CHAPTER 103

ROADS AND BRIDGES

PROVISION FOR THE NOTICE REQUIRED IN PROCEEDINGS TO VACATE PUBLIC ROADS AND BRIDGES

AN ACT TO AMEND CHAPTER 55 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO ROADS AND BRIDGES, BY PROVIDING FOR THE NOTICE REQUIRED IN PROCEEDINGS TO VACATE PUBLIC ROADS AND BRIDGES.

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 Delaware, 1935, be and the same is hereby amended, by inserting an additional paragraph at the end of 1673, Sec. 29, as follows:

The provisions of this section with respect to notice to all parties in interest shall not apply where the intended application relates only to the vacation of roads or bridges or any part thereof, and in such cases it shall be sufficient to give notice to the State Highway Department, if it is not the applicant, and to all persons owning property which abuts upon and is contiguous to, or which is accessible only by, along or across that part of the road or bridge desired to be vacated, by mailing to the State Highway Department and to such persons or their legal representatives, if known, at their last known post office address written notice of the intended application at least ten days prior to its presentation to the Court of General Sessions, or to the Resident Judge, and also by publishing notice to all parties in interest, in some newspaper of general circulation in the County in which such road or bridge is located, of the intended application at least five days previous to its presentation.

Approved February 19, 1943.

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