§ 518 — Rights-of-way; acquisition of; limitations on

Delaware § 518

• Jurisdiction: Delaware
• Title: 9
• Part: Provisions Affecting All Counties
• Ch. 5: SUBURBAN COMMUNITY IMPROVEMENTS
• Subch.: Sidewalks, Streets, Signs, Drainage, Storm Sewers

Text

(a) In the event that street rights-of-way are inadequate or where street rights-of-way are in question, the Division of Highways of the State Department of Transportation may acquire the rights-of-way necessary for the suburban community construction project. In every respect, the acquisition of such necessary street rights-of-way shall follow the then current practice of the Division of Highways of the State Department of Transportation in acquiring rights-of-way for contracts.

(b) In the event of notification by the county government pursuant to § 506 of this title, the Division shall determine whether the streets in question have been laid out or dedicated prior to January 1, 1971. The Division shall not require the right-of-way for streets laid out or dedicated prior to January 1, 1971, to be greater than 30 feet in width, unless a greater width has been set aside or dedicated in the original plan or map of such community.

Legislative History

45 Del. Laws, c. 123, § 33 ; 48 Del. Laws, c. 94, § 4 ; 9 Del. C. 1953, § 518; 59 Del. Laws, c. 215, § 2 ; 60 Del. Laws, c. 503, § 22