Delaware General Assembly

CHAPTER 116

ROADS AND BRIDGES

AN ACT to Amend Chapter 55 of the Revised Code of the State of Delaware relative to the Laying Out, Widening, Changing and Vacating of Public Roads in Sussex County.

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

Section 1. That Chapter 55 of the Revised Code of the State of Delaware, be and the same is hereby amended, by adding to said Chapter the following Section to be known as 1602A. Sec. 122A:

1602A. Sec. 122A. With respect to the laying out of new public roads, or the widening, changing or straightening of public roads in Sussex County, notice in writing, signed by the persons interested therein, or someone or more of them, shall be delivered to the President of the Levy Court for Sussex County at least ten (10) days before the day fixed for the presentation of the petition to the Resident Judge, in which notice there shall be given a description of the road to be laid out, or widened, or changed, or straightened, or the part thereof, as the case may be, with the points of beginning and termination, so that it may be readily identified, and the time and place of the presentation of the petition to said Judge. Thereupon, the Levy Court, with the advice and assistance of the County Engineer, shall make or cause to be made inquiry into the matter, to determine the necessity therefor, the probable benefit to the public accruing therefrom and the probable cost thereof ; and the Levy Court shall make its report in writing to said Judge at the time of the presentation of the petition, including in said report all pertinent facts as disclosed by the inquiry, and their recommendation considering the necessity, probable benefit and cost.

If the recommendation of the Levy Court in respect of the matter contained in said petition shall be adverse to the prayer of the petition, the said Judge is authorized and empowered to refuse the prayer thereof, and to decline to appoint the Commission of Freeholders as provided in this Chapter.

Section 2. That said Chapter 55 be further amended, by adding thereto a new Section to be known as 1602B. Sec. 2B. as follows :

1602B. Sec. 2B. In all cases where existing public roads in Sussex County have been superseded, or their necessity has ceased to exist, by improved roads constructed by the State Highway Department, by the Levy Court of Sussex County, or by the said Department, and said County, the Levy Court of Sussex County shall have power to cause to be vacated or abandoned such existing public enclose roads or parts thereof, and to determine who shall enclose the same. The procedure, therefor, shall be as follows:

Whenever the necessity for the continuation of an existing public road in Sussex County, or a portion thereof, shall cease by reason of the construction of an improved road, as hereinabove stated, the Levy Court of Sussex County shall by resolution fix a time and place, at which persons interested may be heard with respect to the vacation or abandonment thereof. A copy of said resolution shall be published in a newspaper of Sussex County in at least two (2) issues thereof, prior to the date fixed for said hearing, and likewise, a copy of said resolution shall be sent by mail addressed to the owners of land touching upon said road, or part or portion thereof, at least ten (10) days before the day fixed for said hearing. The said copies shall be addressed to the owners at their last known post office addresses, if such can be ascertained by reasonable inquiry, otherwise the publication of said resolutions shall be deemed to be sufficient.

The Levy Court shall on the day and at the time fixed, proceed to hear persons interested, and shall consider any objection to the vacation or abandonment of said road, or part thereof, and shall determine concerning the same. If the Levy Court shall determine that no necessity exists for continuing the said public road, or part thereof, they may order the same to be vacated or abandoned and may determine who shall enclose the same. The order of the Levy Court shall be entered in the Road Books or Records of Sussex County, together with a description of the road, or that part thereof, ordered to be vacated or abandoned, and thereupon the said road, or part thereof, shall cease to exist as a public road of Sussex County, and the persons entitled to enclose the same may proceed to use and occupy the abandoned road, or part thereof.

The provisions of Sections 1602A. Sec. 122A. and Section 1602B. Sec. 122B. shall not apply to any public road laid out by special act of the General Assembly, and all Acts inconsistent herewith are hereby repealed.

Approved April 13, 1931.