Delaware General Assembly




Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 271, Volume 45, Laws of Delaware, 1945, be and the same is hereby amended by adding at the end of Section 2 thereof the following sentence: ,

In a location not adjacent to a city or town control measures taken for the eradication of mosquitoes shall be such as not to be injurious to wild life.

Section 2. That Chapter 271, Volume 45, Laws of Delaware, 1945, be and the same is hereby amended by adding five new Sections to said Chapter following Section 2 thereof, as follows:

Section 3. Nuisance Declared:--Any accumulation of water in which mosquitoes are breeding, or are likely to breed, is hereby declared to be a nuisance.

Section 4. Publication of Notice of Entry, Claims, Damages and Payments:--Before entering upon any such lands for such purposes as outlined under Section 2, the Department shall publish at least once during the year, immediately following the approval by the Department of its plans for work during the ensuing year, in at least two newspapers in the county where work is to be performed and in which such a paper is published, a general description of the land with the names of the owners thereof as shown by the last assessment rolls, if known, if the name of the owner or owners be unknown that fact must be stated and published. Any person objecting to or who is aggrieved or who claims damages due to the execution of the work
of the Department, shall file a protest with the Department setting forth his grievance or claim. The Department shall thereupon and within thirty days after the filing of such protest or claim, set a day for a public hearing thereof. In all such cases the decision of the Department to the necessity of such work shall be final. Any damage claimed by any party on account of entry work of the Department upon his property shall be determined by action in court to be tried in the county; and the amount of any damage that may be awarded such party shall be paid by the Department.

Section 5. Obstructions; Interferences:--Any person who obstructs or interferes with the entry of the commission or its employees upon land or who obstructs or interferes with, molests, or damages any of the work performed by the commission shall be guilty of a misdemeanor.

Section 6. There is hereby appropriated to the State Highway Department for the purpose of aiding in carrying out control measures for the eradication of mosquitoes the sum of One Hundred and Twenty-five Thousand Dollars ($125,000.00), which sum shall be available to said State Highway Department during the remainder of the fiscal year ending on the 30th day of June, A. D. 1947 and throughout both years of the ensuing biennium ending on the 30th day of June, A. D. 1949. Any part of said appropriation not expended for the purpose stated by the 30th day of June, A. D. 1949, shall revert to the General Fund of the State Treasury.

Section, 7. This Bill shall be known as a Supplementary Appropriation Bill and the amount hereby appropriated shall be paid out of the General Fund of the State Treasury not otherwise appropriated.

Approved April 18, 1947.