CHAPTER 401

FORMERLY

HOUSE SUBSTITUTE NO. 1 FOR HOUSE BILL NO. 491

AN ACT TO AMEND CHAPTER 45 OF TITLE 7 OF THE DELAWARE CODE TO ALLOW FOR TITLE OR INTEREST IN PUBLIC LANDS TO BE OBTAINED ONLY BY DEED OR WRITTEN INSTRUMENT.

WHEREAS, the public lands of the State of Delaware constitute a valuable asset held for the benefit of the general public, not only as a source of natural beauty and conservation, but also as a recreational resource for enjoyment by all citizens; and

WHEREAS, it is in the best interest of the general public for the State to preserve and protect the integrity of Its title to these public lands; and

WHEREAS, acknowledging the differing ability to preserve and protect the integrity of title to land as between private owners thereof and the State for the benefit of the general public, the General Assembly deems it desirable to legislatively confirm the common laws, clarify existing law and declare the exclusive method for acquisition of title or other interest in land belonging to the State.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 45 of Title 7 of the Delaware Code by adding a new section to read as follows:

"§4519. Title or Interest in Public Lands Obtainable Only by Deed or Conveyance or Written Instrument.

No title or other interest In real property belonging to the State of Delaware shall be acquired by adverse possession, presumed grant, or any means other than by a deed or conveyance or other written instrument of transfer executed by a duly authorized official of the State of Delaware pursuant to State law."

Approved July 21, 1982.