CHAPTER 239

FORMERLY

HOUSE BILL NO. 264

AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO VACATION AND ABANDONMENT OF ROADS, BRIDGES, AND OTHER RIGHTS OF WAY.

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

Section 1, Amend §1303(1), Title 17, Delaware Code by deleting said subsection in its entirety and substituting in lieu thereof a new §1303(1) to read as follows:

"(1) 'Abandonment' shall mean the loss of all right, title, interest, and jurisdiction in any road, bridge, or other right of way previously held by the Department, other governmental authority, or the general public in which the Department, other governmental authority, or the general public has clearly Indicated an intent to surrender all right, title, interest, and jurisdiction through lack of use, care, or maintenance thereof."

Section 2. Amend §1303(4), Title 17, Delaware Code by deleting said subsection in its entirety and substituting in lieu thereof a new §1303(4) to read as follows:

"(4) 'Vacation' shall mean the transfer of all right, title, Interest, and Jurisdiction in any road, bridge, or other right-of-way when the Department, other governmental authority, or the general public has clearly indicated an intent to abandon same through lack of use, care, or maintenance thereof. In addition, 'Vacation' with respect to any alley, pathway, walkway, or other such right-of-way not within the jurisdiction of the Department shall mean the transfer of all right, title, interest, and Jurisdiction, in such right-of-way when the Superior Court shall determine that continued maintenance and use of such right-of-way has created or constitutes a nuisance or detriment to the abutting or surrounding landowners which nuisance outweighs the benefit to the general public of the continued existence of the right-of-way, provided that no parkland, open space, or greenway under the control of the Department of Natural Resources and Environmental Control or any county or municipal parks department shall be vacated under this Chapter without the written approval of the controlling jurisdiction."

Section 3. The provisions of the Bill are severable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of this Act.

Approved June 9, 1994