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1977 Delaware Attorney General Reports and Opinions 1 (1977)

handle is hein.sag/sagde0059 and id is 1 raw text is: 9-1-'6oi

STATE OF DELAWARE
DEPARTmiNT oF JUSTIoE
JAN 0 6 197f

RICHARD R.WIER. JR.
ATTORNEYGENERAL

OPINION TO:      David R. Keifer, State Planner
State Planning Office
OPINION BY:      Jerry W. Homer, Assistant Attorney General
QUESTION:        Does the Budget Commission have authority to require that
land acquired with money from the Advanced Land Acquisition
Fund be held by an agency in the Executive Branch of the
State Government until funding for the school project re-
quiring such land is assured?
REQUEST NUMBER: 4S-711
ANSWER:          Yes, the Advanced Land Acquisition Fund, established pursuant
to Title 29, Chapter 91, Subchapter III of the Delaware Code,
may be used to purchase land for school districts, but title
to such land must be held by the State until reimbursement of
the Fund is assured.
DISCUSSION:      The statute confers a benefit upon school districts. Statutory
grants are strictly construed in favor of the State. Only such rights may be
exercised under the grant as appear affirmatively, specifically, definitely,
irresistibly, explicitly or expressly. Every reasonable doubt created by the
language of the statute must be resolved so as to limit the rights claimed under
it.
The statute provides:
(t)he fund shall be expended for advance land acquisition by
state agencies... (Section 9130).
Any moneys for advanced land acquisition provided by the
Budget Commission to a state agency which shall not be expended by the agency
within twelve months shall revert to the Budget Commission to be redeposited

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