Secretary Wicks Proposes Regulations to Implement US 113 Report Recommendations

Regulations Would Require Independent Committee Review of Advanced Acquisitions and Reservations
Dover -- Department of Transportation (DelDOT) Secretary Carolann Wicks today proposed a series of regulations to improve the Department's real estate acquisition policies, including a requirement that advanced acquisitions and reservations be reviewed and approved by the state's "Advanced Acquisition Committee." The regulations would also implement several other recommendations set forth in a recent report to Governor Jack Markell on the US 113 project.

The public will have the opportunity to comment on the proposed regulations until March 5, 2011 after they are posted to the Delaware Register on Feb. 1, 2011. If adopted as proposed, the regulations will take effect on April 10, 2011. The proposed regulations titled "Regulations Establishing Policies and Procedures for Advanced Acquisition of Certain Real Property Interest" can be read on www.deldot.gov, under the Hot Topics section at the top right-hand corner of the page.

"DelDOT is moving quickly to implement the specific policy recommendations set forth in the U.S. 113 report," said Secretary Wicks. "Our goal is to make DelDOT's real estate policies as transparent, consistent, cost effective and fair as they can be. These regulations are an important part of that effort."

If adopted, the regulations will require that advanced acquisitions and reservations be reviewed and approved by the state's Advanced Acquisition Committee. An "advanced acquisition" occurs when DelDOT acquires property prior to right-of-way approval. A "reservation" occurs when DelDOT agrees to compensate a property owner in exchange for an agreement not to further develop property.

The regulations would also implement the following recommendations set forth in the U.S. 113 report:
*Require DelDOT to obtain independent appraisals for reservation agreements as part of the advanced acquisition process;
*Require advanced acquisitions and reservations to be reviewed by legal counsel; and
*Require that the principal terms of acquisitions and reservations be reflected in a contract signed by both DelDOT and the property owner.

The Advanced Acquisition Committee is comprised of the Secretary of the Department of Natural Resources and Environmental Control; the Secretary of the Department of Transportation, the Secretary of the Department of Agriculture; the Director of the Delaware Economic Development Office; the Governor's Chief of Staff; a member of the Senate designated by the President Pro Tempore of the Senate; a member of the House of Representatives designated by the Speaker of the House of Representatives; a member of the public designated by the President Pro Tempore of the Senate; and a member of the public designated by the Speaker of the House of Representatives.