CHAPTER 497

FORMERLY

HOUSE BILL NO. 924

AN ACT TO PROVIDE A SUPPLEMENTARY APPROPRIATION TO THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION TO BE USED IN COMPENSATING RICHARD H. LEE.

WHEREAS, Richard H. Lee suffered considerable damage to his property as the result of a rupture in a storm drain on Friday, December 8, 1972; and

WHEREAS, there is at this time a four-year old legislative mandate to set up an insurance program and bills have been introduced in this and former General Assemblies modifying the sovereign immunity of the State of Delaware; and

WHEREAS, the courts have stated that in cases such as this, "if all else fails, this case could be one where a special statute is appropriate" to compensate persons harmed through no fault of their own; and

WHEREAS, the inspection, installation and maintenance of the storm drain was originally the responsibility of the State of Delaware and the maintenance and inspection of the drain continues to be the responsibility of the State of Delaware.

NOW, THEREFORE:

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

Section 1. The sum of two thousand seven hundred fifty dollars ($2,750.00) is hereby appropriated to the Department of Highways and Transportation to be used in compensating Richard H. Lee for damages to his property as the result of a rupture in a storm drain on Friday, December 8, 1972.

Section 2. This Act is a supplementary appropriation act for the fiscal year ending June 30, 1975, and the funds hereby appropriated shall be paid by the State Treasurer from the General Fund of the State Treasury from moneys not otherwise appropriated.

Approved July 18, 1974.