Delaware Code Title 29. State Government § 7525. Use or acquisition of lands for school construction

(a) Whenever a school district either proposes to use land that it currently owns for the carrying out of school construction, or to select and acquire land for the same purpose, the board of education of such school district is authorized to use or to select and acquire such land upon the approval of the Department of Education, the Office of Management and Budget and the Office of State Planning Coordination, pursuant to rules and regulations to be promulgated by the Department of Education.  A school district may submit more than 1 prospective site for approval.  If the Department of Education, the Office of Management and Budget and the Office of State Planning Coordination approve more than 1 site, the Department of Education shall work jointly and cooperatively with the school district to finally decide which site or sites shall be approved.  The provisions of this subsection shall apply to any land that a school district desires to use for school construction purposes, whether acquired prior to or after July 19, 2004, and regardless of whether said land was or is to be acquired by the school district either by gift or for consideration, or where said land is proposed to be set aside in lieu of payment of the Voluntary School Assessment as provided in § 2661(c)(3) of Title 9 and § 842(c) of Title 22.

(b) The land may be acquired by contract with the owner or owners thereof at a fair value, or by condemnation proceedings instituted by the appropriate official body, but such condemnation proceedings shall not be instituted against any land, building, franchise, easement or other property of a public utility used by it in providing its service to the public.

(c) The cost of such land shall be deemed to be part of the cost of such school construction.

(d) Title to any lands acquired shall be a fee simple title and shall be vested in the board of education of the school district.

(e) Condemnation proceedings to acquire land in any case where such land cannot for any reason be acquired by agreement with the owner or owners thereof for a fair or reasonable consideration may be instituted by the appropriate official body under § 2303 of Title 14 and Chapter 61 of Title 10.