CHAPTER 338

AN ACT AUTHORIZING THE STATE HIGHWAY DEPARTMENT TO CONSTRUCT AND MAINTAIN A DAM ACROSS THE MILLSBORO POND ADJACENT TO INDIAN RIVER; ESTABLISHING THE POWER OF THE DEPARTMENT TO ACQUIRE SAID DAM SITE AND MAKING AN APPROPRIATION THEREFOR.

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

Section 1. The State Highway Department is hereby authorized and empowered to construct, reconstruct, maintain and repair a Darn across the Millsboro Pond at the site of a presently existing dam, adjacent to the Indian River.

Section 2. The Department is further authorized and empowered to acquire by purchase or otherwise, on such terms and conditions as it may deem proper, or by the exercise of the powers of eminent domain such public lands or parts thereof or rights therein, and any fee absolute or any lesser interest in such private property as it may deem necessary for the carrying out of the provisions of this Act, including any fee simple absolute in, easements upon or the benefit of restrictions upon, abutting property to preserve and protect the dam site.

Section 3. As a matter of legislative intent, the General Assembly hereby finds, determines and declares, that a pressing public need exists for providing an adequate dam across the Millsboro Mill Pond as a means of water conservation and to protect the adjacent highway.

Section 4. There is hereby appropriated to the State Highway Department the sum of $45,000 for the purpose of carrying out the provisions of this Act. This Act is a supplementary appropriation and the monies hereby appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware.

Section 5. Nothing contained herein nor any action taken by the Department pursuant to the authority contained in this Act shall be deemed an admission by or on behalf of the State of Delaware that it lacks title to any property, real or personal, condemned pursuant to this Act, the purpose of this Act being to enable the State to acquire title to the dam at Millsboro Mill Pond if it does not already have such title or other interest in said dam.

Approved February 20, 1962.

Note: Section 1 of this Act will appear as Section 145, Title 17, Delaware Code; Sections 2-5 will appear as a note under § 146.