CHAPTER 406

STATE HIGHWAY DEPARTMENT

EMPOWERED TO DESIGNATE CERTAIN HIGHWAYS AS

"EXPRESS HIGHWAYS"

AN ACT EMPOWERING THE STATE HIGHWAY DEPARTMENT TO DESIGNATE CERTAIN HIGHWAYS AS EXPRESS HIGHWAYS; DEFINING AN "EXPRESS HIGHWAY;" AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS IN CONNECTION THEREWITH; AND REGULATING THE SAME.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members elected to each House concurring therein):

Section 1. The State Highway Department of the State of Delaware is authorized and empowered in the construction and operation of The Delaware Memorial Bridge to designate the westerly approach or approaches to said Bridge and any road or roads hereafter constructed by the State Highway Department fcr the purpose of connecting said Bridge or its westerly approach or approaches with any existing highway in the State of Delaware as an Express Highway as defined in Section 2 of this Act.

Section 2. The term "Express Highway" as used in this Act shall mean a state highway especially designed for through traffic over which owners of abutting property shall have no easement or right of direct access, light or air, by reason of the fact that this property abuts on such highway. An "Express Highway" shall have only such public entrances or exits as shall be designated by the State Highway Department and may be with or without service roads in the discretion of said Department.

Section 3. In acquiring land for any Express Highway, the State Highway Department shall have authority to arrange with landowners, at the time of purchase of the rights-of-way for such highway or portion thereof, or thereafter if such right-of-way has already been acquired, for control of public or private ac-

cess or for complete exclusion of direct access of abutters to the right-of-way of said highway. Such arrangements shall be made a part of the purchase of said rights-of-way. In the event no agreement can be reached between the parties, the State Highway Department shall have the power to acquire said rights of access and rights of air and light by condemnation.

Section 4. It shall be unlawful for any person to drive any vehicle into an Express Highway from any local, service or feeder road or from any property abutting an Express Highway except at points designated by or through openings provided for that purpose by the State Highway Department. Any person who violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction therefor before a Justice of the Peace shall be fined not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) or shall be imprisoned for a period of not less than five (5) days or more than 30 days.

Section 5. If any provision of this Act and the application thereof to any person or circumstances is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 6. This Act shall become effective immediately upon its approval by the Governor.

Approved July 1, 1949