Title 7 Chapter 45 § 4518 requires specific approval of the General Assembly to sell public land stating:
No public lands, except as hereinabove set forth and except lands or buildings for which title is held by a reorganized school district, shall be transferred or conveyed to or otherwise placed under the control of any person or persons, state, county, or municipality or any governmental agency, whether foreign or domestic, having the power to sell or lease such lands unless the General Assembly specifically approves the same and unless done in conformity with the requirements of this chapter.
The Grassdale parcel is also protected by Title 30 § 5423(c)(2), the Delaware Land and Water Conservation Trust Fund which states:
It is intended that property acquired with funds from the Endowment Account shall remain in public outdoor recreation and conservation use in perpetuity. Said property may not be converted to other uses without a subsequent act of the General Assembly.
Title 7 Chapter 45 § 4506 requires that public land must be sold at public auction stating:
Any public land sold shall be sold only at public auction after at least 10 days prior public notice. Such public notice shall be given in all 3 counties of this State. Notice in each county shall be given in the same manner required for county tax sales in each respective county, including publication and posting of handbills. Any land so sold shall be sold only to the highest bidder at the sale for the amount of that highest bid.
Grassdale was inappropriately transferred to Delaware City and rezoned. Title 7 Chapter 45 §4518 specifically prohibits the transfer of public land to “municipalities” stating:
No public lands, except as hereinabove set forth and except lands or buildings for which title is held by a reorganized school district, shall be transferred or conveyed to or otherwise placed under the control of any person or persons, state, county, or municipality or any governmental agency, whether foreign or domestic, having the power to sell or lease such lands unless the General Assembly specifically approves the same and unless done in conformity with the requirements of this chapter.
Nevertheless, portions of the “Fort Dupont Complex” were transferred to Delaware City and rezoned to facilitate the Grassdale sale. This rezoning was also unlawful as documented in the three statutes quoted below:
Title 7 Chapter 75 § 7510 states:
Notwithstanding any provision of this chapter to the contrary, no open space or other area acquired primarily for recreational use shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.
Title 7 Chapter 45 § 4521 states:
Notwithstanding any provision of this chapter to the contrary, no state park, or any part thereof, open space as defined in § 7504 of this title, or other area acquired primarily for recreational use, shall be rezoned, neither shall there be a change in the use of any such lands requiring a variance or subdivision approval, except upon 45 days prior notice to all elected members of the General Assembly in whose district such lands, or any part thereof, lie.
State law requires that proceeds from sale of protected public land must be deposited into the endowment account which was used to purchase the land. Title 30 Chapter 54 § 5423(c)(2) states:
If the General Assembly approved the sale or lease of any project or a portion thereof, the pro rata share of net sale and or lease income shall be deposited into the Endowment Account.
Of Course, the General Assembly did not approve this sale. FDRPC Board minutes indicate that the Corporation had no intention of returning funds to the Endowment Account. For FDRPC, the purpose of this sale was additional revenue.
All seven of these environmental statutes sited in this section were violated by FDRPC’s sale of the Grassdale parcel.