CHAPTER 550

SENATE BILL NO. 419

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

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

WHEREAS, the Department of Highways and Transportation, Division of Highways, has determined that it is necessary and beneficial to acquire in some instances a lesser interest than a fee simple absolute in real property.

NOW, THEREFORE:

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

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

"§137. Acquisition and sale of real property.

(a) The Department, in the name of the State, 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, be authorized by law to acquire such property or property rights in connection with highways and streets within is jurisdiction. Property rights so acquired shall be in fee simple absolute or such lesser interest as the Department may deem appropriate.

(b) When any property heretofore 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 an unbiased fee appraiser, granting any conveying to the purchaser thereof a fee simple title thereto or such lesser interest as the Department may possess."

Approved July 7, 1976