AN ACT to amend Chapter 92 of the Revised Code of the State of Delaware relating to Conveyances, by repealing Article 10 of said Chapter, as the same appears in Chapter 210, Volume 33, Laws of Delaware, and by enacting in lieu thereof a new Article 10 requiring the Recording of Titles acquired by Right of Eminent Domain in the Office of the Recorder of Deeds. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That Chapter 92 of the Revised Code of the State of Delaware be, and the same is hereby amended by striking out Article 10 of said Chapter, as the same appears in Chapter 210, Volume 33, Laws of Delaware, and by inserting in lieu thereof a new Article to be known as Article 10:
CONVEYANCES - ARTICLE 10
3238 A. Section 43. RECORD OF EMINENT DOMAIN PROCEEDINGS: That whenever lands or any interest therein shall be condemned by any person, corporation or political subdivision under any Statute of the State of Delaware, and the amount of damages ascertained shall have been paid or deposited as provided in said Statute, the record thereof shall be filed in the office of the Prothonotary for the County, in which said land shall lie and the person, corporation or political subdivision for whose benefit such land is condemned, shall secure from said Prothonotary a certified abstract of the record of such condemnation proceedings, which shall include a description of the land condemned, a statement of the title or interest so acquired, the name of the former owner or owners of such interest, the name of the person, corporation or political subdivision, acquiring said interest through said proceedings and a memorandum showing the amount of damages paid or deposited. Said abstract shall, within 30 days after said memorandum showing the amount of dam- ages paid or deposited shall have been filed in the Prothonotary's office, be recorded in the office of the Recorder of Deeds for the County wherein said land shall lie, in the Deed Records of said County and shall be indexed by the Recorder in the name of the condemning person, corporation or political subdivision, as the grantee, and in the name of the former owner or owners of said land, as the grantor or grantors. If such abstract be not recorded as aforesaid, said condemnation proceedings shall not avail against a subsequent fair creditor, mortgagee or purchaser, for a valuable consideration, unless it shall appear that such creditor when giving the credit, or such mortgagee or purchaser, when advancing the consideration, had notice of such condemnation proceedings.
Approved April 2, A. D. 1925.