CHAPTER 405

FORMERLY

SENATE BILL NO. 261

AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE 11 OF THE CONSTITUTION OF THE STATE OF DELAWARE RELATING TO PRIVATE SUBDIVISION STREETS BEING RECONSTRUCTED TO STATE STANDARDS PRIOR TO THEIR ACCEPTANCE FOR MAINTENANCE.

WHEREAS, an Amendment to the Constitution of the State of Delaware was proposed in the 131st General Assembly being Chapter 119, Volume 63, Laws of Delaware, as follows:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §19, Article 11 of the Constitution of the State of Delaware by adding thereto a new paragraph to said section which shall read as follows:

"No road, highway or street, intended to be dedicated to public use and maintained at public expense, shall be constructed except in conformance with standards adopted by the agency charged with construction, reconstruction or maintenance of such road, highway, or street. Any road or street, constructed solely for private use, shall only be maintained at State expense after it has been constructed or reconstructed according to the standards established by the agency charged with the duty of maintaining such roads or streets."

WHEREAS, the said proposed amendment was adopted by two-thirds of all members elected to each House of the 131st General Assembly.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. The said proposed amendment is hereby concurred in and adopted, and shall forthwith become a part of the Constitution of the State of Delaware.

Approved June 30, 1984.