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.
The en banc court issued the opinion in Lawson v. State. Delaware Court of Chancery Vice Chancellor J. Travis Laster sat in designation for Supreme Court Justice Randy J. Holland.
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