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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2015

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(17 Del.C. §§137 & 145; 29 Del.C. §8404)
Response: The limitations on use of this option came from the Department’s discussions with the Federal Highway Administration (FHWA).
Response: The agreement takes place prior to the Order of Possession, but should not impact a Right of Entry request.
Response: The Department agrees to leave the option open for up to 90 days. One risk is that the appraisals and/or other information becomes stale. The intent is to reduce costs to both parties.
Response: Agreed. The wording will change to Deputy Attorney General and DelDOT Chief of Right of Way.
Response: For the time being, the Department prefers to keep to the original draft language on this issue, until it sees how the process works out in actual cases.
Response: For the time being, the Department prefers to keep to the original draft language on this issue, until it sees how the process works out in actual cases.
Response: For the time being, the Department prefers to keep to the original draft language on this issue, until it sees how the process works out in actual cases.
Response: The intent of the Regulation was to shorten the process. There has been discussion about allowing both sides to present a short summary, and an owners’ statement could be permitted. However, the consultation among the appraisers should be private, in order to encourage full debate and discussion. The Regulation will be amended to permit an opening statement by both sides and a statement by the owner. There would be no discovery, testimony, or cross-examinations.
Response: Thank you for your comment.
Response: For the time being, the Department prefers to observe how the process works out in actual cases. It remains committed to assuring that property owners’ rights continue to be respected by the State in its property acquisition activities.
For the foregoing reasons, the Secretary concludes that it is appropriate to adopt the Alternative Dispute Resolution Process for Acquisition of Certain Real Property Interests.
The text of 2 DE Admin. Code 2407 shall be in the form attached as Exhibit “A”.
IT IS SO ORDERED THIS 2nd DAY OF FEBRUARY, 2015.
3.3 All ADR requests or responses to a request made to DelDOT, or activities/determinations performed by DelDOT as part of the review process must have approval of the [Assistant Director DelDOT Chief of Right of Way] with concurrence from a [DAG Deputy Attorney General]. In cases with Just Compensation in excess of $500,000, approval of the Secretary is also required.
3.11 The members of the ADR review panel shall meet in private to discuss the merits of each party's appraisal and documentation. [Prior to this discussion, both sides may make a short opening statement, and the owner may make an owner’s statement.] There will not be any testimony or input required from either party for the review unless requested by the ADR review panel. Copies of any testimony or input required of the parties shall be made available to the opposing party.
Last Updated: December 31 1969 19:00:00.
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