing or retention by the municipality
or community itself) at its fair value for uses in accordance with the urban renewal plan;
5. Carrying out plans for a program of voluntary or compulsory repair, rehabilitation and conservation of buildings or other
improvements in accordance with the urban renewal plan;
6. Acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or rehabilitated
for dwelling use or related facilities, repair or rehabilitation of the structures and resale of the property;
7. Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or
unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove
or prevent the spread of blight or deterioration, or to provide land for needed public facilities; and
8. Acquisition of slum areas or blighted areas or portions thereof including lands, structures, or improvements, the acquisition
of which is necessary or incidental to the proper clearance, development or redevelopment or to the conservation or rehabilitation
of such slum or blighted area or to the prevention of the spread or recurrence of slum conditions or conditions of blight.
b. "Urban renewal project" shall also be construed as including and meaning redevelopment project wherever the context of
this chapter requires.
48 Del. Laws, c. 345, § 3; 31 Del. C. 1953, § 4501; 55 Del. Laws, c. 292, §§ 1-4; 56 Del. Laws, c. 293, § 12; 74 Del. Laws, c. 395, §§ 1, 2.;
§ 4502. Declaration of necessity.
It is found and declared that there exist in localities throughout the State slum and blighted areas (as defined in § 4501
of this title) which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals
and welfare of the residents of the State; that the existence of such areas contributes substantially and increasingly to
the spread of disease and crime, necessitating excessive and disproportionate expenditures of public funds for the preservation
of the public health and safety, for crime prevention, correction, prosecution, punishment and the treatment of juvenile delinquency
and for the maintenance of adequate police, fire and accident protection and other public services and facilities, constitutes
an economic and social liability, substantially impairs or arrests the sound growth of communities and retards the provision
of housing accommodations; that this menace is beyond remedy and control solely by regulatory process in the exercise of the
police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided
in this chapter; that the elimination of slum conditions or conditions of blight, the acquisition and preparation of land
in or necessary to the development of slum or blighted areas and its sale or lease for development or redevelopment in accordance
with general plans and redevelopment plans of communities and any assistance which may be given by any state public body in
connection therewith are public uses and purposes for which public money may be expended and private property acquired; and
that the necessity in the public interest for the provisions enacted in this chapter is declared as a matter of legislative
determination.
It is found and declared that:
(1) There exists in communities of this State blighted and deteriorated areas which constitute a serious and growing menace,
injurious to the public health, safety, morals and welfare of the residents of the State, and the findings and declarations
made in this section prior to December 27, 1965, are affirmed and restated,
(2) Certain blighted, deteriorated, or deteriorating areas, or portions thereof, may require acquisition and clearance, as
provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation
or rehabilitation, but other areas or portions thereof may, through the means provided in this chapter, be susceptible of
conservation or rehabilitation in such a manner that the conditions and evils enumerated in this section may be eliminated,
remedied or prevented, and to the extent feasible, salvable blighted, deteriorated, or deteriorating areas should be conserved
and rehabilitated through voluntary action and the regulatory process, and
(3) All powers conferred by this chapter, as amended, are for public uses and purposes for which public money may be expended
and such other powers exercised, and the necessity in the public interest for the provisions of this chapter is declared as
a matter of legislative determination.
A municipality or community to the greatest extent it determines to be feasible in carrying out the provisions of this chapter
shall afford maximum opportunity, consistent with the sound needs of the municipality or community as a whole, to the conservation
or rehabilitation or redevelopment of areas by private enterprise.
48 Del. Laws, c. 345, § 2; 31 Del. C. 1953, § 4502; 55 Del. Laws, c. 292, § 7.;
§ 4503. Creation of slum clearance and redevelopment authority.
There is created in each community (as defined in § 4501 of this title) a public body corporate and politic, to be known as
the "slum clearance and redevelopment authority" of the community. Such authority shall not transact any business or exercise
its powers under this chapter until or unless the governing body shall approve (by resolution, as provided in this chapter)
the exercise in such community of the powers, functions and duties of an authority under this chapter. If it deems such action
to be in the public interest, the governing body may, instead of such resolution, adopt a resolution approving the exercise
of such powers, functions and duties by the community itself or by a housing authority, and in such event, the community or
housing authority, as the case may be, shall be vested with all the powers, functions, rights, duties and privileges of a
slum clearance and redevelopment authority under this chapter.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4503.;
§ 4504. Resolutions.
The governing body of a community shall not adopt a resolution pursuant to § 4503 of this title unless it finds that:
(1) One or more slum or blighted areas (as defined in § 4501 of this title) exist in such community; and
(2) The redevelopment of such area or areas is necessary in the interest of the public health, safety, morals or welfare of
the residents of such community.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4504.;
§ 4505. Regional slum clearance and redevelopment authority.
If the governing body of each of 2 or more communities declares, by resolution, that there is a need for 1 slum clearance
and redevelopment authority to be created for all of such communities, and has made the findings required by § 4504 of this
title, a public body, corporate and politic, to be known as a regional slum clearance and redevelopment authority (herein
referred to as regional authority or authority) shall thereupon exist for all of such communities and may exercise the powers
and other functions of an authority under this chapter in such communities.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4505.;
§ 4506. Area of operation of regional authority.
The area of operation of a regional authority shall be increased from time to time to include 1 or more additional communities
if the governing body of each of such additional communities adopts the resolution described in § 4505 of this title and makes
the findings required by § 4504 of this title, and the commissioners of the regional authority consent to the inclusion within
its area of operation of such additional communities.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4506.;
§ 4507. Board of commissioners; number; tenure of office; vacancies.
When the governing body of a municipality adopts a resolution as provided in this chapter, it shall promptly notify the mayor
of such adoption. If the resolution adopted is one approving the exercise of powers hereunder by a slum clearance and redevelopment
authority, the mayor, by and with the advice and consent of the governing body, shall appoint a board of commissioners of
the authority created for such municipality which shall consist of 5 commissioners, and when the governing body of a county
adopts such a resolution, the body shall appoint a board of commissioners of the authority created for such county which shall
consist of 5 commissioners. The commissioners who are first appointed pursuant to this chapter shall be designated to serve
for terms of 1, 2, 3, 4 and 5 years, respectively, from the date of their appointment, but thereafter commissioners shall
be appointed as aforesaid for a term of office of 5 years, except that all vacancies shall be filled for the unexpired term.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4507.;
§ 4508. Appointment of commissioners for each additional community; tenure.
If a regional authority is created as provided in this chapter, 1 person shall be appointed as a commissioner of such authority
for each community for which such authority is created. When the area of operation of a regional authority is increased to
include an additional community or communities as provided in this chapter, 1 additional person shall be appointed as a commissioner
of such authority for each such additional community. Each such commissioner appointed for a municipality shall be appointed
by the mayor thereof, by and with the advice and consent of the governing body, and each such commissioner appointed for a
county shall be appointed by the governing body thereof. The first appointment of commissioners of a regional authority may
be made at or after the time of the adoption of the resolution declaring the need for such authority or declaring the need
for the inclusion of such community in the area of operation of such authority. The commissioners of a regional authority
and their successors shall be appointed as aforesaid for terms of 5 years except that all vacancies shall be filled for the
unexpired terms.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4508.;
§ 4509. Odd and even number of communities; tenure; certificate of appointment as evidence.
If the area of operation of a regional authority consists at any time of an even number of communities, the commissioners
of the regional authority already appointed in the manner described in this chapter shall appoint 1 additional commissioner
whose term of office shall be as provided for a commissioner of a regional authority, except that such term shall end at any
earlier time that the area of operation of the regional authority shall be changed to consist of an odd number of communities.
The commissioners of such authority already appointed in the manner described in this chapter shall likewise appoint each
person to succeed such additional commissioner. The term of office of such person begins during the terms of office of the
commissioners appointing such person. A certificate of the appointment of any such additional commissioner of such regional
authority shall be filed with the other records of the regional authority and shall be conclusive evidence of the due and
proper appointment of such additional commissioner.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4509; 70 Del. Laws, c. 186, § 1.;
§ 4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence.
A commissioner of an authority shall receive no compensation for services, but shall be entitled to the necessary expenses,
including traveling expenses, incurred in the discharge of the commissioner's duties. Each commissioner shall hold office
until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner
shall be filed with the municipal or county clerk, as the case may be, and such certificate shall be conclusive evidence of
the due and proper appointment of such commissioner.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4510; 70 Del. Laws, c. 186, § 1.;
§ 4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner.
The powers under this chapter vested in each slum clearance and redevelopment authority shall be exercised by the board of
commissioners thereof. A majority of the commissioners shall constitute a quorum of such board for the purpose of conducting
business and exercising the powers of the authority and for all other purposes. Action may be taken by the board upon a vote
of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number.
Meetings of the board of an authority may be held anywhere within the perimeter boundaries of the area of operation of the
authority. Any persons may be appointed as commissioners of the authority if they reside within such area and are otherwise
eligible for such appointments under this chapter.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4511.;
§ 4512. Officers; employees; duties and compensation; legal services.
The commissioners of an authority shall elect a chairperson and vice-chairperson from among the commissioners. An authority
may employ an executive director, technical experts and such other officers, agents and employees, permanent and temporary,
as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require,
an authority may, with the approval of the governing body, call upon the chief law officer of the communities within its area
of operation or it may employ its own counsel and legal staff. An authority may delegate to 1 or more of its agents or employees
such powers or duties as it may deem proper.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4512; 70 Del. Laws, c. 186, § 1.;
§ 4513. Removal; hearing; filing of proceedings in office of municipal or county clerk's office.
For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the official
or public body which appointed such commissioner, but a commissioner shall be removed only after a hearing and after the commissioner
shall have been given a copy of the charges at least 10 days prior to such hearing and have had an opportunity to be heard
in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges
and findings thereon, shall be filed in the office of the municipal or county clerk, as the case may be.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4513; 70 Del. Laws, c. 186, § 1.;
§ 4514. Actions or proceedings; proof of adoption of resolutions as evidence.
In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of or bonds issued
by an authority, the authority shall be conclusively deemed to have become established and authorized to transact business
and exercise its powers under this chapter upon proof of the adoption of the appropriate resolution prescribed in § 4503 or
§ 4505 of this title. Each such resolution shall be deemed sufficient if it authorizes the exercise of powers under this chapter
by the authority or other public body and finds in substantially the terms provided in § 4504 of this title (no further detail
being necessary) that the conditions therein enumerated exist. A copy of such resolution duly certified by the municipal or
county clerk, as the case may be, shall be admissible in evidence in any suit, action or proceeding.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4514.;
§ 4515. Interest in contracts; disclosure of interest; violations.
No commissioner or employee of an authority shall voluntarily acquire any interest, direct or indirect, in any redevelopment
project or in any property included or planned by the authority to be included in any such project, or in any contract or
proposed contract in connection with any such project. Where the acquisition is not voluntary, such commissioner or employee
shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes
of the authority. If any commissioner or employee of an authority presently owns or controls or owned or controlled within
the preceding 2 years an interest, direct or indirect, in any property included or planned by the authority to be included
in any redevelopment project, the commissioner or employee immediately shall disclose such interest in writing to the authority
and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee
shall not participate in any action by the authority affecting such property. Any violation of this section shall constitute
misconduct in office.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4515; 70 Del. Laws, c. 186, § 1.;
§ 4516. Powers of an authority.
An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions,
and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter,
including the following powers in addition to others granted in this chapter:
(1) To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute
contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from
time to time amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry out the provisions
of this chapter;
(2) To prepare or cause to be prepared and recommend redevelopment plans to the governing body of the community or communities
within its area of operation and to undertake and carry out redevelopment projects within its area of operation;
(3) To arrange or contract for the furnishing or repair, by any person or agency, public or private, of services, privileges,
works, streets, roads, public utilities or other facilities for or in connection with a redevelopment project; and (notwithstanding
anything to the contrary contained in this chapter or any other provision of law), to agree to any conditions that it may
deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the
determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a
redevelopment project, and to include in any contract let in connection with such a project, provisions to fulfill such of
said conditions as it may deem reasonable and appropriate;
(4) Within its area of operation, to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, eminent
domain or otherwise, any real or personal property or any interest therein, together with any improvements thereon, necessary
or incidental to a redevelopment project; to hold, improve, clear or prepare for redevelopment any such property; to sell,
lease, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge, hypothecate or otherwise encumber
or dispose of any real or personal property or any interest therein; to enter into contracts with redevelopers of property
containing covenants, restrictions and conditions regarding the use of such property for residential, commercial, industrial,
recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions
and conditions as the authority may deem necessary to a recurrence of slum or blighted areas or to effectuate the purposes
of this chapter; to make any of the covenants, restrictions or conditions of the foregoing contracts covenants running with
the land, and to provide appropriate remedies for any breach of any such covenants or conditions, including the right in the
authority to terminate such contracts and any interest in the property created pursuant thereto; to borrow money and issue
bonds and provide security for loans or bonds; to insure or provide for the insurance of any real or personal property or
operation of the authority against any risks or hazards, including the power to pay premiums on any such insurance; and to
enter into any contracts necessary to effectuate the purposes of this chapter. No statutory provision with respect to the
acquisition, clearance or disposition of property by other public bodies shall restrict an authority or other public body
exercising powers hereunder, in such functions, unless the General Assembly shall specifically so state;
(5) Within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections,
surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from a court of competent jurisdiction
in the event entry is denied or resisted;
(6) To invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, in property
or securities in which savings banks may legally invest funds subject to their control; to redeem its bonds at the redemption
price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be
cancelled;
(7) To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance
from the federal government, the State, county, municipality or other public body or from any sources, public or private,
for the purposes of this chapter, to give such security as may be required and to enter into and carry out contracts in connection
therewith; an authority, notwithstanding the provisions of any other law, may include in any contract for financial assistance
with the federal government for a redevelopment project such conditions imposed pursuant to federal law as the authority may
deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter;
(8) Acting through 1 or more commissioners or other persons designated by the authority, to conduct examinations and investigations
and to hear testimony and take proof under oath at public or private hearings on any matter material for its information;
to administer oaths, and to issue commissions for the examination of witnesses who are outside of the State or unable to attend
before the authority, or excused from attendance; to make available to appropriate agencies or public officials (including
those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe
or insanitary structures or eliminating slums or conditions of blight within its area of operation) its findings and recommendations
with regard to any building or property where conditions exist which are dangerous to the public health, safety, morals or
welfare;
(9) Within its area of operation, to make or have made all surveys, appraisals, studies and plans (but not including the preparation
of a general plan for the community) necessary to the carrying out of the purposes of this chapter and to contract or cooperate
with any and all persons or agencies, public or private, in the making and carrying out of such surveys, appraisals, studies
and plans;
(10) To prepare plans and provide reasonable assistance for the relocation of families displaced from a redevelopment project
area to permit the carrying out of the redevelopment project, to the extent essential for acquiring possession of and clearing
such area or parts thereof;
(11) With the approval of the local government body:
a. Prior to approval of an urban renewal plan, or by approval of any modification of the plan, to acquire real property in
an urban renewal area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition,
or removal, including any administrative or relocation expenses; and
b. To assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this paragraph
in the event that the real property is not made part of the urban renewal project;
(12) Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes
of this chapter, as amended, and to contract with any person, public or private, in making and carrying out such plans and
to adopt or approve, modify and amend such plans, which plans may include, but are not limited to:
a. Plans for carrying out a program of voluntary or cumpulsory repair and rehabilitation of buildings and improvements,
b. Plans for the enforcement of state and local laws, codes and regulations relating to the use of land and the use and occupancy
of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements,
and
c. Appraisals, title searches, surveys, studies and other plans and work necessary to prepare for the undertaking of urban
renewal projects and related activities; and to develop, test and report methods and techniques, and carry out demonstrations
and activities for the prevention and the elimination of slums and urban blight, and to apply for, accept and utilize grants
of funds from the federal government for such purposes;
(13) To engage in rehabilitation and conservation activities as defined in § 4501 of this title, as amended;
(14) To make such expenditures as may be necessary to carry out the purposes of this chapter; and to make expenditures from
funds obtained from the federal government without regard to any other laws pertaining to the making and approval of appropriations
and expenditures;
(15) To exercise all or any part or combination of powers herein granted.
48 Del. Laws, c. 345, § 5; 31 Del. C. 1953, § 4516; 55 Del. Laws, c. 292, § 6.;
§ 4517. Approval of redevelopment plans.
An authority shall not acquire real property for a redevelopment project unless the governing body of the community in which
the redevelopment project area is located has approved the redevelopment plan, as prescribed in § 4525 of this title.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4517.;
§ 4518. Finding of necessity by local governing body.
An authority shall not exercise the authority conferred upon municipalities or communities by this chapter until after the
local governing body shall have adopted a resolution finding that:
(1) One or more slum or blighted areas shall exist in such municipality or community; and
(2) The rehabilitation, conservation, redevelopment or a combination thereof, of such area or areas is necessary in the interest
of the public health, safety, morals or welfare of the residents of such municipality or community.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4518; 55 Del. Laws, c. 292, § 5.;
§ 4519. General plan prior to recommendation of redevelopment plan.
An authority shall not recommend a redevelopment plan to the governing body of the community in which the redevelopment project
area is located until a general plan for the development of the community has been prepared.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4519.;
§ 4520. Preparation of redevelopment plan; contents.
(a) The authority may itself prepare or cause to be prepared a redevelopment plan or any person or agency, public or private,
may submit such a plan to an authority. A redevelopment plan shall be sufficiently complete to indicate its relationship to
definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational
and community facilities and other public improvements and the proposed land uses and building requirements in the redevelopment
project area and shall include without being limited to:
(1) The boundaries of the redevelopment project area, with a map showing the existing uses and condition of the real property
therein;
(2) A land use plan showing proposed uses of the area;
(3) Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment;
(4) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building
codes and ordinances;
(5) A site plan of the area; and
(6) A statement as to the kind and number of additional public facilities or utilities which will be required to support the
new land uses in the area after redevelopment.
(b) The authority, or any public body authorized to perform planning work, may prepare a general neighborhood renewal plan
for urban renewal areas which may be of such scope that urban renewal activities may have to be carried out in stages over
an estimated period of up to 10 years. Such plan may include, but is not limited to, a preliminary plan which (1) outlines
the urban renewal activities proposed for the area involved, (2) provides a framework for the preparation of urban renewal
plans, and (3) indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation
and improvement of property and portions of the area contemplated for clearance and redevelopment. A general neighborhood
renewal plan shall, in the determination of the local governing body, conform to the general plan of the locality as a whole
and to the workable program of the municipality.
(c) The authority, or any public body authorized to perform planning work, may prepare or complete a communitywide plan or
program for urban renewal which shall conform to the general plan for the development of the municipality or community as
a whole and may include, but shall not be limited to, identification of slum or blighted areas, measurement of blight, determination
of resources needed and available to renew such areas, identification of potential project areas and types of action contemplated
and scheduling of urban renewal activities.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4520; 55 Del. Laws, c. 292, § 9.;
§ 4521. Submission of plan for review and recommendations.
Prior to recommending a redevelopment plan to the governing body for approval, an authority shall submit such plan to the
planning commission of the community in which the redevelopment project area is located for review and recommendations as
to its conformity with the general plan for the development of the community as a whole. The planning commission shall submit
its written recommendations with respect to the proposed redevelopment plan to the authority within 30 days after receipt
of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received
within the 30 days, then without such recommendations, an authority may recommend the redevelopment plan to the governing
body of the community for approval.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4521.;
§ 4522. Considerations prior to recommendation of plan.
Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed
land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing,
in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs
which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and
the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate
provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for
light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation,
water, sewerage and other public utilities, schools, parks, recreational and community facilities and other public requirements,
the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence
of insanitary or unsafe dwelling accommodations, slums, or conditions of blight and the provision of adequate, safe and sanitary
dwelling accommodations. (48 Del. Laws. c. 345, § 6; 31 Del. C. 1953, § 4522.)
§ 4523. Statement of proposed costs; revenue, finances and relocation of displaced families.
The recommendation of a redevelopment plan by an authority to the governing body shall be accompanied by the recommendations,
if any, of the planning commission concerning the redevelopment plan, a statement of the proposed method and estimated cost
of the acquisition and preparation for redevelopment of the redevelopment project area and the estimated proceeds or revenues
from its disposal to redevelopers, a statement of the proposed method of financing the redevelopment project and a statement
of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4523.;
§ 4524. Public hearing; notice; publication.
The governing body of the community shall hold a public hearing on any redevelopment plan or substantial modification thereof
recommended by the authority, after reasonable public notice thereof by publication at least once a week for 2 consecutive
weeks in a newspaper of general circulation in the community, the time of the hearing to be at least 10 days from the last
publication. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify
the area to be redeveloped under the plan. All interested parties shall be afforded at such public hearing a reasonable opportunity
to express their views respecting the proposed redevelopment plan.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4524.;
§ 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.;
§ 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 his or her successor or their 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 his or her 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.;
§ 4527. Disposal of property in redevelopment project.
(a) An authority may sell, lease, exchange or otherwise transfer real property or any interest therein in a redevelopment
project area to any redeveloper for residential, recreational, commercial, industrial or other uses or for public use in accordance
with the redevelopment plan, subject to such covenants, conditions and restrictions as it may deem to be in the public interest
or to carry out the purposes of this chapter. Such sale, lease, exchange or other transfer, and any agreement relating thereto,
may be made only after, or subject to, the approval of the redevelopment plan by the governing body of the community. Such
real property shall be sold, leased or transferred at its fair value for uses in accordance with the redevelopment plan, notwithstanding
such value may be less than the cost of acquiring and preparing such property for redevelopment. In determining the fair value
of real property for uses in accordance with the redevelopment plan, an authority shall take into account and give consideration
to the uses and purposes required by such plan, the restrictions upon, and the covenants, conditions and obligations assumed
by the redeveloper of, such property, the objectives of the redevelopment plan for the prevention of the recurrence of slum
or blighted areas and such other matters as the authority shall specify as being appropriate. In fixing rentals and selling
prices, an authority shall give consideration to appraisals of the property for such uses made by land experts employed by
the authority.
(b) An authority shall, by public notice by publication once each week for 2 consecutive weeks in a newspaper having a general
circulation in the community, prior to the consideration of any redevelopment contract proposal, invite proposals from, and
make available all pertinent information to private redevelopers or any persons interested in undertaking the redevelopment
of an area, or any part thereof, which the governing body has declared to be in need of redevelopment. Such notice shall identify
the area and shall state that such further information as is available may be obtained at the office of the authority. The
authority shall consider all redevelopment proposals and the financial and legal ability of the prospective redevelopers to
carry out their proposals and may negotiate with any redevelopers for proposals for the purchase or lease of any real property
in the redevelopment project area. The authority may accept such redevelopment contract proposal as it deems to be in the
public interest and in furtherance of the purposes of this chapter; provided, that the authority has, not less than 30 days
prior thereto, notified the governing body in writing of its intention to accept such redevelopment contract proposal. Thereafter,
the authority may execute such redevelopment contract in accordance with the provisions of subsection (a) of this section
and deliver deeds, leases and other instruments and take all steps necessary to effectuate such redevelopment contract. At
its discretion, the authority may, without regard to the foregoing provisions of this paragraph, dispose of real property
in a redevelopment project area to private redevelopers for redevelopment under such reasonable competitive bidding procedures
as it shall prescribe, subject to the provisions of subsection (a) of this section. Further the authority may, at its discretion,
dispose of real property in a redevelopment project area to public, quasi-public, charitable and religious corporations by
negotiation without resorting to the provisions of this subsection.
(c) An authority may temporarily operate and maintain real property in a redevelopment project area pending the disposition
of the property for redevelopment without regard to the provisions of subsections (a) and (b) of this section, for such uses
and purposes as may be deemed desirable even though not in conformity with the redevelopment plan.
48 Del. Laws, c. 345, § 7; 31 Del. C. 1953, § 4527; 57 Del. Laws, c. 564, § 1.;
§ 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.;
§ 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.;
§ 4530. Issuance of bonds.
(a) An authority may issue bonds from time to time at its discretion for any of its corporate purposes including the payment
of principal and interest upon any advances for surveys and plans for redevelopment projects. An authority may also issue
refunding bonds for the purpose of paying or retiring or in exchange for bonds previously issued by it. An authority may issue
such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal
and interest are payable:
(1) Exclusively from the income, proceeds and revenues of the redevelopment project financed with the proceeds of such bonds;
or
(2) Exclusively from the income, proceeds and revenues of any of its redevelopment projects whether or not they are financed
in whole or in part with the proceeds of such bonds.
Any such bonds may be additionally secured by a pledge of any loan, grant or contributions, or parts thereof, from the federal
government or other source, or a mortgage on any redevelopment project or projects of the authority.
(b) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by
reason of the issuance thereof. The bonds and other obligations of the authority (and such bonds and obligations shall so
state on their face) shall not be a debt of the municipality, the county or the State, nor in any event shall such bonds or
obligations be payable out of any funds or properties other than those of such authority acquired for the purposes of this
chapter. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation
or restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be
public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from all taxes.
(c) Bonds of an authority shall be authorized by its resolution and may be issued in 1 or more series and shall bear such
date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding
6% per annum, be in
CHAPTER 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW
§ 4501. Definitions.
As used in this chapter, unless a different meaning is clearly indicated by the contex:
(1) "Area of operation" means in the case of a municipality the area within such municipality and in the case of a county,
the area within the county, except that the area of operation in such case shall not include any area which lies within the
territorial boundaries of a municipality unless a resolution shall have been adopted by the governing body of such municipality
declaring a need therefor; and in the case of a regional authority, shall mean the area within the communities for which such
regional authority is created; provided, however, that a regional authority shall not undertake a redevelopment project within
the territorial boundaries of any municipality or county unless a resolution shall have been adopted by the governing body
of such municipality or county declaring that there is a need for the regional authority to undertake such redevelopment project
within such municipality. No authority shall operate in any area of operation in which another authority already established
is undertaking or carrying out a redevelopment project without the consent, by resolution, of such other authority.
(2) "Authority" or "slum clearance and redevelopment authority" means a public body, corporate and politic, created by or
pursuant to § 4503 of this title or any housing authority or community exercising the powers, rights and duties of a slum
clearance and redevelopment authority pursuant to § 4503 of this title.
(3) "Blighted area" means that portion of a municipality or community which is found and determined to be a social or economic
liability to such municipality or community because of any of the following conditions:
a. The generality of buildings used as dwellings, or the dwelling accommodations therein, are substandard, unsafe, unsanitary,
dilapidated or obsolescent, or possess any of such characteristics, or are so lacking in light, air or space, as to be conducive
to unwholesome living;
b. The discontinuance of the use of any building previously used for commercial, manufacturing, residential or industrial
purposes, the abandonment of a building, or allowing a building to fall into so great a state of disrepair as to render the
building untenantable and detrimental to the appraised market value of surrounding property;
c. Unimproved vacant land, which has remained so for a period of 10 years prior to the date of the public hearing as provided
in § 4524 of this title, and which land by reason of its location, or remoteness from developed sections or portions of such
municipality or community, or lack of means of access to such other parts thereof, topography, or nature of the soil is not
likely to be developed through the instrumentality of private capital;
d. Areas (including slum areas) with buildings or improvements which by reason of dilapidation, obsolescence, deteriorated
or deteriorating structures, overcrowding, faulty arrangement or design in relation to size, adequacy, accessibility or usefulness,
lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, predominance
or defective or inadequate street layout, or any combination of these or other factors are detrimental to the safety, health,
morals, or welfare of the municipality or community;
e. A growing or total lack of proper utilization of areas caused by the condition of the title, diverse ownership of the real
property therein, tax or special assessment delinquency exceeding the fair value of the land, or the existence of conditions
which endanger life or property by fire or other causes and other conditions, resulting in a stagnant and unproductive condition
of land potentially useful and valuable for contributing to and serving the public health, safety and welfare; and
f. Vacant or unimproved lot, parcel of ground or structure in a predominantly built-up-neighborhood, which by reason of neglect
or lack of maintenance:
1. Has become a place for accumulation of trash and debris or a haven for rodents or other vermin;
2. Depreciates assessable and/or fair market value of the surrounding property, as certified by a licensed appraiser;
3. Is a public nuisance, as defined by common law or declaration in accordance with the local housing, building, plumbing,
fire and related codes;
4. Is an attractive nuisance to children, as defined by common law;
5. Has had its utilities, plumbing, heating, sewerage or other facilities disconnected, destroyed, removed from the structure,
or rendered ineffective so that the property is unfit for its intended use;
6. Requires a disproportionate expenditure of public funds for public health and safety, crime prevention, correction, and
prosecution; and
7. Has contributed to a quantified disproportionate exodus of families and businesses from the surrounding neighborhood.
(4) "Bonds" mean any bonds (including refunding bonds), notes, interim certificates, debentures, or other obligations issued
by an authority pursuant to this chapter.
(5) "Clerk" means the clerk or other official of the municipality or county who is the custodian of the official records of
such municipality or county.
(6) "Community" means any municipality or county in this State.
(7) "Conservation" means the preservation of an area or section of a community, and the supervision and care of such area
or section, to prevent the recurrence or spread of slum conditions or conditions of blight.
(8) "Federal government" includes the United States of America or any agency or instrumentality, corporate or otherwise, of
the United States of America.
(9) "General neighborhood renewal plan" means a plan for an area of such size that it will encompass 2 or more projects that
will entail renewal activities which may have to be spread over a period of up to 10 years, and for which programming of the
entire area is desirable in advance of the planning and carrying out of specified projects.
(10) "Governing body" means the city council, town council, commissioners or other legislative body charged with governing
the municipality or Levy Court commissioners or other legislative body charged with governing the county.
(11) "Housing authority" means any public body created by or pursuant to Chapter 43 of this title.
(12) "Mayor" means the mayor of a municipality or the officer or body having the duties customarily imposed upon the executive
head of a municipality.
(13) "Municipality" means any incorporated city or town in this State.
(14) "Obligee" includes any bondholder, agents or trustees for any bondholders, or lessor demising to the authority property
used in connection with a redevelopment project, or any assignee or assignees of such lessor's interest or any part thereof,
and the federal government when it is a party to any contract with the authority.
(15) "Public body" means the State or any municipality, county, township, board, commission, authority, district or any other
subdivision or public body of this State.
(16) "Real property" includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant
thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms
for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
(17) "Redeveloper" means any person, partnership, or public or private corporation or agency which enters or proposes to enter
into a redevelopment contract.
(18) "Redevelopment contract" means a contract entered into between an authority and a redeveloper for the redevelopment of
an area in conformity with a redevelopment plan.
(19) "Redevelopment plan" means a plan other than a preliminary or tentative plan for the acquisition, clearance, reconstruction,
rehabilitation or future use of a redevelopment project area.
(20) "Redevelopment project" means any work or undertaking to:
a. Acquire slum areas or blighted areas or portions thereof, including lands, structures or improvements the acquisition of
which is necessary or incidental to the proper clearance, development or redevelopment of such slum or blighted areas or to
the prevention of the spread or recurrence of slum conditions or conditions of blight;
b. Clear any such areas by demolition or removal of existing buildings, structures, streets, utilities or other improvements
thereon and to install, construct or reconstruct streets, utilities and site improvements essential to the preparation of
sites for uses in accordance with a redevelopment plan;
c. Sell, lease or otherwise make available land in such areas for residential, recreational, commercial, industrial or other
use or for public use or to retain such land for public use, in accordance with a redevelopment plan;
and such term may also include the preparation of a redevelopment plan, the planning, survey and other work incident to a
redevelopment project and the preparation of all plans and arrangements for carrying out a redevelopment project.
(21) "Rehabilitation" means the reconstruction, alteration or repair of improvements, structures and buildings in accordance
with the requirements of the municipality or community in its codes, laws or regulations pertaining to building, fire prevention,
health, housing, and zoning, and also the use of land, and the use and occupancy of buildings and improvements.
(22) "Related activities" means:
a. Planning work for the preparation of a general neighborhood renewal plan, or for the preparation or completion of a communitywide
plan or program pursuant to § 4520 of this title, as amended, and
b. The functions related to the acquisition and disposal of real property pursuant to paragraph (11) of § 4516 of this title,
as amended.
(23) "Slum area" means an area in which there is a predominance of buildings or improvements (or which is predominantly residential
in character), and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation,
light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which
endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.
(24) "Urban renewal area" means a slum area or a blighted area or any combination thereof which the local governing body designates
as appropriate for an urban renewal project.
(25) "Urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan:
a. Shall conform to the general plan for the municipality or community as a whole; and
b. Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment,
improvements, rehabilitation and conservation as may be proposed to be carried out in the urban renewal area, zoning and planning
changes, if any, land uses, maximum densities and building requirements.
The term "urban renewal plan" shall be also construed as including and meaning redevelopment plan wherever the context of
this chapter requires.
(26)a. "Urban renewal project" means undertakings and activities of a municipality or community, in an urban renewal area,
for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance
and redevelopment in an urban renewal area, or rehabilitation in an urban renewal area, or any combination or part thereof
in accordance with an urban renewal plan. Such undertakings and activities may include:
1. Acquisition of a slum area or a blighted area or portion thereof;
2. Clearance of any such areas by demolition or removal of existing buildings, structures, streets, utilities, parks, playgrounds
or other improvements thereon;
3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary
for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal
plan;
4. Disposition of any property acquired in the urban renewal area (including sale, initial leasing or retention by the municipality
or community itself) at its fair value for uses in accordance with the urban renewal plan;
5. Carrying out plans for a program of voluntary or compulsory repair, rehabilitation and conservation of buildings or other
improvements in accordance with the urban renewal plan;
6. Acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or rehabilitated
for dwelling use or related facilities, repair or rehabilitation of the structures and resale of the property;
7. Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or
unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove
or prevent the spread of blight or deterioration, or to provide land for needed public facilities; and
8. Acquisition of slum areas or blighted areas or portions thereof including lands, structures, or improvements, the acquisition
of which is necessary or incidental to the proper clearance, development or redevelopment or to the conservation or rehabilitation
of such slum or blighted area or to the prevention of the spread or recurrence of slum conditions or conditions of blight.
b. "Urban renewal project" shall also be construed as including and meaning redevelopment project wherever the context of
this chapter requires.
48 Del. Laws, c. 345, § 3; 31 Del. C. 1953, § 4501; 55 Del. Laws, c. 292, §§ 1-4; 56 Del. Laws, c. 293, § 12; 74 Del. Laws, c. 395, §§ 1, 2.;
§ 4502. Declaration of necessity.
It is found and declared that there exist in localities throughout the State slum and blighted areas (as defined in § 4501
of this title) which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals
and welfare of the residents of the State; that the existence of such areas contributes substantially and increasingly to
the spread of disease and crime, necessitating excessive and disproportionate expenditures of public funds for the preservation
of the public health and safety, for crime prevention, correction, prosecution, punishment and the treatment of juvenile delinquency
and for the maintenance of adequate police, fire and accident protection and other public services and facilities, constitutes
an economic and social liability, substantially impairs or arrests the sound growth of communities and retards the provision
of housing accommodations; that this menace is beyond remedy and control solely by regulatory process in the exercise of the
police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided
in this chapter; that the elimination of slum conditions or conditions of blight, the acquisition and preparation of land
in or necessary to the development of slum or blighted areas and its sale or lease for development or redevelopment in accordance
with general plans and redevelopment plans of communities and any assistance which may be given by any state public body in
connection therewith are public uses and purposes for which public money may be expended and private property acquired; and
that the necessity in the public interest for the provisions enacted in this chapter is declared as a matter of legislative
determination.
It is found and declared that:
(1) There exists in communities of this State blighted and deteriorated areas which constitute a serious and growing menace,
injurious to the public health, safety, morals and welfare of the residents of the State, and the findings and declarations
made in this section prior to December 27, 1965, are affirmed and restated,
(2) Certain blighted, deteriorated, or deteriorating areas, or portions thereof, may require acquisition and clearance, as
provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation
or rehabilitation, but other areas or portions thereof may, through the means provided in this chapter, be susceptible of
conservation or rehabilitation in such a manner that the conditions and evils enumerated in this section may be eliminated,
remedied or prevented, and to the extent feasible, salvable blighted, deteriorated, or deteriorating areas should be conserved
and rehabilitated through voluntary action and the regulatory process, and
(3) All powers conferred by this chapter, as amended, are for public uses and purposes for which public money may be expended
and such other powers exercised, and the necessity in the public interest for the provisions of this chapter is declared as
a matter of legislative determination.
A municipality or community to the greatest extent it determines to be feasible in carrying out the provisions of this chapter
shall afford maximum opportunity, consistent with the sound needs of the municipality or community as a whole, to the conservation
or rehabilitation or redevelopment of areas by private enterprise.
48 Del. Laws, c. 345, § 2; 31 Del. C. 1953, § 4502; 55 Del. Laws, c. 292, § 7.;
§ 4503. Creation of slum clearance and redevelopment authority.
There is created in each community (as defined in § 4501 of this title) a public body corporate and politic, to be known as
the "slum clearance and redevelopment authority" of the community. Such authority shall not transact any business or exercise
its powers under this chapter until or unless the governing body shall approve (by resolution, as provided in this chapter)
the exercise in such community of the powers, functions and duties of an authority under this chapter. If it deems such action
to be in the public interest, the governing body may, instead of such resolution, adopt a resolution approving the exercise
of such powers, functions and duties by the community itself or by a housing authority, and in such event, the community or
housing authority, as the case may be, shall be vested with all the powers, functions, rights, duties and privileges of a
slum clearance and redevelopment authority under this chapter.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4503.;
§ 4504. Resolutions.
The governing body of a community shall not adopt a resolution pursuant to § 4503 of this title unless it finds that:
(1) One or more slum or blighted areas (as defined in § 4501 of this title) exist in such community; and
(2) The redevelopment of such area or areas is necessary in the interest of the public health, safety, morals or welfare of
the residents of such community.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4504.;
§ 4505. Regional slum clearance and redevelopment authority.
If the governing body of each of 2 or more communities declares, by resolution, that there is a need for 1 slum clearance
and redevelopment authority to be created for all of such communities, and has made the findings required by § 4504 of this
title, a public body, corporate and politic, to be known as a regional slum clearance and redevelopment authority (herein
referred to as regional authority or authority) shall thereupon exist for all of such communities and may exercise the powers
and other functions of an authority under this chapter in such communities.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4505.;
§ 4506. Area of operation of regional authority.
The area of operation of a regional authority shall be increased from time to time to include 1 or more additional communities
if the governing body of each of such additional communities adopts the resolution described in § 4505 of this title and makes
the findings required by § 4504 of this title, and the commissioners of the regional authority consent to the inclusion within
its area of operation of such additional communities.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4506.;
§ 4507. Board of commissioners; number; tenure of office; vacancies.
When the governing body of a municipality adopts a resolution as provided in this chapter, it shall promptly notify the mayor
of such adoption. If the resolution adopted is one approving the exercise of powers hereunder by a slum clearance and redevelopment
authority, the mayor, by and with the advice and consent of the governing body, shall appoint a board of commissioners of
the authority created for such municipality which shall consist of 5 commissioners, and when the governing body of a county
adopts such a resolution, the body shall appoint a board of commissioners of the authority created for such county which shall
consist of 5 commissioners. The commissioners who are first appointed pursuant to this chapter shall be designated to serve
for terms of 1, 2, 3, 4 and 5 years, respectively, from the date of their appointment, but thereafter commissioners shall
be appointed as aforesaid for a term of office of 5 years, except that all vacancies shall be filled for the unexpired term.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4507.;
§ 4508. Appointment of commissioners for each additional community; tenure.
If a regional authority is created as provided in this chapter, 1 person shall be appointed as a commissioner of such authority
for each community for which such authority is created. When the area of operation of a regional authority is increased to
include an additional community or communities as provided in this chapter, 1 additional person shall be appointed as a commissioner
of such authority for each such additional community. Each such commissioner appointed for a municipality shall be appointed
by the mayor thereof, by and with the advice and consent of the governing body, and each such commissioner appointed for a
county shall be appointed by the governing body thereof. The first appointment of commissioners of a regional authority may
be made at or after the time of the adoption of the resolution declaring the need for such authority or declaring the need
for the inclusion of such community in the area of operation of such authority. The commissioners of a regional authority
and their successors shall be appointed as aforesaid for terms of 5 years except that all vacancies shall be filled for the
unexpired terms.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4508.;
§ 4509. Odd and even number of communities; tenure; certificate of appointment as evidence.
If the area of operation of a regional authority consists at any time of an even number of communities, the commissioners
of the regional authority already appointed in the manner described in this chapter shall appoint 1 additional commissioner
whose term of office shall be as provided for a commissioner of a regional authority, except that such term shall end at any
earlier time that the area of operation of the regional authority shall be changed to consist of an odd number of communities.
The commissioners of such authority already appointed in the manner described in this chapter shall likewise appoint each
person to succeed such additional commissioner. The term of office of such person begins during the terms of office of the
commissioners appointing such person. A certificate of the appointment of any such additional commissioner of such regional
authority shall be filed with the other records of the regional authority and shall be conclusive evidence of the due and
proper appointment of such additional commissioner.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4509; 70 Del. Laws, c. 186, § 1.;
§ 4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence.
A commissioner of an authority shall receive no compensation for services, but shall be entitled to the necessary expenses,
including traveling expenses, incurred in the discharge of the commissioner's duties. Each commissioner shall hold office
until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner
shall be filed with the municipal or county clerk, as the case may be, and such certificate shall be conclusive evidence of
the due and proper appointment of such commissioner.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4510; 70 Del. Laws, c. 186, § 1.;
§ 4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner.
The powers under this chapter vested in each slum clearance and redevelopment authority shall be exercised by the board of
commissioners thereof. A majority of the commissioners shall constitute a quorum of such board for the purpose of conducting
business and exercising the powers of the authority and for all other purposes. Action may be taken by the board upon a vote
of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number.
Meetings of the board of an authority may be held anywhere within the perimeter boundaries of the area of operation of the
authority. Any persons may be appointed as commissioners of the authority if they reside within such area and are otherwise
eligible for such appointments under this chapter.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4511.;
§ 4512. Officers; employees; duties and compensation; legal services.
The commissioners of an authority shall elect a chairperson and vice-chairperson from among the commissioners. An authority
may employ an executive director, technical experts and such other officers, agents and employees, permanent and temporary,
as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require,
an authority may, with the approval of the governing body, call upon the chief law officer of the communities within its area
of operation or it may employ its own counsel and legal staff. An authority may delegate to 1 or more of its agents or employees
such powers or duties as it may deem proper.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4512; 70 Del. Laws, c. 186, § 1.;
§ 4513. Removal; hearing; filing of proceedings in office of municipal or county clerk's office.
For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the official
or public body which appointed such commissioner, but a commissioner shall be removed only after a hearing and after the commissioner
shall have been given a copy of the charges at least 10 days prior to such hearing and have had an opportunity to be heard
in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges
and findings thereon, shall be filed in the office of the municipal or county clerk, as the case may be.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4513; 70 Del. Laws, c. 186, § 1.;
§ 4514. Actions or proceedings; proof of adoption of resolutions as evidence.
In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of or bonds issued
by an authority, the authority shall be conclusively deemed to have become established and authorized to transact business
and exercise its powers under this chapter upon proof of the adoption of the appropriate resolution prescribed in § 4503 or
§ 4505 of this title. Each such resolution shall be deemed sufficient if it authorizes the exercise of powers under this chapter
by the authority or other public body and finds in substantially the terms provided in § 4504 of this title (no further detail
being necessary) that the conditions therein enumerated exist. A copy of such resolution duly certified by the municipal or
county clerk, as the case may be, shall be admissible in evidence in any suit, action or proceeding.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4514.;
§ 4515. Interest in contracts; disclosure of interest; violations.
No commissioner or employee of an authority shall voluntarily acquire any interest, direct or indirect, in any redevelopment
project or in any property included or planned by the authority to be included in any such project, or in any contract or
proposed contract in connection with any such project. Where the acquisition is not voluntary, such commissioner or employee
shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes
of the authority. If any commissioner or employee of an authority presently owns or controls or owned or controlled within
the preceding 2 years an interest, direct or indirect, in any property included or planned by the authority to be included
in any redevelopment project, the commissioner or employee immediately shall disclose such interest in writing to the authority
and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee
shall not participate in any action by the authority affecting such property. Any violation of this section shall constitute
misconduct in office.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4515; 70 Del. Laws, c. 186, § 1.;
§ 4516. Powers of an authority.
An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions,
and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter,
including the following powers in addition to others granted in this chapter:
(1) To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute
contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from
time to time amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry out the provisions
of this chapter;
(2) To prepare or cause to be prepared and recommend redevelopment plans to the governing body of the community or communities
within its area of operation and to undertake and carry out redevelopment projects within its area of operation;
(3) To arrange or contract for the furnishing or repair, by any person or agency, public or private, of services, privileges,
works, streets, roads, public utilities or other facilities for or in connection with a redevelopment project; and (notwithstanding
anything to the contrary contained in this chapter or any other provision of law), to agree to any conditions that it may
deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the
determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a
redevelopment project, and to include in any contract let in connection with such a project, provisions to fulfill such of
said conditions as it may deem reasonable and appropriate;
(4) Within its area of operation, to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, eminent
domain or otherwise, any real or personal property or any interest therein, together with any improvements thereon, necessary
or incidental to a redevelopment project; to hold, improve, clear or prepare for redevelopment any such property; to sell,
lease, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge, hypothecate or otherwise encumber
or dispose of any real or personal property or any interest therein; to enter into contracts with redevelopers of property
containing covenants, restrictions and conditions regarding the use of such property for residential, commercial, industrial,
recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions
and conditions as the authority may deem necessary to a recurrence of slum or blighted areas or to effectuate the purposes
of this chapter; to make any of the covenants, restrictions or conditions of the foregoing contracts covenants running with
the land, and to provide appropriate remedies for any breach of any such covenants or conditions, including the right in the
authority to terminate such contracts and any interest in the property created pursuant thereto; to borrow money and issue
bonds and provide security for loans or bonds; to insure or provide for the insurance of any real or personal property or
operation of the authority against any risks or hazards, including the power to pay premiums on any such insurance; and to
enter into any contracts necessary to effectuate the purposes of this chapter. No statutory provision with respect to the
acquisition, clearance or disposition of property by other public bodies shall restrict an authority or other public body
exercising powers hereunder, in such functions, unless the General Assembly shall specifically so state;
(5) Within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections,
surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from a court of competent jurisdiction
in the event entry is denied or resisted;
(6) To invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, in property
or securities in which savings banks may legally invest funds subject to their control; to redeem its bonds at the redemption
price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be
cancelled;
(7) To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance
from the federal government, the State, county, municipality or other public body or from any sources, public or private,
for the purposes of this chapter, to give such security as may be required and to enter into and carry out contracts in connection
therewith; an authority, notwithstanding the provisions of any other law, may include in any contract for financial assistance
with the federal government for a redevelopment project such conditions imposed pursuant to federal law as the authority may
deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter;
(8) Acting through 1 or more commissioners or other persons designated by the authority, to conduct examinations and investigations
and to hear testimony and take proof under oath at public or private hearings on any matter material for its information;
to administer oaths, and to issue commissions for the examination of witnesses who are outside of the State or unable to attend
before the authority, or excused from attendance; to make available to appropriate agencies or public officials (including
those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe
or insanitary structures or eliminating slums or conditions of blight within its area of operation) its findings and recommendations
with regard to any building or property where conditions exist which are dangerous to the public health, safety, morals or
welfare;
(9) Within its area of operation, to make or have made all surveys, appraisals, studies and plans (but not including the preparation
of a general plan for the community) necessary to the carrying out of the purposes of this chapter and to contract or cooperate
with any and all persons or agencies, public or private, in the making and carrying out of such surveys, appraisals, studies
and plans;
(10) To prepare plans and provide reasonable assistance for the relocation of families displaced from a redevelopment project
area to permit the carrying out of the redevelopment project, to the extent essential for acquiring possession of and clearing
such area or parts thereof;
(11) With the approval of the local government body:
a. Prior to approval of an urban renewal plan, or by approval of any modification of the plan, to acquire real property in
an urban renewal area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition,
or removal, including any administrative or relocation expenses; and
b. To assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this paragraph
in the event that the real property is not made part of the urban renewal project;
(12) Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes
of this chapter, as amended, and to contract with any person, public or private, in making and carrying out such plans and
to adopt or approve, modify and amend such plans, which plans may include, but are not limited to:
a. Plans for carrying out a program of voluntary or cumpulsory repair and rehabilitation of buildings and improvements,
b. Plans for the enforcement of state and local laws, codes and regulations relating to the use of land and the use and occupancy
of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements,
and
c. Appraisals, title searches, surveys, studies and other plans and work necessary to prepare for the undertaking of urban
renewal projects and related activities; and to develop, test and report methods and techniques, and carry out demonstrations
and activities for the prevention and the elimination of slums and urban blight, and to apply for, accept and utilize grants
of funds from the federal government for such purposes;
(13) To engage in rehabilitation and conservation activities as defined in § 4501 of this title, as amended;
(14) To make such expenditures as may be necessary to carry out the purposes of this chapter; and to make expenditures from
funds obtained from the federal government without regard to any other laws pertaining to the making and approval of appropriations
and expenditures;
(15) To exercise all or any part or combination of powers herein granted.
48 Del. Laws, c. 345, § 5; 31 Del. C. 1953, § 4516; 55 Del. Laws, c. 292, § 6.;
§ 4517. Approval of redevelopment plans.
An authority shall not acquire real property for a redevelopment project unless the governing body of the community in which
the redevelopment project area is located has approved the redevelopment plan, as prescribed in § 4525 of this title.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4517.;
§ 4518. Finding of necessity by local governing body.
An authority shall not exercise the authority conferred upon municipalities or communities by this chapter until after the
local governing body shall have adopted a resolution finding that:
(1) One or more slum or blighted areas shall exist in such municipality or community; and
(2) The rehabilitation, conservation, redevelopment or a combination thereof, of such area or areas is necessary in the interest
of the public health, safety, morals or welfare of the residents of such municipality or community.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4518; 55 Del. Laws, c. 292, § 5.;
§ 4519. General plan prior to recommendation of redevelopment plan.
An authority shall not recommend a redevelopment plan to the governing body of the community in which the redevelopment project
area is located until a general plan for the development of the community has been prepared.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4519.;
§ 4520. Preparation of redevelopment plan; contents.
(a) The authority may itself prepare or cause to be prepared a redevelopment plan or any person or agency, public or private,
may submit such a plan to an authority. A redevelopment plan shall be sufficiently complete to indicate its relationship to
definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational
and community facilities and other public improvements and the proposed land uses and building requirements in the redevelopment
project area and shall include without being limited to:
(1) The boundaries of the redevelopment project area, with a map showing the existing uses and condition of the real property
therein;
(2) A land use plan showing proposed uses of the area;
(3) Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment;
(4) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building
codes and ordinances;
(5) A site plan of the area; and
(6) A statement as to the kind and number of additional public facilities or utilities which will be required to support the
new land uses in the area after redevelopment.
(b) The authority, or any public body authorized to perform planning work, may prepare a general neighborhood renewal plan
for urban renewal areas which may be of such scope that urban renewal activities may have to be carried out in stages over
an estimated period of up to 10 years. Such plan may include, but is not limited to, a preliminary plan which (1) outlines
the urban renewal activities proposed for the area involved, (2) provides a framework for the preparation of urban renewal
plans, and (3) indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation
and improvement of property and portions of the area contemplated for clearance and redevelopment. A general neighborhood
renewal plan shall, in the determination of the local governing body, conform to the general plan of the locality as a whole
and to the workable program of the municipality.
(c) The authority, or any public body authorized to perform planning work, may prepare or complete a communitywide plan or
program for urban renewal which shall conform to the general plan for the development of the municipality or community as
a whole and may include, but shall not be limited to, identification of slum or blighted areas, measurement of blight, determination
of resources needed and available to renew such areas, identification of potential project areas and types of action contemplated
and scheduling of urban renewal activities.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4520; 55 Del. Laws, c. 292, § 9.;
§ 4521. Submission of plan for review and recommendations.
Prior to recommending a redevelopment plan to the governing body for approval, an authority shall submit such plan to the
planning commission of the community in which the redevelopment project area is located for review and recommendations as
to its conformity with the general plan for the development of the community as a whole. The planning commission shall submit
its written recommendations with respect to the proposed redevelopment plan to the authority within 30 days after receipt
of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received
within the 30 days, then without such recommendations, an authority may recommend the redevelopment plan to the governing
body of the community for approval.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4521.;
§ 4522. Considerations prior to recommendation of plan.
Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed
land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing,
in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs
which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and
the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate
provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for
light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation,
water, sewerage and other public utilities, schools, parks, recreational and community facilities and other public requirements,
the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence
of insanitary or unsafe dwelling accommodations, slums, or conditions of blight and the provision of adequate, safe and sanitary
dwelling accommodations. (48 Del. Laws. c. 345, § 6; 31 Del. C. 1953, § 4522.)
§ 4523. Statement of proposed costs; revenue, finances and relocation of displaced families.
The recommendation of a redevelopment plan by an authority to the governing body shall be accompanied by the recommendations,
if any, of the planning commission concerning the redevelopment plan, a statement of the proposed method and estimated cost
of the acquisition and preparation for redevelopment of the redevelopment project area and the estimated proceeds or revenues
from its disposal to redevelopers, a statement of the proposed method of financing the redevelopment project and a statement
of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4523.;
§ 4524. Public hearing; notice; publication.
The governing body of the community shall hold a public hearing on any redevelopment plan or substantial modification thereof
recommended by the authority, after reasonable public notice thereof by publication at least once a week for 2 consecutive
weeks in a newspaper of general circulation in the community, the time of the hearing to be at least 10 days from the last
publication. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify
the area to be redeveloped under the plan. All interested parties shall be afforded at such public hearing a reasonable opportunity
to express their views respecting the proposed redevelopment plan.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4524.;
§ 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.;
§ 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 his or her successor or their 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 his or her 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.;
§ 4527. Disposal of property in redevelopment project.
(a) An authority may sell, lease, exchange or otherwise transfer real property or any interest therein in a redevelopment
project area to any redeveloper for residential, recreational, commercial, industrial or other uses or for public use in accordance
with the redevelopment plan, subject to such covenants, conditions and restrictions as it may deem to be in the public interest
or to carry out the purposes of this chapter. Such sale, lease, exchange or other transfer, and any agreement relating thereto,
may be made only after, or subject to, the approval of the redevelopment plan by the governing body of the community. Such
real property shall be sold, leased or transferred at its fair value for uses in accordance with the redevelopment plan, notwithstanding
such value may be less than the cost of acquiring and preparing such property for redevelopment. In determining the fair value
of real property for uses in accordance with the redevelopment plan, an authority shall take into account and give consideration
to the uses and purposes required by such plan, the restrictions upon, and the covenants, conditions and obligations assumed
by the redeveloper of, such property, the objectives of the redevelopment plan for the prevention of the recurrence of slum
or blighted areas and such other matters as the authority shall specify as being appropriate. In fixing rentals and selling
prices, an authority shall give consideration to appraisals of the property for such uses made by land experts employed by
the authority.
(b) An authority shall, by public notice by publication once each week for 2 consecutive weeks in a newspaper having a general
circulation in the community, prior to the consideration of any redevelopment contract proposal, invite proposals from, and
make available all pertinent information to private redevelopers or any persons interested in undertaking the redevelopment
of an area, or any part thereof, which the governing body has declared to be in need of redevelopment. Such notice shall identify
the area and shall state that such further information as is available may be obtained at the office of the authority. The
authority shall consider all redevelopment proposals and the financial and legal ability of the prospective redevelopers to
carry out their proposals and may negotiate with any redevelopers for proposals for the purchase or lease of any real property
in the redevelopment project area. The authority may accept such redevelopment contract proposal as it deems to be in the
public interest and in furtherance of the purposes of this chapter; provided, that the authority has, not less than 30 days
prior thereto, notified the governing body in writing of its intention to accept such redevelopment contract proposal. Thereafter,
the authority may execute such redevelopment contract in accordance with the provisions of subsection (a) of this section
and deliver deeds, leases and other instruments and take all steps necessary to effectuate such redevelopment contract. At
its discretion, the authority may, without regard to the foregoing provisions of this paragraph, dispose of real property
in a redevelopment project area to private redevelopers for redevelopment under such reasonable competitive bidding procedures
as it shall prescribe, subject to the provisions of subsection (a) of this section. Further the authority may, at its discretion,
dispose of real property in a redevelopment project area to public, quasi-public, charitable and religious corporations by
negotiation without resorting to the provisions of this subsection.
(c) An authority may temporarily operate and maintain real property in a redevelopment project area pending the disposition
of the property for redevelopment without regard to the provisions of subsections (a) and (b) of this section, for such uses
and purposes as may be deemed desirable even though not in conformity with the redevelopment plan.
48 Del. Laws, c. 345, § 7; 31 Del. C. 1953, § 4527; 57 Del. Laws, c. 564, § 1.;
§ 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.;
§ 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.;
§ 4530. Issuance of bonds.
(a) An authority may issue bonds from time to time at its discretion for any of its corporate purposes including the payment
of principal and interest upon any advances for surveys and plans for redevelopment projects. An authority may also issue
refunding bonds for the purpose of paying or retiring or in exchange for bonds previously issued by it. An authority may issue
such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal
and interest are payable:
(1) Exclusively from the income, proceeds and revenues of the redevelopment project financed with the proceeds of such bonds;
or
(2) Exclusively from the income, proceeds and revenues of any of its redevelopment projects whether or not they are financed
in whole or in part with the proceeds of such bonds.
Any such bonds may be additionally secured by a pledge of any loan, grant or contributions, or parts thereof, from the federal
government or other source, or a mortgage on any redevelopment project or projects of the authority.
(b) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by
reason of the issuance thereof. The bonds and other obligations of the authority (and such bonds and obligations shall so
state on their face) shall not be a debt of the municipality, the county or the State, nor in any event shall such bonds or
obligations be payable out of any funds or properties other than those of such authority acquired for the purposes of this
chapter. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation
or restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be
public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from all taxes.
(c) Bonds of an authority shall be authorized by its resolution and may be issued in 1 or more series and shall bear such
date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding
6% per annum, be in
CHAPTER 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW
§ 4501. Definitions.
As used in this chapter, unless a different meaning is clearly indicated by the contex:
(1) "Area of operation" means in the case of a municipality the area within such municipality and in the case of a county,
the area within the county, except that the area of operation in such case shall not include any area which lies within the
territorial boundaries of a municipality unless a resolution shall have been adopted by the governing body of such municipality
declaring a need therefor; and in the case of a regional authority, shall mean the area within the communities for which such
regional authority is created; provided, however, that a regional authority shall not undertake a redevelopment project within
the territorial boundaries of any municipality or county unless a resolution shall have been adopted by the governing body
of such municipality or county declaring that there is a need for the regional authority to undertake such redevelopment project
within such municipality. No authority shall operate in any area of operation in which another authority already established
is undertaking or carrying out a redevelopment project without the consent, by resolution, of such other authority.
(2) "Authority" or "slum clearance and redevelopment authority" means a public body, corporate and politic, created by or
pursuant to § 4503 of this title or any housing authority or community exercising the powers, rights and duties of a slum
clearance and redevelopment authority pursuant to § 4503 of this title.
(3) "Blighted area" means that portion of a municipality or community which is found and determined to be a social or economic
liability to such municipality or community because of any of the following conditions:
a. The generality of buildings used as dwellings, or the dwelling accommodations therein, are substandard, unsafe, unsanitary,
dilapidated or obsolescent, or possess any of such characteristics, or are so lacking in light, air or space, as to be conducive
to unwholesome living;
b. The discontinuance of the use of any building previously used for commercial, manufacturing, residential or industrial
purposes, the abandonment of a building, or allowing a building to fall into so great a state of disrepair as to render the
building untenantable and detrimental to the appraised market value of surrounding property;
c. Unimproved vacant land, which has remained so for a period of 10 years prior to the date of the public hearing as provided
in § 4524 of this title, and which land by reason of its location, or remoteness from developed sections or portions of such
municipality or community, or lack of means of access to such other parts thereof, topography, or nature of the soil is not
likely to be developed through the instrumentality of private capital;
d. Areas (including slum areas) with buildings or improvements which by reason of dilapidation, obsolescence, deteriorated
or deteriorating structures, overcrowding, faulty arrangement or design in relation to size, adequacy, accessibility or usefulness,
lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, predominance
or defective or inadequate street layout, or any combination of these or other factors are detrimental to the safety, health,
morals, or welfare of the municipality or community;
e. A growing or total lack of proper utilization of areas caused by the condition of the title, diverse ownership of the real
property therein, tax or special assessment delinquency exceeding the fair value of the land, or the existence of conditions
which endanger life or property by fire or other causes and other conditions, resulting in a stagnant and unproductive condition
of land potentially useful and valuable for contributing to and serving the public health, safety and welfare; and
f. Vacant or unimproved lot, parcel of ground or structure in a predominantly built-up-neighborhood, which by reason of neglect
or lack of maintenance:
1. Has become a place for accumulation of trash and debris or a haven for rodents or other vermin;
2. Depreciates assessable and/or fair market value of the surrounding property, as certified by a licensed appraiser;
3. Is a public nuisance, as defined by common law or declaration in accordance with the local housing, building, plumbing,
fire and related codes;
4. Is an attractive nuisance to children, as defined by common law;
5. Has had its utilities, plumbing, heating, sewerage or other facilities disconnected, destroyed, removed from the structure,
or rendered ineffective so that the property is unfit for its intended use;
6. Requires a disproportionate expenditure of public funds for public health and safety, crime prevention, correction, and
prosecution; and
7. Has contributed to a quantified disproportionate exodus of families and businesses from the surrounding neighborhood.
(4) "Bonds" mean any bonds (including refunding bonds), notes, interim certificates, debentures, or other obligations issued
by an authority pursuant to this chapter.
(5) "Clerk" means the clerk or other official of the municipality or county who is the custodian of the official records of
such municipality or county.
(6) "Community" means any municipality or county in this State.
(7) "Conservation" means the preservation of an area or section of a community, and the supervision and care of such area
or section, to prevent the recurrence or spread of slum conditions or conditions of blight.
(8) "Federal government" includes the United States of America or any agency or instrumentality, corporate or otherwise, of
the United States of America.
(9) "General neighborhood renewal plan" means a plan for an area of such size that it will encompass 2 or more projects that
will entail renewal activities which may have to be spread over a period of up to 10 years, and for which programming of the
entire area is desirable in advance of the planning and carrying out of specified projects.
(10) "Governing body" means the city council, town council, commissioners or other legislative body charged with governing
the municipality or Levy Court commissioners or other legislative body charged with governing the county.
(11) "Housing authority" means any public body created by or pursuant to Chapter 43 of this title.
(12) "Mayor" means the mayor of a municipality or the officer or body having the duties customarily imposed upon the executive
head of a municipality.
(13) "Municipality" means any incorporated city or town in this State.
(14) "Obligee" includes any bondholder, agents or trustees for any bondholders, or lessor demising to the authority property
used in connection with a redevelopment project, or any assignee or assignees of such lessor's interest or any part thereof,
and the federal government when it is a party to any contract with the authority.
(15) "Public body" means the State or any municipality, county, township, board, commission, authority, district or any other
subdivision or public body of this State.
(16) "Real property" includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant
thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms
for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
(17) "Redeveloper" means any person, partnership, or public or private corporation or agency which enters or proposes to enter
into a redevelopment contract.
(18) "Redevelopment contract" means a contract entered into between an authority and a redeveloper for the redevelopment of
an area in conformity with a redevelopment plan.
(19) "Redevelopment plan" means a plan other than a preliminary or tentative plan for the acquisition, clearance, reconstruction,
rehabilitation or future use of a redevelopment project area.
(20) "Redevelopment project" means any work or undertaking to:
a. Acquire slum areas or blighted areas or portions thereof, including lands, structures or improvements the acquisition of
which is necessary or incidental to the proper clearance, development or redevelopment of such slum or blighted areas or to
the prevention of the spread or recurrence of slum conditions or conditions of blight;
b. Clear any such areas by demolition or removal of existing buildings, structures, streets, utilities or other improvements
thereon and to install, construct or reconstruct streets, utilities and site improvements essential to the preparation of
sites for uses in accordance with a redevelopment plan;
c. Sell, lease or otherwise make available land in such areas for residential, recreational, commercial, industrial or other
use or for public use or to retain such land for public use, in accordance with a redevelopment plan;
and such term may also include the preparation of a redevelopment plan, the planning, survey and other work incident to a
redevelopment project and the preparation of all plans and arrangements for carrying out a redevelopment project.
(21) "Rehabilitation" means the reconstruction, alteration or repair of improvements, structures and buildings in accordance
with the requirements of the municipality or community in its codes, laws or regulations pertaining to building, fire prevention,
health, housing, and zoning, and also the use of land, and the use and occupancy of buildings and improvements.
(22) "Related activities" means:
a. Planning work for the preparation of a general neighborhood renewal plan, or for the preparation or completion of a communitywide
plan or program pursuant to § 4520 of this title, as amended, and
b. The functions related to the acquisition and disposal of real property pursuant to paragraph (11) of § 4516 of this title,
as amended.
(23) "Slum area" means an area in which there is a predominance of buildings or improvements (or which is predominantly residential
in character), and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation,
light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which
endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.
(24) "Urban renewal area" means a slum area or a blighted area or any combination thereof which the local governing body designates
as appropriate for an urban renewal project.
(25) "Urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan:
a. Shall conform to the general plan for the municipality or community as a whole; and
b. Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment,
improvements, rehabilitation and conservation as may be proposed to be carried out in the urban renewal area, zoning and planning
changes, if any, land uses, maximum densities and building requirements.
The term "urban renewal plan" shall be also construed as including and meaning redevelopment plan wherever the context of
this chapter requires.
(26)a. "Urban renewal project" means undertakings and activities of a municipality or community, in an urban renewal area,
for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance
and redevelopment in an urban renewal area, or rehabilitation in an urban renewal area, or any combination or part thereof
in accordance with an urban renewal plan. Such undertakings and activities may include:
1. Acquisition of a slum area or a blighted area or portion thereof;
2. Clearance of any such areas by demolition or removal of existing buildings, structures, streets, utilities, parks, playgrounds
or other improvements thereon;
3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary
for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal
plan;
4. Disposition of any property acquired in the urban renewal area (including sale, initial leasing or retention by the municipality
or community itself) at its fair value for uses in accordance with the urban renewal plan;
5. Carrying out plans for a program of voluntary or compulsory repair, rehabilitation and conservation of buildings or other
improvements in accordance with the urban renewal plan;
6. Acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or rehabilitated
for dwelling use or related facilities, repair or rehabilitation of the structures and resale of the property;
7. Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or
unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove
or prevent the spread of blight or deterioration, or to provide land for needed public facilities; and
8. Acquisition of slum areas or blighted areas or portions thereof including lands, structures, or improvements, the acquisition
of which is necessary or incidental to the proper clearance, development or redevelopment or to the conservation or rehabilitation
of such slum or blighted area or to the prevention of the spread or recurrence of slum conditions or conditions of blight.
b. "Urban renewal project" shall also be construed as including and meaning redevelopment project wherever the context of
this chapter requires.
48 Del. Laws, c. 345, § 3; 31 Del. C. 1953, § 4501; 55 Del. Laws, c. 292, §§ 1-4; 56 Del. Laws, c. 293, § 12; 74 Del. Laws, c. 395, §§ 1, 2.;
§ 4502. Declaration of necessity.
It is found and declared that there exist in localities throughout the State slum and blighted areas (as defined in § 4501
of this title) which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals
and welfare of the residents of the State; that the existence of such areas contributes substantially and increasingly to
the spread of disease and crime, necessitating excessive and disproportionate expenditures of public funds for the preservation
of the public health and safety, for crime prevention, correction, prosecution, punishment and the treatment of juvenile delinquency
and for the maintenance of adequate police, fire and accident protection and other public services and facilities, constitutes
an economic and social liability, substantially impairs or arrests the sound growth of communities and retards the provision
of housing accommodations; that this menace is beyond remedy and control solely by regulatory process in the exercise of the
police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided
in this chapter; that the elimination of slum conditions or conditions of blight, the acquisition and preparation of land
in or necessary to the development of slum or blighted areas and its sale or lease for development or redevelopment in accordance
with general plans and redevelopment plans of communities and any assistance which may be given by any state public body in
connection therewith are public uses and purposes for which public money may be expended and private property acquired; and
that the necessity in the public interest for the provisions enacted in this chapter is declared as a matter of legislative
determination.
It is found and declared that:
(1) There exists in communities of this State blighted and deteriorated areas which constitute a serious and growing menace,
injurious to the public health, safety, morals and welfare of the residents of the State, and the findings and declarations
made in this section prior to December 27, 1965, are affirmed and restated,
(2) Certain blighted, deteriorated, or deteriorating areas, or portions thereof, may require acquisition and clearance, as
provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation
or rehabilitation, but other areas or portions thereof may, through the means provided in this chapter, be susceptible of
conservation or rehabilitation in such a manner that the conditions and evils enumerated in this section may be eliminated,
remedied or prevented, and to the extent feasible, salvable blighted, deteriorated, or deteriorating areas should be conserved
and rehabilitated through voluntary action and the regulatory process, and
(3) All powers conferred by this chapter, as amended, are for public uses and purposes for which public money may be expended
and such other powers exercised, and the necessity in the public interest for the provisions of this chapter is declared as
a matter of legislative determination.
A municipality or community to the greatest extent it determines to be feasible in carrying out the provisions of this chapter
shall afford maximum opportunity, consistent with the sound needs of the municipality or community as a whole, to the conservation
or rehabilitation or redevelopment of areas by private enterprise.
48 Del. Laws, c. 345, § 2; 31 Del. C. 1953, § 4502; 55 Del. Laws, c. 292, § 7.;
§ 4503. Creation of slum clearance and redevelopment authority.
There is created in each community (as defined in § 4501 of this title) a public body corporate and politic, to be known as
the "slum clearance and redevelopment authority" of the community. Such authority shall not transact any business or exercise
its powers under this chapter until or unless the governing body shall approve (by resolution, as provided in this chapter)
the exercise in such community of the powers, functions and duties of an authority under this chapter. If it deems such action
to be in the public interest, the governing body may, instead of such resolution, adopt a resolution approving the exercise
of such powers, functions and duties by the community itself or by a housing authority, and in such event, the community or
housing authority, as the case may be, shall be vested with all the powers, functions, rights, duties and privileges of a
slum clearance and redevelopment authority under this chapter.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4503.;
§ 4504. Resolutions.
The governing body of a community shall not adopt a resolution pursuant to § 4503 of this title unless it finds that:
(1) One or more slum or blighted areas (as defined in § 4501 of this title) exist in such community; and
(2) The redevelopment of such area or areas is necessary in the interest of the public health, safety, morals or welfare of
the residents of such community.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4504.;
§ 4505. Regional slum clearance and redevelopment authority.
If the governing body of each of 2 or more communities declares, by resolution, that there is a need for 1 slum clearance
and redevelopment authority to be created for all of such communities, and has made the findings required by § 4504 of this
title, a public body, corporate and politic, to be known as a regional slum clearance and redevelopment authority (herein
referred to as regional authority or authority) shall thereupon exist for all of such communities and may exercise the powers
and other functions of an authority under this chapter in such communities.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4505.;
§ 4506. Area of operation of regional authority.
The area of operation of a regional authority shall be increased from time to time to include 1 or more additional communities
if the governing body of each of such additional communities adopts the resolution described in § 4505 of this title and makes
the findings required by § 4504 of this title, and the commissioners of the regional authority consent to the inclusion within
its area of operation of such additional communities.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4506.;
§ 4507. Board of commissioners; number; tenure of office; vacancies.
When the governing body of a municipality adopts a resolution as provided in this chapter, it shall promptly notify the mayor
of such adoption. If the resolution adopted is one approving the exercise of powers hereunder by a slum clearance and redevelopment
authority, the mayor, by and with the advice and consent of the governing body, shall appoint a board of commissioners of
the authority created for such municipality which shall consist of 5 commissioners, and when the governing body of a county
adopts such a resolution, the body shall appoint a board of commissioners of the authority created for such county which shall
consist of 5 commissioners. The commissioners who are first appointed pursuant to this chapter shall be designated to serve
for terms of 1, 2, 3, 4 and 5 years, respectively, from the date of their appointment, but thereafter commissioners shall
be appointed as aforesaid for a term of office of 5 years, except that all vacancies shall be filled for the unexpired term.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4507.;
§ 4508. Appointment of commissioners for each additional community; tenure.
If a regional authority is created as provided in this chapter, 1 person shall be appointed as a commissioner of such authority
for each community for which such authority is created. When the area of operation of a regional authority is increased to
include an additional community or communities as provided in this chapter, 1 additional person shall be appointed as a commissioner
of such authority for each such additional community. Each such commissioner appointed for a municipality shall be appointed
by the mayor thereof, by and with the advice and consent of the governing body, and each such commissioner appointed for a
county shall be appointed by the governing body thereof. The first appointment of commissioners of a regional authority may
be made at or after the time of the adoption of the resolution declaring the need for such authority or declaring the need
for the inclusion of such community in the area of operation of such authority. The commissioners of a regional authority
and their successors shall be appointed as aforesaid for terms of 5 years except that all vacancies shall be filled for the
unexpired terms.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4508.;
§ 4509. Odd and even number of communities; tenure; certificate of appointment as evidence.
If the area of operation of a regional authority consists at any time of an even number of communities, the commissioners
of the regional authority already appointed in the manner described in this chapter shall appoint 1 additional commissioner
whose term of office shall be as provided for a commissioner of a regional authority, except that such term shall end at any
earlier time that the area of operation of the regional authority shall be changed to consist of an odd number of communities.
The commissioners of such authority already appointed in the manner described in this chapter shall likewise appoint each
person to succeed such additional commissioner. The term of office of such person begins during the terms of office of the
commissioners appointing such person. A certificate of the appointment of any such additional commissioner of such regional
authority shall be filed with the other records of the regional authority and shall be conclusive evidence of the due and
proper appointment of such additional commissioner.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4509; 70 Del. Laws, c. 186, § 1.;
§ 4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence.
A commissioner of an authority shall receive no compensation for services, but shall be entitled to the necessary expenses,
including traveling expenses, incurred in the discharge of the commissioner's duties. Each commissioner shall hold office
until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner
shall be filed with the municipal or county clerk, as the case may be, and such certificate shall be conclusive evidence of
the due and proper appointment of such commissioner.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4510; 70 Del. Laws, c. 186, § 1.;
§ 4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner.
The powers under this chapter vested in each slum clearance and redevelopment authority shall be exercised by the board of
commissioners thereof. A majority of the commissioners shall constitute a quorum of such board for the purpose of conducting
business and exercising the powers of the authority and for all other purposes. Action may be taken by the board upon a vote
of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number.
Meetings of the board of an authority may be held anywhere within the perimeter boundaries of the area of operation of the
authority. Any persons may be appointed as commissioners of the authority if they reside within such area and are otherwise
eligible for such appointments under this chapter.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4511.;
§ 4512. Officers; employees; duties and compensation; legal services.
The commissioners of an authority shall elect a chairperson and vice-chairperson from among the commissioners. An authority
may employ an executive director, technical experts and such other officers, agents and employees, permanent and temporary,
as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require,
an authority may, with the approval of the governing body, call upon the chief law officer of the communities within its area
of operation or it may employ its own counsel and legal staff. An authority may delegate to 1 or more of its agents or employees
such powers or duties as it may deem proper.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4512; 70 Del. Laws, c. 186, § 1.;
§ 4513. Removal; hearing; filing of proceedings in office of municipal or county clerk's office.
For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the official
or public body which appointed such commissioner, but a commissioner shall be removed only after a hearing and after the commissioner
shall have been given a copy of the charges at least 10 days prior to such hearing and have had an opportunity to be heard
in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges
and findings thereon, shall be filed in the office of the municipal or county clerk, as the case may be.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4513; 70 Del. Laws, c. 186, § 1.;
§ 4514. Actions or proceedings; proof of adoption of resolutions as evidence.
In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of or bonds issued
by an authority, the authority shall be conclusively deemed to have become established and authorized to transact business
and exercise its powers under this chapter upon proof of the adoption of the appropriate resolution prescribed in § 4503 or
§ 4505 of this title. Each such resolution shall be deemed sufficient if it authorizes the exercise of powers under this chapter
by the authority or other public body and finds in substantially the terms provided in § 4504 of this title (no further detail
being necessary) that the conditions therein enumerated exist. A copy of such resolution duly certified by the municipal or
county clerk, as the case may be, shall be admissible in evidence in any suit, action or proceeding.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4514.;
§ 4515. Interest in contracts; disclosure of interest; violations.
No commissioner or employee of an authority shall voluntarily acquire any interest, direct or indirect, in any redevelopment
project or in any property included or planned by the authority to be included in any such project, or in any contract or
proposed contract in connection with any such project. Where the acquisition is not voluntary, such commissioner or employee
shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes
of the authority. If any commissioner or employee of an authority presently owns or controls or owned or controlled within
the preceding 2 years an interest, direct or indirect, in any property included or planned by the authority to be included
in any redevelopment project, the commissioner or employee immediately shall disclose such interest in writing to the authority
and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee
shall not participate in any action by the authority affecting such property. Any violation of this section shall constitute
misconduct in office.
48 Del. Laws, c. 345, § 4; 31 Del. C. 1953, § 4515; 70 Del. Laws, c. 186, § 1.;
§ 4516. Powers of an authority.
An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions,
and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter,
including the following powers in addition to others granted in this chapter:
(1) To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute
contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from
time to time amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry out the provisions
of this chapter;
(2) To prepare or cause to be prepared and recommend redevelopment plans to the governing body of the community or communities
within its area of operation and to undertake and carry out redevelopment projects within its area of operation;
(3) To arrange or contract for the furnishing or repair, by any person or agency, public or private, of services, privileges,
works, streets, roads, public utilities or other facilities for or in connection with a redevelopment project; and (notwithstanding
anything to the contrary contained in this chapter or any other provision of law), to agree to any conditions that it may
deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the
determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a
redevelopment project, and to include in any contract let in connection with such a project, provisions to fulfill such of
said conditions as it may deem reasonable and appropriate;
(4) Within its area of operation, to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, eminent
domain or otherwise, any real or personal property or any interest therein, together with any improvements thereon, necessary
or incidental to a redevelopment project; to hold, improve, clear or prepare for redevelopment any such property; to sell,
lease, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge, hypothecate or otherwise encumber
or dispose of any real or personal property or any interest therein; to enter into contracts with redevelopers of property
containing covenants, restrictions and conditions regarding the use of such property for residential, commercial, industrial,
recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions
and conditions as the authority may deem necessary to a recurrence of slum or blighted areas or to effectuate the purposes
of this chapter; to make any of the covenants, restrictions or conditions of the foregoing contracts covenants running with
the land, and to provide appropriate remedies for any breach of any such covenants or conditions, including the right in the
authority to terminate such contracts and any interest in the property created pursuant thereto; to borrow money and issue
bonds and provide security for loans or bonds; to insure or provide for the insurance of any real or personal property or
operation of the authority against any risks or hazards, including the power to pay premiums on any such insurance; and to
enter into any contracts necessary to effectuate the purposes of this chapter. No statutory provision with respect to the
acquisition, clearance or disposition of property by other public bodies shall restrict an authority or other public body
exercising powers hereunder, in such functions, unless the General Assembly shall specifically so state;
(5) Within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections,
surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from a court of competent jurisdiction
in the event entry is denied or resisted;
(6) To invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, in property
or securities in which savings banks may legally invest funds subject to their control; to redeem its bonds at the redemption
price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be
cancelled;
(7) To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance
from the federal government, the State, county, municipality or other public body or from any sources, public or private,
for the purposes of this chapter, to give such security as may be required and to enter into and carry out contracts in connection
therewith; an authority, notwithstanding the provisions of any other law, may include in any contract for financial assistance
with the federal government for a redevelopment project such conditions imposed pursuant to federal law as the authority may
deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter;
(8) Acting through 1 or more commissioners or other persons designated by the authority, to conduct examinations and investigations
and to hear testimony and take proof under oath at public or private hearings on any matter material for its information;
to administer oaths, and to issue commissions for the examination of witnesses who are outside of the State or unable to attend
before the authority, or excused from attendance; to make available to appropriate agencies or public officials (including
those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe
or insanitary structures or eliminating slums or conditions of blight within its area of operation) its findings and recommendations
with regard to any building or property where conditions exist which are dangerous to the public health, safety, morals or
welfare;
(9) Within its area of operation, to make or have made all surveys, appraisals, studies and plans (but not including the preparation
of a general plan for the community) necessary to the carrying out of the purposes of this chapter and to contract or cooperate
with any and all persons or agencies, public or private, in the making and carrying out of such surveys, appraisals, studies
and plans;
(10) To prepare plans and provide reasonable assistance for the relocation of families displaced from a redevelopment project
area to permit the carrying out of the redevelopment project, to the extent essential for acquiring possession of and clearing
such area or parts thereof;
(11) With the approval of the local government body:
a. Prior to approval of an urban renewal plan, or by approval of any modification of the plan, to acquire real property in
an urban renewal area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition,
or removal, including any administrative or relocation expenses; and
b. To assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this paragraph
in the event that the real property is not made part of the urban renewal project;
(12) Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes
of this chapter, as amended, and to contract with any person, public or private, in making and carrying out such plans and
to adopt or approve, modify and amend such plans, which plans may include, but are not limited to:
a. Plans for carrying out a program of voluntary or cumpulsory repair and rehabilitation of buildings and improvements,
b. Plans for the enforcement of state and local laws, codes and regulations relating to the use of land and the use and occupancy
of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements,
and
c. Appraisals, title searches, surveys, studies and other plans and work necessary to prepare for the undertaking of urban
renewal projects and related activities; and to develop, test and report methods and techniques, and carry out demonstrations
and activities for the prevention and the elimination of slums and urban blight, and to apply for, accept and utilize grants
of funds from the federal government for such purposes;
(13) To engage in rehabilitation and conservation activities as defined in § 4501 of this title, as amended;
(14) To make such expenditures as may be necessary to carry out the purposes of this chapter; and to make expenditures from
funds obtained from the federal government without regard to any other laws pertaining to the making and approval of appropriations
and expenditures;
(15) To exercise all or any part or combination of powers herein granted.
48 Del. Laws, c. 345, § 5; 31 Del. C. 1953, § 4516; 55 Del. Laws, c. 292, § 6.;
§ 4517. Approval of redevelopment plans.
An authority shall not acquire real property for a redevelopment project unless the governing body of the community in which
the redevelopment project area is located has approved the redevelopment plan, as prescribed in § 4525 of this title.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4517.;
§ 4518. Finding of necessity by local governing body.
An authority shall not exercise the authority conferred upon municipalities or communities by this chapter until after the
local governing body shall have adopted a resolution finding that:
(1) One or more slum or blighted areas shall exist in such municipality or community; and
(2) The rehabilitation, conservation, redevelopment or a combination thereof, of such area or areas is necessary in the interest
of the public health, safety, morals or welfare of the residents of such municipality or community.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4518; 55 Del. Laws, c. 292, § 5.;
§ 4519. General plan prior to recommendation of redevelopment plan.
An authority shall not recommend a redevelopment plan to the governing body of the community in which the redevelopment project
area is located until a general plan for the development of the community has been prepared.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4519.;
§ 4520. Preparation of redevelopment plan; contents.
(a) The authority may itself prepare or cause to be prepared a redevelopment plan or any person or agency, public or private,
may submit such a plan to an authority. A redevelopment plan shall be sufficiently complete to indicate its relationship to
definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational
and community facilities and other public improvements and the proposed land uses and building requirements in the redevelopment
project area and shall include without being limited to:
(1) The boundaries of the redevelopment project area, with a map showing the existing uses and condition of the real property
therein;
(2) A land use plan showing proposed uses of the area;
(3) Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment;
(4) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building
codes and ordinances;
(5) A site plan of the area; and
(6) A statement as to the kind and number of additional public facilities or utilities which will be required to support the
new land uses in the area after redevelopment.
(b) The authority, or any public body authorized to perform planning work, may prepare a general neighborhood renewal plan
for urban renewal areas which may be of such scope that urban renewal activities may have to be carried out in stages over
an estimated period of up to 10 years. Such plan may include, but is not limited to, a preliminary plan which (1) outlines
the urban renewal activities proposed for the area involved, (2) provides a framework for the preparation of urban renewal
plans, and (3) indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation
and improvement of property and portions of the area contemplated for clearance and redevelopment. A general neighborhood
renewal plan shall, in the determination of the local governing body, conform to the general plan of the locality as a whole
and to the workable program of the municipality.
(c) The authority, or any public body authorized to perform planning work, may prepare or complete a communitywide plan or
program for urban renewal which shall conform to the general plan for the development of the municipality or community as
a whole and may include, but shall not be limited to, identification of slum or blighted areas, measurement of blight, determination
of resources needed and available to renew such areas, identification of potential project areas and types of action contemplated
and scheduling of urban renewal activities.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4520; 55 Del. Laws, c. 292, § 9.;
§ 4521. Submission of plan for review and recommendations.
Prior to recommending a redevelopment plan to the governing body for approval, an authority shall submit such plan to the
planning commission of the community in which the redevelopment project area is located for review and recommendations as
to its conformity with the general plan for the development of the community as a whole. The planning commission shall submit
its written recommendations with respect to the proposed redevelopment plan to the authority within 30 days after receipt
of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received
within the 30 days, then without such recommendations, an authority may recommend the redevelopment plan to the governing
body of the community for approval.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4521.;
§ 4522. Considerations prior to recommendation of plan.
Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed
land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing,
in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs
which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and
the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate
provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for
light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation,
water, sewerage and other public utilities, schools, parks, recreational and community facilities and other public requirements,
the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence
of insanitary or unsafe dwelling accommodations, slums, or conditions of blight and the provision of adequate, safe and sanitary
dwelling accommodations. (48 Del. Laws. c. 345, § 6; 31 Del. C. 1953, § 4522.)
§ 4523. Statement of proposed costs; revenue, finances and relocation of displaced families.
The recommendation of a redevelopment plan by an authority to the governing body shall be accompanied by the recommendations,
if any, of the planning commission concerning the redevelopment plan, a statement of the proposed method and estimated cost
of the acquisition and preparation for redevelopment of the redevelopment project area and the estimated proceeds or revenues
from its disposal to redevelopers, a statement of the proposed method of financing the redevelopment project and a statement
of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4523.;
§ 4524. Public hearing; notice; publication.
The governing body of the community shall hold a public hearing on any redevelopment plan or substantial modification thereof
recommended by the authority, after reasonable public notice thereof by publication at least once a week for 2 consecutive
weeks in a newspaper of general circulation in the community, the time of the hearing to be at least 10 days from the last
publication. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify
the area to be redeveloped under the plan. All interested parties shall be afforded at such public hearing a reasonable opportunity
to express their views respecting the proposed redevelopment plan.
48 Del. Laws, c. 345, § 6; 31 Del. C. 1953, § 4524.;
§ 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.;
§ 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 his or her successor or their 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 his or her 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.;
§ 4527. Disposal of property in redevelopment project.
(a) An authority may sell, lease, exchange or otherwise transfer real property or any interest therein in a redevelopment
project area to any redeveloper for residential, recreational, commercial, industrial or other uses or for public use in accordance
with the redevelopment plan, subject to such covenants, conditions and restrictions as it may deem to be in the public interest
or to carry out the purposes of this chapter. Such sale, lease, exchange or other transfer, and any agreement relating thereto,
may be made only after, or subject to, the approval of the redevelopment plan by the governing body of the community. Such
real property shall be sold, leased or transferred at its fair value for uses in accordance with the redevelopment plan, notwithstanding
such value may be less than the cost of acquiring and preparing such property for redevelopment. In determining the fair value
of real property for uses in accordance with the redevelopment plan, an authority shall take into account and give consideration
to the uses and purposes required by such plan, the restrictions upon, and the covenants, conditions and obligations assumed
by the redeveloper of, such property, the objectives of the redevelopment plan for the prevention of the recurrence of slum
or blighted areas and such other matters as the authority shall specify as being appropriate. In fixing rentals and selling
prices, an authority shall give consideration to appraisals of the property for such uses made by land experts employed by
the authority.
(b) An authority shall, by public notice by publication once each week for 2 consecutive weeks in a newspaper having a general
circulation in the community, prior to the consideration of any redevelopment contract proposal, invite proposals from, and
make available all pertinent information to private redevelopers or any persons interested in undertaking the redevelopment
of an area, or any part thereof, which the governing body has declared to be in need of redevelopment. Such notice shall identify
the area and shall state that such further information as is available may be obtained at the office of the authority. The
authority shall consider all redevelopment proposals and the financial and legal ability of the prospective redevelopers to
carry out their proposals and may negotiate with any redevelopers for proposals for the purchase or lease of any real property
in the redevelopment project area. The authority may accept such redevelopment contract proposal as it deems to be in the
public interest and in furtherance of the purposes of this chapter; provided, that the authority has, not less than 30 days
prior thereto, notified the governing body in writing of its intention to accept such redevelopment contract proposal. Thereafter,
the authority may execute such redevelopment contract in accordance with the provisions of subsection (a) of this section
and deliver deeds, leases and other instruments and take all steps necessary to effectuate such redevelopment contract. At
its discretion, the authority may, without regard to the foregoing provisions of this paragraph, dispose of real property
in a redevelopment project area to private redevelopers for redevelopment under such reasonable competitive bidding procedures
as it shall prescribe, subject to the provisions of subsection (a) of this section. Further the authority may, at its discretion,
dispose of real property in a redevelopment project area to public, quasi-public, charitable and religious corporations by
negotiation without resorting to the provisions of this subsection.
(c) An authority may temporarily operate and maintain real property in a redevelopment project area pending the disposition
of the property for redevelopment without regard to the provisions of subsections (a) and (b) of this section, for such uses
and purposes as may be deemed desirable even though not in conformity with the redevelopment plan.
48 Del. Laws, c. 345, § 7; 31 Del. C. 1953, § 4527; 57 Del. Laws, c. 564, § 1.;
§ 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.;
§ 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.;
§ 4530. Issuance of bonds.
(a) An authority may issue bonds from time to time at its discretion for any of its corporate purposes including the payment
of principal and interest upon any advances for surveys and plans for redevelopment projects. An authority may also issue
refunding bonds for the purpose of paying or retiring or in exchange for bonds previously issued by it. An authority may issue
such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal
and interest are payable:
(1) Exclusively from the income, proceeds and revenues of the redevelopment project financed with the proceeds of such bonds;
or
(2) Exclusively from the income, proceeds and revenues of any of its redevelopment projects whether or not they are financed
in whole or in part with the proceeds of such bonds.
Any such bonds may be additionally secured by a pledge of any loan, grant or contributions, or parts thereof, from the federal
government or other source, or a mortgage on any redevelopment project or projects of the authority.
(b) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by
reason of the issuance thereof. The bonds and other obligations of the authority (and such bonds and obligations shall so
state on their face) shall not be a debt of the municipality, the county or the State, nor in any event shall such bonds or
obligations be payable out of any funds or properties other than those of such authority acquired for the purposes of this
chapter. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation
or restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be
public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from all taxes.
(c) Bonds of an authority shall be authorized by its resolution and may be issued in 1 or more series and shall bear such
date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding
6% per annum, be in
