Title 17 — Highways
19 chapters · 166 sections in this title.
17 Del. C. § 1301. Jurisdiction of Superior Court and Department of Transportation.
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§ 1301. Jurisdiction of Superior Court and Department of Transportation. (a) The Superior Court shall have jurisdiction to vacate public roads, bridges and all other rights-of-way, including, but not limited to, alleys, pathways, walkways and the like, whether within the jurisdic…
17 Del. C. § 1302. Petition for vacation and/or abandonment; notice requirements.
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§ 1302. Petition for vacation and/or abandonment; notice requirements. (a) In any action commenced in Superior Court, 5 or more residents of the county in which the road, bridge or right-of-way desired to be vacated or to be abandoned is located, the Department, or the county in …
17 Del. C. § 1303. Definitions.
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§ 1303. Definitions. For purposes of this chapter the following definitions shall apply: (1) “Abandonment” shall mean the loss of all right, title, interest and jurisdiction in any road, bridge or other right-of-way previously held by the Department, other governmental authority …
17 Del. C. § 1304. Vacation and abandonment hearing.
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§ 1304. Vacation and abandonment hearing. (a) In all proceedings in Superior Court, after all interested parties have received notice in accordance with this chapter, a hearing shall be held in Superior Court, at which time each party before the court, including the Department, t…
17 Del. C. § 1305. Right-of-way jurors; appointment and direction as to return.
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§ 1305. Right-of-way jurors; appointment and direction as to return. (a) If the Superior Court orders that the road, bridge or other right-of-way shall be vacated, or declared to be abandoned, it shall then appoint 5 judicious and impartial right-of-way jurors of the county to vi…
17 Del. C. § 1306. Damages; hearing.
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§ 1306. Damages; hearing. (a) On a day fixed by the Court, a hearing shall then be had on the issue of damages as presented in the return. At such hearing all interested parties may present evidence and argument regarding the question of damages, their amount and apportionment, a…
17 Del. C. § 1307. Appeal.
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§ 1307. Appeal. Any interested party before the Superior Court may appeal the Court’s decision to the Supreme Court, within 30 days of the final order thereon, regarding the question of whether the road, bridge or right-of-way shall be vacated or abandoned or the question of the …
17 Del. C. § 1308. Compensation and expenses of jurors and employees.
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§ 1308. Compensation and expenses of jurors and employees. (a) The jurors shall be allowed $25 a day for their services and shall be entitled to mileage at the rate of 15 cents a mile going and returning. (b) The Court shall fix the compensation of all persons properly employed a…
17 Del. C. § 1309. Costs of proceedings.
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§ 1309. Costs of proceedings. The costs of proceedings for vacating or abandoning a road, bridge or other right-of-way shall be paid by the petitioners, unless such petition is granted in which case such costs shall be paid by the party or persons authorized by the return to encl…
17 Del. C. § 1310. Power of railroads to vacate roads in special cases by agreement.
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§ 1310. Power of railroads to vacate roads in special cases by agreement. A railroad company by agreement with the landowners interested, and the approval of both the Department and the county wherein the road is located, may, without proceedings provided for in this chapter, cha…
17 Del. C. § 1311. Vacation of public roads by administrative action of department; procedure.
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§ 1311. Vacation of public roads by administrative action of department; procedure. In all cases in which the necessity for existing public roads has ceased to exist because they have been superseded by improved roads or highways constructed by the Department whether a state-main…
17 Del. C. § 1312. Appeal from administrative decision.
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§ 1312. Appeal from administrative decision. Any interested party appearing before the Department may appeal such administrative decision to the Superior Court within 30 days of the final order therefrom, regarding the question of whether the road shall be vacated or abandoned or…
17 Del. C. § 1313. Road closures.
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§ 1313. Road closures. (a) For purposes of this section, the following definitions shall apply: (1) “Closure” means the physical erection of temporary or permanent barricades and/or construction or reconstruction in any manner inhibiting the movement of vehicular or pedestrian tr…