CHAPTER 113
ROADS AND BRIDGES
AN ACT to amend Chapter 55, Revised Code of Delaware, and providing for the widening, straightening or altering the course of Small Runs or Creeks in New Castle County. Be it enacted by the Senate and House of Representatives in General Assembly met:
Section 1. That Chapter 55, Revised Code of Delaware, be and the same is hereby amended by adding immediately after 1523, Section 43, of said Chapter 55, the following new Section to be styled 1523 A, Section 43 A.
1523 A. Section 43 A. In case the Levy Court of New Castle County may, upon the advice of the County Engineer of said County, shall deem it advisable to widen, straighten or alter the course of any part of any small run or creek in said County, such as Chestnut Run or Little Mill Creek at Forest Park, in Christiana Hundred, in said County, the said Levy Court and the said County Engineer shall have authority and locate to enter upon any land for the purpose of surveying and locating the changes necessary to widen, straighten or alter Land may be the course of any part of such run or creek. Any person or dedicated corporation owning land which it will be necessary to procure for the purpose aforesaid may dedicate the same for such purpose, and the said Levy Court may enter into negotiations with such owner or owners for that purpose, and may secure Levy Court the necessary conveyance or dedication of such land. The said Levy Court may also purchase such land from the owner or owners thereof upon such terms as said Levy Court may deem advisable. All conveyances and dedications shall be to the State of Delaware, for the use of New Castle County, and all conveyances, dedications and other papers relating to the acquirement of such land for such purpose as aforesaid shall be and remain a part of the records of the office of the said County Engineer.
In case the said Levy Court cannot agree with the owner or owners of such lands, the said Levy Court may apply to the Associate Judge of the Superior Court of the State of Delaware, resident in New Castle County, and cause the same to be condemned, and acquire the same under the provisions of Sections 122 to 125 inclusive of Chapter 55, Revised Code of Delaware.
Approved March 5, 1931.