The Delaware Supreme Court is ordering DelDOT to return privately owned land they had previously condemned for their U.S. 301 highway project.
In the opinion, the court asserts DelDOT didn’t make “every reasonable effort… to acquire” the property through negotiation.
The state agency had wanted to use part of the ten-acre parcel to build a stormwater management pond and relocate the owner’s driveway.
After the owner did not accept DelDOT’s appraisal-backed offer, the agency filed a motion in Superior Court for condemnation.
In an email, DelDOT spokesman Geoff Sundstrom responded to the ruling, “DelDOT and its attorneys are reviewing this decision to determine its influence on the department's appraisal of the Lawson's property and the final acquisition price. Following this review, the agency will take whatever steps are appropriate to conclude the purchase of the Lawson property. The department and its legal counsel will also review what effect, if any, the decision may have on the department's existing or contemplated right-of-way activities.”
