CHAPTER 264 - STATE HIGHWAY DEPARTMENT

AN ACT TO AMEND AND SUPPLEMENT CHAPTER 166 OF THE REVISED CODE OF DELAWARE OF 1935 BY AUTHORIZING THE STATE HIGHWAY DEPARTMENT TO ACQUIRE, PURCHASE, SELL AND CONVEY REAL PROPERTY IN FEE SIMPLE.

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

Section 1. That Chapter 166 of the Revised Code of Delaware of 1935 be and the same is hereby amended and supplemented by adding thereto immediately following 5759. Sec. 40, a new paragraph to be known as 5759 A. Sec. 40 A as follows:

5759 A. Sec. 40 A. The Department is hereby invested with full power and authority to acquire by gift, devise, grant or purchase such real property as in its judgment is needed for the highway system of the State and to hold the title thereto in fee simple in the name of The State of Delaware; and when any property heretofore or hereafter acquired is no longer needed to sell the same, granting and conveying to the purchaser thereof a fee simple title thereto. The foregoing provisions shall not apply to any property acquired by condemnation.

Section 2. That Chapter 166 of the Revised Code of Delaware of 1935 be and the same is hereby amended by repealing and striking out the second sentence of the second paragraph of 5730. Sec. 11 and inserting in lieu thereof the following:

"Whenever any property shall be so acquired by the Department, the title to such property shall be in the State for the purposes for which it was acquired."

Approved March 19, 1941.