(a) State agencies may permanently protect land for the following purposes, to carry out and expand on the intent of the Open Space Program:
(1) To protect and conserve all forms of natural and cultural resources.
(2) To protect and conserve the biological diversity of plants and animals and their habitat.
(3) To protect or expand existing or planned parks, forests, wildlife areas, nature preserves or other recreation, conservation, or cultural sites.
(4) To preserve sites of special natural, cultural, or geological interest.
(5) To connect existing open spaces into a cohesive system of greenways and resource areas.
(6) To provide for public outdoor recreation.
(7) To allow for water resource conservation.
(b) State agencies may permanently protect land pursuant to this chapter by the use of direct acquisition for cash, by purchase money mortgage, by installment sale, or by other methods or incentives as determined by the Secretary after consultation with the Secretary of Finance. State agencies shall not exercise the “right of eminent domain” or adopt regulations to restrict or otherwise control the development of land that is privately held and that may be eligible for permanent protection under this chapter to carry out the purposes of this chapter. Participation in the Open Space Program and all transactions to permanently protect land under this chapter shall be voluntary.
67 Del. Laws, c. 352, § 1; 80 Del. Laws, c. 354, § 1.
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