CHAPTER 154

AUTHORIZING THE STATE HIGHWAY DEPARTMENT TO PAY DAMAGES CAUSED BY FLOODING LANDS

AN ACT TO PROVIDE THE STATE HIGHWAY DEPARTMENT WITH FUNDS TO PAY THE DAMAGES OF CERTAIN RESIDENTS OF NEW CASTLE COUNTY AS A RESULT OF FLOODING OF LANDS CAUSED BY THE CONSTRUCTION OF A TIDEWATER GATE NEAR "RIVER ROAD", NEW CASTLE COUNTY.

WHEREAS, pursuant to an authorization and an appropriation provided for pursuant to the terms of "An Act to provide for the construction of two tidewater gates `River Road', New Castle County", Volume 48, Laws of Delaware, Chapter 995, the State Highway Department undertook to construct a tidewater gate for the protection of River Road, New Castle County, south of Augustine Beach; and

WHEREAS, by reason of said construction, project certain lands adjacent thereto were flooded and the owners thereof sustained considerable damage; and

WHEREAS, the State Highway Department has recognized that the flood damage was caused by interference with the natural drainage of the area by the construction project and failure to provide an alternate method of draining the area during the period of construction; and

WHEREAS, there are no funds available from the amount appropriated for this project to pay the damages caused by said project; NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The sum of Twenty Thousand Six Hundred Eighty-One Dollars and Sixty Cents ($20,681.60) is appropriated to the State Highway Department to pay the damages caused by the flooding of the land as a result of the construction of the tidewater gates at River Road, New Castle County, south of Augustine Beach to the owners of private lands damaged thereby.

Section 2. The State Highway Department is authorized, empowered and directed to pay the damages caused by said flooding to the persons in the amounts hereinafter set out as follows:

George L. Metz

$252.00

John G. Armstrong

525.00

Alice Willoughby

2,038.15

Caroline Keene

4,207.80

William Kux

1,876.70

Howard A. Fortner

3,360.70

Raymond W. Haffen

1,086.75

Hyland P. Bullen

2,843.75

Richard Betts

3,924.50

Joseph Schmidt

341.25

Anton Giataitis

225.00

Section 3. This act shall be known as a Supplementary Appropriation Act and the monies hereby appropriated shall be paid out of the General Fund of the State Treasury from funds not otherwise appropriated.

Approved June 22, 1953.