CHAPTER 238

FORMERLY

SENATE BILL NO. 297

AN ACT TO AMEND CHAPTER 21, TITLE 9, DELAWARE CODE, RELATING TO STREET AND

HIGHWAY LIGHTING IN UNINCORPORATED COMMUNITIES AND VILLAGES.

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

Section 1. Amend §2101, Chapter 21, Title 9, Delaware Code, by designating the existing paragraph as paragraph (a) and adding thereto a new paragraph (b) to read as follows:

"(b) For purposes of this Chapter, the term 'property owner' shall mean a person or entity who owns a fee simple interest in land situated In any unincorproated community or village )n New Castle County entitling the owner to sign a petition filed pursuant to §2101(1) and cast one vote in favor of or against illuminating streets or highways covered by such petition. In the event that a property is owned by more than one person or entity, either as joint tenants with right of survivorship, tenants in common, or tenants by the entirety, each such party shall be entitled to cast a proportional vote equal to such party's proportional interest in and to the jointly—held property, as set forth in the deed of conveyance or other evidence of ownership. If the deed or other evidence of ownership does not set forth each owner's proportionate interest, each owner's interest shall be presumed to be equal for purposes hereof. It is the intent of this section that each property shall have no more than one vote, and each property owner shall have a vote equal to such property owner's proportional interest in such property."

Approved May 13, 1992.