§ 1525 — Creeks or small runs; widening, straightening

(a) In case the County Council, upon the advice of the Department of Public Works deems it advisable to widen, straighten or alter the course of any part of any small run or creek in the County, such as Chestnut Run or Little Mill Creek at Forest Park, in Christiana Hundred, the County Council and the Department of Public Works may enter upon any land for the purpose of surveying and locating the changes necessary to widen, straighten or alter the course of any part of such run or creek.

(b) Any person owning land which it will be necessary to procure for such purpose may dedicate the same for such purpose, and the County Council may enter into negotiations with the owner or owners for that purpose, and may secure the necessary conveyance or dedication of the land. The County Council may also purchase the land from the owner or owners thereof upon such terms as the County Council deems advisable. All conveyances and dedications shall be to this State, for the use of New Castle County, and all conveyances, dedications and other papers relating to the acquirement of such land for such purpose shall be and remain a part of the records of the office of the Department of Public Works.

(c) In case the County Council cannot agree with the owner or owners of such lands, the County Council may acquire the same by condemnation in accordance with Chapter 61 of Title 10.

Legislative History

Code 1915, § 1523A; 37 Del. Laws, c. 113 ; Code 1935, § 1164; 9 Del. C. 1953, § 1526; 55 Del. Laws, c. 85, § 7M ; 71 Del. Laws, c. 401, § 15