AN ACT to amend Chapter 63, Volume 29, Laws of Delaware relating to the State Highway Department.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House concurring):
Section 1. That Chapter 63, Volume 29, Laws of Delaware, be and the same hereby is amended by striking out the first paragraph of Section 6 of said Chapter and by inserting in lieu thereof the following:
The Department shall have power to cross any canal, navigable stream or watercourse with a State Highway, but in such manner as not unnecessarily to impede the navigation and use thereof, and also shall have power to cross any railroad or railway. with a State Highway and to acquire the necessary easement for such crossing either by agreement with the owner, or on failure to agree, by condemnation thereof as provided in Section 11 of this Act ; Provided, however) that no State Highway shall cross any railroad or railway at grade except at a point or place where such railroad or railway is now crossed at grade by a public road, but this proviso shall not be deemed to include spurs and sidings of such railroad or railway which are not regularly used for passenger or freight traffic. Such spurs and sidings may be crossed at grade.
Approved April 20, A. D. 1925.