CHAPTER 375

AN ACT TO AUTHORIZE A HIGHWAY CROSSING AT GRADE IN LITTLE CREEK HUNDRED, SUSSEX COUNTY, OVER THE SEAFORD SECONDARY TRACKS OF THE PENN CENTRAL RAILROAD.

WHEREAS, the condition of the travelway of Road No. 499 where said roadway crosses, at grade, the Seaford Secondary Tracks of the Penn Central Railroad at a location approximately one half of a mile south of the southerly limits of the Town of Laurel in Little Creek Hundred, Sussex County, has deteriorated to a point where it has become a hazard to motor vehicular traffic using said crossing; and

WHEREAS, the Attorney General of Delaware has indicated, in an opinion, that since the grade crossing in question is not a public crossing and according to the provisions of Section 707, Title 17, Delaware Code, the State Highway Department is prohibited from constructing a crossing at grade at the aforementioned location; and

WHEREAS, a proper construction of the said grade crossing is considered essential to the safety of motor vehicular traffic utilizing such crossing;

NOW, THEREFORE,

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

Section 1. The State Highway Department is authorized to construct at grade a crossing in Little Creek Hundred, Sussex County over the Seaford Secondary Tracks of the Penn Central Railroad at a location approximately one half of a mile south of the southern limits of the Town of Laurel; said location being the site where Road No. 499 currently crosses said tracks at grade.

Section 2. The construction of said crossing at grade provided for in Section 1 hereof is authorized notwithstanding the provisions of Section 707, Title 17, Delaware Code.

Approved April 16, 1970.