CHAPTER 2
PUBLIC LANDS
AN ACT relating to the Public Lands of the State of Delaware and the supervision and control thereof.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. On and after July 1, 1929, the Public Lands of the State of Delaware, as ascertained in regard to location, surveyed and plotted under the supervision and direction of the Public Lands Commission, created in accordance with the provisions of Chapter 5, Volume 27, Laws of Delaware, shall be under the supervision and control of the State Highway Department, which Department is hereby authorized and empowered to care for the said Public Lands and all powers given to said Public Lands Commission shall thereafter be exercised by the said Department.
Section 2. The State Highway Department is further authorized to survey such of the said Public Lands that may not have been surveyed, plotted and recorded in the office of the Recorder of Deeds in the County in which any such Lands may lie ; to survey and lay off such Public Highways through any such Lands as they may deem advisable and for the public good; to supervise the sale of any material, product or thing which may grow or may be grown upon any such lands ; to divide said Public Lands into tracts of fifty (50) acres, or less ; and to sell such tracts, or any part of any such tracts, as shall be deemed advisable to sell.
Section 3. The State Highway Department is also authorized and empowered to construct any road or roads leading to or through any such Public Lands which are under the supervision and control of the said Department; to make plans and specifications for the construction of such road or roads and to secure bids for the construction of the same ; to enter into contract or contracts for the construction of such road or roads as may be deemed wise; and to pay the costs of the plans, specifications and construction work incident to the building of such road or roads out of any monies to the credit of said Department in the State Treasury.
Section 4. The State Highway Department, together with the Governor of this State, is hereby authorized and empowered to execute and deliver a good and sufficient deed to any part of said Public Lands of the State of Delaware, and to place upon the sale of such lands a restriction requiring the expenditure by any person or persons purchasing the same of a certain amount of money upon any tract sold to them, or to require any other conditions which the said Department may deem advisable for the public good. Whoever shall purchase any of the said Public Lands under any restrictions or conditions of the said Department, and shall fail for a period of five (5) years to comply with the restrictions or conditions mentioned in the Deed of Grant from said Department, shall forfeit said Lands to the State of Delaware, and the title to same shall thereafter rest in the State.
Section 5. That the State Highway Department may be enabled to carry out the provisions of this Act, all monies kept in the hands of the Public Lands Commission shall be placed in the State Treasury to the credit of the State Highway Department, and any monies, other than appropriated by the General Assembly, realized from the care and supervision of Public Lands of this State shall be deposited with the State Treasurer for the use of the said State Highway Department in carrying out the provisions of this Act; provided, however, no public money shall be expended under the provisions of this Act on any road or roads leading to or through any Public Lands of this State with privately owned lands abutting thereon unless and until the owners of said abutting lands shall have reached or entered into an agreement with the said Highway Department as to whether or not a contribution toward the cost of such road or roads shall be made by said owner of such lands.
Section 6. All Acts or parts of Acts inconsistent with this Act are hereby repealed, in so far as the inconsistencies exist.
Approved April 18, 1929.