CHAPTER 277

STATE HIGHWAY DEPARTMENT

AUTHORIZED TO VACATE PUBLIC ROADS

AN ACT AUTHORIZING THE STATE HIGHWAY DEPARTMENT TO VACATE PUBLIC ROADS WHICH HAVE BEEN SUPERSEDED BY IMPROVED ROADS OR HIGHWAYS.

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 striking out and repealing all of 1682 Section 38 of said Chapter and by substituting in lieu thereof the following:

1682. Section 38. In all cases where existing public roads in the State of Delaware have been superseded, or their necessity has ceased to exist as a part of the general highway system of the State of Delaware, by improved roads or highways constructed by the State Highway Department, the State Highway Department shall have power to vacate and abandon such public road or such part thereof as said Department may deem proper, and to determine who shall enclose the same. The procedure therefor shall be as follows:

Whenever the necessity for the continuation of an existing public road in the State of Delaware, or a portion thereof, shall cease by reason of the construction of an improved road, as hereinabove stated, the State Highway Department shall by resolution fix a time and place, at which persons interested may be heard with respect to the vacation or abandonment thereof. A copy of said resolution shall be published in a newspaper of the County in which said public road is located in at least two (2) issues thereof, prior to the date fixed for said hearing, and likewise, a copy of said resolution shall be sent by mail addressed to the owners of land touching upon said road, or part or portion thereof, at least ten (10) days before the day fixed for

said hearing. The said copies shall be addressed to the owners at their last known post office addresses, if such can be ascertained by reasonable inquiry, otherwise the publication of said resolution shall be deemed to be sufficient.

Section 2. That Chapter 55 of the Revised Code of Delaware, 1935, be and the same is hereby further amended by striking out and repealing all of 1683 Section 39 of said Chapter and by substituting in lieu thereof the following:

1683. Section 39. The State Highway Department shall on the day and at the time fixed, proceed to hear persons interested, and shall consider any objection to the vacation or abandonment of said road, or part thereof, and shall determine concerning the same. If the said State Highway Department shall determine that no necessity exists for continuing the said public road, or part thereof, they may order the same to be vacated or abandoned and may determine who shall enclose the same. The order of the State Highway Department shall be entered in the road books or records of the County in which the said public road is located, together with a description of the road, or that part thereof, ordered to be vacated or abandoned, and thereupon the said road, or part thereof, shall cease to exist as a public road, and the person or persons entitled to enclose the same may proceed to use and occupy the vacated or abandoned road.

Approved June 15, 1949.