§ 6207 — Damages; claimants

(a) In addition to all necessary costs of investigation and prosecution claims for damages for economic loss, arising out of or directly resulting from oil pollution, may be asserted for:

(1) Cleanup costs;

(2) Injury to, or destruction of, real or personal property;

(3) Loss of use of real or personal property;

(4) Injury to, or destruction of, natural resources;

(5) Loss of use of natural resources;

(6) Loss of profits or impairment of earning capacity due to injury or destruction of real or personal property or natural resources; and

(7) Loss of tax revenue for a period of 1 year due to injury to real or personal property.

(b) A claim authorized by subsection (a) of this section may be asserted:

(1) Under any items, by the Attorney General on behalf of the State, its citizens or subdivisions; however, the right of any claimant or claimants to proceed in their own behalf shall not be impaired;

(2) Under paragraph (a)(1) of this section, by any claimant;

(3) Under paragraphs (a)(2), (3) and (5) of this section, by any claimant, if the property involved is owned or leased, or the natural resource involved is utilized, by the claimant;

(4) Under paragraph (a)(4) of this section, by the Governor, as trustee for natural resources over which the State has sovereign rights;

(5) Under paragraph (a)(6) of this section, by any claimant, if the claimant derives at least 15 percent of his or her income from activities which utilize the property or natural resource;

(6) Under paragraph (a)(7) of this section, by the State or political subdivision thereof.

Legislative History

61 Del. Laws, c. 127, § 1 ; 70 Del. Laws, c. 186, § 1