CHAPTER 120

ELECTION FOR INCREASING TERRITORIAL LIMITS OF CITIES AND INCORPORATED TOWNS

AN ACT RELATING TO INCREASING THE TERRITORIAL LIMITS OF CITIES AND INCORPORATED TOWNS; PROVIDING FOR REFERENDUM.

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

Section 1. The General Assembly shall not enact any law extending the limits of any city or incorporated town in this state so as to include any portion of the adjoining or adjacent territory until after the question of such inclusion shall have first been submitted at a special election to the qualified voters and real estate owners of the territory proposed to be annexed and included in the limits of said city or incorporated town. At such election, if the majority of the qualified voters and real estate owners in such territory shall vote approval to be included within the limits of said city or incorporated town, then and only then shall such territory be included within the limits of said city or incorporated town. Such special election shall be held by the proper election officers of the district or districts embracing said territory. Each real estate owner shall be entitled to one vote for each One Hundred ($100.00) Dollars of real estate assessed to him or her on the assessment records of the county in which said territory is embraced. Each qualified voter, not being the owner of real estate within said territory, shall be entitled to one vote.

Approved March 14, 1939.

Religious, Reformatory and Charitable Institutions