The Delaware Department of Transportation cannot take possession of a 1.65-acre property it nearly seized through a condemnation hearing in the Superior Court, the state Supreme Court has ruled. In issuing the decision, the high court held that DelDOT violated Delaware's Real Property Acquisition Act because it valued the property based on a "flawed appraisal" that did not consider the property's owners' reduced ability to commercially develop the area if DelDOT moved forward with its plans to construct a new driveway and stormwater pond on the land as part of its U.S. Route 301 project.
DelDOT Must Return Land Seized in Condemnation Hearing
Delaware Law Weekly
July 31, 2013