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HB457 • 2025

AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ACQUISITION AND SALE OF REAL PROPERTY.

AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ACQUISITION AND SALE OF REAL PROPERTY.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Kamela Smith
Last action
2026-06-30
Official status
Lieu/Substituted 6/16/26
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Raising Property Appraisal Thresholds for Delaware Transportation Projects

This law raises the dollar amount at which a formal independent appraisal is required when buying or selling land for transportation projects from $10,000 to $25,000.

What This Bill Does

  • Increases the property value limit requiring an independent appraiser from $10,000 to $25,000.
  • Aligns state rules with the maximum threshold allowed by the Federal Highway Administration.
  • Allows DELDOT staff or internal review appraisers to handle valuations for properties under the new $25,000 limit.

Who It Names or Affects

  • The Delaware Department of Transportation (DELDOT)
  • Property owners selling land for transportation purposes
  • Qualified independent appraisers hired by the state

Terms To Know

Appraisal
A professional estimate of a property's value.
Federal Highway Administration (FHWA)
The federal agency that sets rules for how states use highway funds.

Limits and Unknowns

  • The official effective date is not listed in the provided text.
  • Future changes to the Federal Highway Administration's maximum threshold may require further updates to this law.

Bill History

  1. 2026-06-30 Delaware General Assembly

    HS 1 for HB 457 - Passed By Senate. Votes: 21 YES

  2. 2026-06-24 Delaware General Assembly

    HS 1 for HB 457 - Reported Out of Committee (Housing & Land Use) in Senate with 5 On Its Merits

  3. 2026-06-18 Delaware General Assembly

    HS 1 for HB 457 - Passed By House. Votes: 41 YES

  4. 2026-06-18 Delaware General Assembly

    HS 1 for HB 457 - Assigned to Housing & Land Use Committee in Senate

  5. 2026-06-17 Delaware General Assembly

    HS 1 for HB 457 - Reported Out of Committee (Transportation) in House with 6 On Its Merits

  6. 2026-06-16 Delaware General Assembly

    Substituted in House by HS 1 for HB 457

  7. 2026-06-04 Delaware General Assembly

    Introduced and Assigned to Transportation Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ACQUISITION AND SALE OF REAL PROPERTY.
This Act amends section 137 of Title 17 of the Delaware Code to increase the requirement for a qualified independent appraisal from $10,000.00 to $25,000.00, to align with the current maximum threshold permitted by the Federal Highway Administration. This will allow DELDOT to more quickly complete smaller acquisitions as property values continue to increase.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Kamela Smith & Sen. Lockman

Rep. Morrison; Sens. Hoffner, Pinkney, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 457

AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO ACQUISITION AND SALE OF REAL PROPERTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 137, Title 17 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 137. Acquisition and sale of real property.

(b) When any property heretofore or hereafter acquired by the Department by gift, devise, purchase or condemnation is no longer needed for transportation purposes the Department shall attempt to dispose of the property as follows:

(4) Notwithstanding any other provisions of this section, the Department may determine that the property has minimal independent utility for reasons such as, but not limited to, lack of access, irregular shape, poor topography or hydrology, small size and nominal value (less than

$3,000

$25,000, or current approved threshold determined by the Federal Highway Administration,

in the opinion of the Department’s Chief Review Appraiser

or qualified independent appraiser

). In such event the Department may, without having to perform an appraisal of the property, sell or otherwise convey such property to an adjoining property owner or an organized community civic association or maintenance association for use as community open space at a price to be negotiated by the parties. The Department shall notify all adjoining property owners in writing of the property availability and provide 2 weeks for adjoining property owners to express interest in purchasing the property. In cases where more than 1 adjoining property owner indicates an interest in purchasing the property, the Department may elect to offer the property for sale via sealed bid to the highest bidder, or to divide the property to accommodate the interests of all interested owners.

(8) As used in this subsection, “approved appraised value”

shall mean:

means:

a. When the estimated value of the property is not more than

$10,000,

$25,000, as determined by the Department’s Chief Review Appraiser or qualified independent appraiser.

an appraisal performed by a qualified Department employee or qualified independent appraiser, reviewed and approved by a qualified Department review appraiser; or

b. When the estimated value of the property exceeds

$10,000,

$25,000,

an appraisal performed

as determined

by a qualified independent appraiser, reviewed and approved by a qualified Department review appraiser.

SYNOPSIS

This Act amends section 137 of Title 17 of the Delaware Code to increase the requirement for a qualified independent appraisal from $10,000.00 to $25,000.00, to align with the current maximum threshold permitted by the Federal Highway Administration. This will allow DELDOT to more quickly complete smaller acquisitions as property values continue to increase.