Delaware Statutes

§ 2402 — Acquisition by purchase or eminent domain; condemnation proceedings

Delaware·Title 9·Part New Castle County·Ch. 24 GARBAGE DISPOSAL
(a)The County Council may acquire the land or interest therein either by purchase or by the exercise of the right of eminent domain which is expressly granted. In any case in which the County Council considers it necessary to acquire the land or interest therein by the right of eminent domain, the County Council shall proceed in accordance with the procedure prescribed in Chapter 61 of Title 10.
(b)The right of eminent domain granted in subsection (a) of this section shall extend to and include the right to acquire the fee simple title to land, or an easement or a right-of-way in, to, over or above such land or property as the County Council deems necessary.
(c)Upon the institution of condemnation proceedings, the County Council may state in the complaint that the possession, right to

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Legislative History

48 Del. Laws, c. 377, § 2 ; 9 Del. C. 1953, § 2402; 55 Del. Laws, c. 85, §§ 16A-16C ; 71 Del. Laws, c. 401, § 15

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