CHAPTER 104

NEW CASTLE COUNTY LEVY COURT REGARDING ROAD LIENS IN WILMINGTON MANOR

AN ACT TO AUTHORIZE THE LEVY COURT OF NEW CASTLE COUNTY TO CANCEL, ADJUST OR ABATE CERTAIN SUBURBAN ROAD LIENS IN WILMINGTON MANOR, NEW CASTLE COUNTY, DELAWARE.

WHEREAS, the Levy Court of New Castle County pursuant to authority granted in Chapter 123, Volume 45, Laws of Delaware, 1944-45, as amended, has the power and authority to establish Suburban Community Projects under certain terms and conditions, and

WHEREAS, the said Levy Court has pursuant to the aforementioned power established such a project in Wilmington Manor, New Castle County, State of Delaware, and

WHEREAS, the following events have taken place:

Certain property owners in the aforementioned Suburban Community petitioned the said Levy Court for suburban road improvements which included the paving of Van Buren Avenue to New Jersey Avenue. The property owners at the corner of Van Buren and New Jersey Avenues were included in the said Suburban Community Project and were entitled to vote at a referendum held pursuant to the statute. The results of the referendum indicated approval by the majority of the property owners.

Subsequent to the referendum but before completion of the road improvements a developer building houses on Van Buren Avenue outside the limits of the aforementioned Suburban Road Project paved part of Van Buren Avenue. This paving by the developer extended approximately 150 feet into the limits of the above mentioned project. This 150 feet was completed by the developer at his own expense in order to comply with a Federal Housing Act requirement that such paving be installed before he could make settlement for the houses which he was building.

Some of the property owners facing on this improvement reimbursed the developer in part for the cost of the work done in front of their property. The work done by the developer was done in accordance with State Highway specifications and accepted by the State Highway Department.

The contractor who performed the work on the aforementioned project was not required to and in fact did not repave the aforementioned 150 foot strip and was not paid for the work done by the developer. Due to the original designation of the limits of the project certain property owners whose property faces on the aforementioned 150 foot strip were included in the Suburban Road Lien District and consequently were assessed a proportionate amount of the cost of the project in the form of a Suburban Road Lien of record against their property.

WHEREAS, it appears to be inequitable and unjust that certain of the property owners along the 150 foot strip should be required to pay twice for the road in front of their property, and

WHEREAS, the Levy Court of New Castle County does not in and of itself have the power to correct this injustice, and

WHEREAS, this unjust situation exists because of a mistake emphasized by the inclusion of the aforementioned properties within the aforesaid Suburban Road Lien District, and

WHEREAS, the properties affected are lots 685, 686 (with respect to its frontage on Van Buren Avenue only) 720, 721 and 722, NOW, THEREFORE,

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

Section 1. That the Levy Court of New Castle County be and it is hereby authorized to cancel, adjust or abate the Suburban Road Liens or any portion thereof of record against any or all of lots 685, 686 (with respect to its frontage on Van Buren Avenue only) 720, 721 and 722 in Wilmington Manor, New Castle County, State of Delaware, whenever and wherever the said Levy Court shall find that an inequity exists and shall deem it just and proper so to do.

Approved May 14, 1951.