STATE HIGHWAY DEPARTMENT
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 adding to Section 6 of said Chapter the following paragraphs:
Whenever in the opinion of the Department a public road crossing of a railroad or a railway at grade should be abandoned, the Department shall have power to close and vacate the said public road or such part thereof as may be necessary to prevent the use of the said grade crossing; provided, however, that if, in the opinion of the Department, the convenience of the traveling public requires it, the said Department shall re-locate the said public road or the part thereof thus vacated and shall connect the said public road with some other public road which crosses the said railroad or railway. The said department may acquire any land, building, franchise, easement or other property necessary for the said relocation of the said road by the purchase thereof or by Condemnation proceedings as hereinafter provided. The character of the construction of the said relocated public road shall be in the discretion of the Department and need not conform to the provisions of Section 1 of this Act. Whenever any such public road shall be vacated, who shall enclose the same or any part thereof and what portion of the costs such per- sons ought to pay respectively shall be determined pursuant to the provisions of Article 7, Chapter 55, of the Revised Code.
Whenever the Department shall determine that any State Highway or public road crossing of a railroad or a railway at grade is inadequately protected, the Department shall erect and maintain such signs, signals, lights or other devices as will in the opinion of the Department furnish more adequate protection to the traveling public.
Approved April 20, A. D. 1925.