SENATE BILL NO. 49
AS AMENDED BY
HOUSE AMENDMENT NO. 2
AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO RIGHT-OF-WAY DEDICATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Chapter 5, Title 17 of the Delaware Code, by inserting a new section 530 to read as follows:
“§ 530. Dedication of Right-of-Way Adjacent to a State Highway;
Notwithstanding any rule, law, or provision to the contrary, the dedication of a right-of-way along a State Highway by any property owner pursuing a subdivision of their land, shall not be required where the property being subdivided is a farm or farmland and a right-of way is not deemed by the Department to be necessary due to safety issues that would be directly caused by the requested subdivision and:
(1) The parcel is subdivided into no more than two (2) parcels which are continued to be used as a farm or farmland; or
(2) The subdivided parcel or parcels are transferred to a family member or members for purposes of use as a family member or members’ principal residence or farmland.
The Department shall have the burden of proof to establish by clear and convincing evidence that a right-of-way is necessary due to safety issues directly caused by the requested subdivision. Should the Department require a right-of-way dedication pursuant to this Section and fail to meet its burden of proof in a court proceeding then the property owner shall be entitled to reimbursement of their reasonable costs including but not limited to reasonable attorney fees incurred as a result of the Department’s action.”.
Approved May 25, 2005