CHAPTER 256

FORMERLY HOUSE BILL NO. 279

AS AMENDED BY HOUSE AMENDMENT NO. 1

AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 1, TITLE 17, DELAWARE CODE, RELATING TO THE ACQUISITION AND SALE OF REAL PROPERTY AND THE POWER OF EMINENT DOMAIN BY THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION.

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

Section 1. Amend Section 137, Chapter 1, Title 17, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

§ 137. Purchase, sale and disposition of real property

(a) The Department, in the name of the State of Delaware, may acquire private or public property and property rights for highway facilities and service roads, including rights to access, air, view and light by gift, devise, purchase or in the exercise of the power of eminent domain, acquire the same by condemnation by proceeding in the manner prescribed in Chapter 61, Title 10, Delaware Code, in the same manner as such is now or may, after date of enactment of this measure, be authorized by law to acquire such property or property rights in connection with highways and streets within its jurisdiction. All property rights so acquired shall be in fee simple absolute.

(b) When any property heretofor or hereafter acquired, either by gift, purchase or condemnation, is no longer needed for highway purposes, the Department may sell the same, at a price to be determined by unbiased fee appraiser, granting and conveying to the purchaser thereof a fee simple title thereto.

Section 2. Amend Section 138, Chapter 1, Title 17, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following:

§ 138. Acquisition of uneconomic remnants of land along right-of-way

In addition to the powers now vested in the Department for the acquisition of lands or rights therein by virtue of any statute, the Department may, in its discretion, acquire by gift, devise, purchase or in the exercise of the power of eminent domain, acquire by condemnation by proceeding in the manner prescribed in Chapter 61, Title 10, Delaware Code, an entire lot, block or tract of land if, by so doing, the interests of the public will be best served even though said entire lot, block or tract is not needed for the right-of-way proper but only if the portion outside the normal right-of-way is landlocked or is so situated so as to give rise to claims or litigation concerning severance or other damage and that the cost of acquisition to the State will be practically equivalent to the total value of the whole parcel of land and where the parcel remaining is of such little value to the owner.

Approved July 10, 1971.