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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 I