CHAPTER 450

FORMERLY

SENATE BILL NO. 609

AN ACT TO AMEND CHAPTER 1 OF TITLE 17, DELAWARE CODE, RELATING TO GENERAL JURISDICTION OF THE DEPARTMENT OF HIGHWAYS AND TRANSPORTATION.

WHEREAS, the 128th General Assembly passed in its First Session and Governor Tribbitt signed an Act to amend Chapter I, Title 17 of the Delaware Code (Senate Bill No. 313); and

WHEREAS, paragraph (g) of this Act required the Department of Highways and Transportation, Division of Highways, upon dedication of the right of way to public use, to maintain, repair and reconstruct all roads and streets situated in unincorporated suburban communities which were built between July 1, 1951, and July 1, 1975; and

WHEREAS, a specific deadline in which to dedicate or remain private was never included in such legislation as well as funds to effectuate any repairs or maintenance on such dedicated roads; and

WHEREAS, the omission of a time schedule and the necessary funds places undue hardship upon the Department as to work schedules and availability of materials; and

WHEREAS, the lack of a time element allows private suburban communities with good streets at present to wait until they are in poor shape for decision making which necessitates excessive amounts for proper maintenance to be expended.

NOW, THEREFORE:

Be it enacted by the General Assembly of the State of Dela ware:

Section 1. Amend §131(g) of Chapter 1, Title 17,

Delaware Code, by adding thereto a new sentence to read as follows:

"Dedication of the right-of-way must occur prior to June 30, 1978, to qualify for the aforementioned responsibilities under the auspices of this section."

Approved June 10, 1976