2022 Delaware Code
Title 29 - State Government
Chapter 94. REAL PROPERTY DISPOSITION
§ 9405. Annual review of proprietary state real property; report of surplus; conditions of sale or other disposition; annual report.
(a) On or before December 31 of each year each state agency shall make a review of all proprietary state real property over which it has jurisdiction to determine what, if any, property is in excess of its reasonably foreseeable needs and report thereon in writing to the Surplus Real Property Commission.
(b) Jurisdiction of all real property reported as surplus shall be transferred to the Commission, when requested by the Chairperson thereof, for sale, lease or disposition under this section or as may be otherwise authorized by law.
(c) The Commission shall report to the Governor and to the General Assembly annually any real property declared surplus and make recommendations as to disposition of the property by sale or otherwise.
(d) Whenever any real property is reported as surplus pursuant to this section, the Commission shall determine whether or not the use of the real property is needed by any other state agency. If the Commission determines that the property is needed by any other state agency it shall transfer jurisdiction of the property to such other state agency upon such terms and conditions as it may deem to be for the best interests of the State.
(e) If the Commission determines that use of the real property is not needed by any other state agency, it may recommend that the surplus property be retained by the State or that it be offered to a political subdivision of the State or to an interested private organization for an amount not less than 30% of the fair market value nor more than 75% of the fair market value. Any such recommended transfer shall be subject to the following conditions:
(1) The property shall be used for a public purpose;
(2) The property shall be developed or used according to plan within a time period not to exceed 5 years;
(3) The deed or other instrument of transfer shall provide that the property shall revert to the State if the property is not developed within the stated period of time or if the property ceases to be used for public purposes;
(4) The Commission may recommend additional terms and conditions as it determines to be in the best interest of the State.
(f) If the Commission determines that the use of state surplus real property is not needed by any other state agency or by any other local governmental agency or by a private organization pursuant to subsection (e) of this section it may recommend that the surplus property be retained by the State or that the surplus property be sold to the highest bidder after advertising. Sales of state surplus property pursuant to this section shall be at fair market value or for such other price as may be approved in writing by the Commission.
(g) The Commission shall report to the Governor and to the General Assembly annually, with respect to any surplus real property approved and recommended for sale or other disposition under this section, giving the following information:
(1) A description or other precise identification of the surplus property;
(2) The name of the agency which reported the excess property and the date of said report;
(3) The present status or use of the property;
(4) An accurate appraisal of the fair market value of the surplus property;
(5) An estimate of the amount of state funds, if any, expended in acquiring, preserving, improving, restoring or reclaiming the property;
(6) A description of whether the property is needed by any other state agency or local governmental agency and, if not, a description of alternative highest and best uses of the property which the Commission deems to be in the best interest of the State.
