CHAPTER 238 - STATE HIGHWAY DEPARTMENT

AN ACT DIRECTING THE STATE HIGHWAY DEPARTMENT TO DRAIN CERTAIN LANDS ALONG HIGHWAYS UNDER THE CONTROL AND SUPERVISION OF THE STATE HIGHWAY DEPARTMENT.

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

Section 1. That from and after the passage and approval of this Act, the State Highway Department is hereby authorized and directed to drain or cause to be drained by suitable and sufficient ditches, or other conduits, waters which have backed upon lands along the right of way of any road or highway caused by the construction, alteration or changing of the natural contour lines and levels along and over the area confined within such right of way, whereby the natural flow and drainage from such lands along and over such right of way is retarded, hindered, or stopped.

Section 2. It is also the duty of said State Highway Department, and the said State Highway Department is hereby authorized and directed, at all times hereafter to cause suitable and sufficient ditches or other conduits to be constructed along the right of way of any road or highway hereafter constructed, altered or changed, whereby, because of such construction, alteration, or changing of such lands included in the right of way of such road or highway, the natural contour lines and levels of the lands included within such right of way of such road or highway would be changed, and waters would tend to collect upon and over the lands adjacent to such road or highway because of such change.

Section 3. It is also the duty of said State Highway Department, and the said State Highway Department is hereby authorized and directed, upon being notified that any lands along the right of way of any road or highway are covered with water resulting from the construction, alteration, or changing of such road or highway as provided in Section 1 and Section 2 of this Act, to forthwith drain, or cause to be drained by one or more ditches, or other conduits, such water from such lands.

Approved April 12, 1937.