LAWSON v. STATE

No. 320, 2012.

72 A.3d 84 (2013)

Jack W. LAWSON and Mary Ann Lawson, Defendants Below, Appellants, v. STATE of Delaware, upon the Relationship of the Secretary of the Department of Transportation, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 22, 2013.


Attorney(s) appearing for the Case

Richard L. Abbott , Abbott Law Firm, Hockessin, Delaware for appellants.

Gregory B. Williams (argued), Austen C. Endersby , and Mian R. Wang , Fox Rothschild LLP, Wilmington, Delaware for appellee.

Before Chief Justice, Justices and Vice Chancellor constituting the Court en Banc.


STEELE, Chief Justice:

In this interlocutory appeal, we hold that the Superior Court judge erred when he found that a state agency complied with Delaware's Real Property Acquisition Act before it moved to condemn property. Where a state agency bases its initial offer to purchase property on an appraisal that contains flawed assumptions about the property's post-taking use, that agency cannot reasonably believe that it offered just compensation. The statute requires...

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