§ 702 — Elimination of grade crossings; ascertainment of damages to owners

Whenever eliminating any grade crossing in this State is desired, either by lowering or raising the grade of any public road at such grade crossing, whereby it becomes necessary to take or occupy any property for the purpose of eliminating such grade crossing, or whereby any damage will be done to any property adjacent thereto, the owners of such property shall be paid or tendered such damages as they shall respectively be entitled to receive, whether the damages shall be caused by the Department or by any railroad company or companies whose tracks or roadbeds are located at the crossings, which damages shall be assessed as in cases of condemnation in accordance with the procedure prescribed in Chapter 61 of Title 10.

Legislative History

27 Del. Laws, c. 168 ; Code 1915, § 1615; 40 Del. Laws, c. 107 ; Code 1935, § 1702; 17 Del. C. 1953, § 706