Delaware § 605 Promulgation of rules and regulations by state agencies — Review by Attorney General to determine effect on private property right

Delaware Statutes

§ 605 — Promulgation of rules and regulations by state agencies — Review by Attorney General to determine effect on private property right

Delaware·Title 29·Part General Provisions·Ch. 6 MISCELLANEOUS PROVISIONS

(a)No rule or regulation promulgated by any state agency shall become effective until the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing as to the potential of the rule or regulation to result in a taking of private property.

(b)Judicial review of actions taken pursuant to this section shall be limited to whether the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing.

(c)The term “taking of private property” as used under this section shall mean an activity wherein private property is taken such that compensation to the owner of that property is required by the Fifth and Fourteenth Amendments to the Constitution of the United States or any other similar or applicable law of this State

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(a) No rule or regulation promulgated by any state agency shall become effective until the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing as to the potential of the rule or regulation to result in a taking of private property.

(b) Judicial review of actions taken pursuant to this section shall be limited to whether the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing.

(c) The term “taking of private property” as used under this section shall mean an activity wherein private property is taken such that compensation to the owner of that property is required by the Fifth and Fourteenth Amendments to the Constitution of the United States or any other similar or applicable law of this State.

(d) Nothing in this section shall affect any otherwise available judicial review of agency action.

Delaware § 605 (Promulgation of rules and regulations by state agencies — Review by Attorney General to determine effect on private property right) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.