CHAPTER 456

FORMERLY

SENATE BILL NO. 383

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, SUBCHAPTER I TITLE 26, OF THE DELAWARE CODE RELATING TO EASEMENTS FOR PUBLIC UTILITIES ACROSS RAILROAD PROPERTY.

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

Section 1. Amend Title 26 of the Delaware Code by adding a new section to Chapter 9, Subchapter 1, to read as follows:

"908. Easements for Public Utilities Across Railroad Property,

Rights-of-wax, or Occuoations

Any public utility operating within the State may acquire a utility easement for its public use in accordance with Chapter 61, Title 10, whenever all the following conditions are met:

(a) The property on, over, under, along, or across which the
public utility easement is to be established (1) was previously owned
by a railroad company, including a successor whose ownership interest derives, directly or indirectly, from the abandonment of the property use by a railroad company, or (2) was subject to an easement, right-of-way, or occupation for railroad purposes; and

(a) The railroad company's property interests have been
extinguished by abandonment or otherwise; and

(a) Immediately prior to the time such railroad company's property interests were extinguished, a public utility held an easement, license, right-of-way, permission or occupation for public utility purposes that had been obtained from the railroad company;

(a) The public utility and any owner or owners of the property cannot agree as to the terms and conditions of the acquisition by the public utility of a property interest for use for public utility purposes; and

(a) the property on which the utility easement to be acquired is not owned by the State of Delaware or any of its agencies or political subdivisions; and

the public utility exercises this authority in accordance with the provisions of Chapter 95 of Title 29."

(a) the public utility exercises this authority in accordance wi the provisions of Chapter 95 of Title 29."

Approved July 22, 1994.

CHAPTER

FORMERLY

SENATE BILL NO. 383

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, SUBCHAPTER 1 TITLE 26, OF THE DELAWARE CODE RELATING TO EASEMENTS FOR PUBLIC UTILITIES ACROSS RAILROAD PROPERTY.

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

Section 1. Amend Title 26 of the Delaware Code by adding a new section to Chapter 9, Subchapter 1, to read as follows:

"908. Easements for Public Utilities Across Railroad Property, Rights-of-ways or Occupations

Any public utility operating within the State may acquire a utility easement for its public use in accordance with Chapter 61, Title 10, whenever all the following conditions are met:

(a) The property on, over, under, along, or across which the
public utility easement is to be established (1) was previously owned by a railroad company, including a successor whose ownership interest derives, directly or indirectly, from the abandonment of the property use by a railroad company, or (2) was subject to an easement, right-of-way, or occupation for railroad purposes; and

(a) The railroad company's property interests have been extinguished by abandonment or otherwise; and

(a) Immediately prior to the time such railroad company's property interests were extinguished, a public utility held an easement, license, right-of-way, permission or occupation for public utility purposes that had been obtained from the railroad company;

(a) The public utility and any owner or owners of the property cannot agree as to the terms and conditions of the acquisition by the public utility of a property interest for use for public utility purposes; and

(a) the property on which the utility easement to be acquired is not owned by the State of Delaware or any of its agencies or political subdivisions; and

(a) the public utility exercises this authority in accordance with the provisions of Chapter 95 of Title 29."

Approved July 22, 1994.