Title 10 — Courts and Judicial Procedure
63 chapters · 561 sections in this title.
10 Del. C. § 6101. Application of chapter.
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§ 6101. Application of chapter. This chapter shall govern the procedure for all condemnations of real and personal property within this State under the power of eminent domain exercised by any authority whatsoever, governmental or otherwise.48 Del. Laws, c. 271, § 1; 10 Del. C. 1…
10 Del. C. § 6102. Jurisdiction of Superior Court; filing of complaint.
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§ 6102. Jurisdiction of Superior Court; filing of complaint. All condemnation proceedings within the State shall be commenced by filing a complaint as provided in this chapter in the Superior Court in and for the county where the property is located, or if part of such property i…
10 Del. C. § 6103. Applicability of Superior Court Rules.
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§ 6103. Applicability of Superior Court Rules. The Rules of the Superior Court shall govern, insofar as applicable, all condemnation proceedings of real and personal property under the power of eminent domain, except as otherwise provided in this chapter.48 Del. Laws, c. 271, § 3…
10 Del. C. § 6104. Joinder of properties.
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§ 6104. Joinder of properties. The plaintiff may join in the same action, under this chapter, 1 or more separate pieces of property, whether in the same or different ownership and whether or not sought for the same use.48 Del. Laws, c. 271, § 4; 10 Del. C. 1953, § 6104;
10 Del. C. § 6105. Complaint; parties.
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§ 6105. Complaint; parties. (a) A complaint under this chapter shall contain a caption as provided in Rule 10(a) of the Rules of the Superior Court, except that the plaintiff shall name as defendants the property, designated generally by kind, quantity, and location, and at least…
10 Del. C. § 6106. Process; notice of publication.
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§ 6106. Process; notice of publication. (a) Upon the filing of a complaint under this chapter, the prothonotary shall issue summons, in appropriate form, directed to all of the defendants designated or named in the complaint, which summons shall be personally served in like manne…
10 Del. C. § 6107. Objections or defenses to taking.
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§ 6107. Objections or defenses to taking. Any objection or defense to the taking of the property, or any interest therein, by any defendant, shall be made by answer. Any such answer setting forth any such objection or defense shall identify the property in which the answering def…
10 Del. C. § 6108. Trial; choice of commissioners; viewing property.
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§ 6108. Trial; choice of commissioners; viewing property. (a) After the time has expired for answering a complaint under this chapter, and all preliminary questions of law disposed of, the cause shall be placed upon the regular trial calendar of the Superior Court for trial. (b) …
10 Del. C. § 6109. Dismissal of action.
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§ 6109. Dismissal of action. (a) In a condemnation proceeding under this chapter, if no hearing has begun to determine the compensation to be paid for a piece of property and the plaintiff has not acquired the title or a lesser interest in or taken possession thereof, the plainti…
10 Del. C. § 6110. Entry into possession; requirements.
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§ 6110. Entry into possession; requirements. (a) At any time after the filing of any condemnation proceeding under this chapter, the plaintiff, upon the filing of a notice of intention to take possession of the property sought to be condemned, or any part thereof, on a day therei…
10 Del. C. § 6111. Costs.
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§ 6111. Costs. The costs of any condemnation proceeding provided for in this chapter, including a reasonable fee for the commissioners but in no case to exceed $20 per day for each commissioner, and including the cost of giving notice by publication and by registered mail as prov…
10 Del. C. § 6112. Review.
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§ 6112. Review. There shall be a right of review in every condemnation cause from the final confirmed award of the Superior Court to the Supreme Court as in the manner provided for review of any other final civil judgment of the Superior Court. Any such review must be instituted …
10 Del. C. § 6113. Time for payment of award; interest.
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§ 6113. Time for payment of award; interest. In the event no review of a condemnation cause is taken, the plaintiff or plaintiffs may pay or tender the amount of the award within 2 months after the entry of the confirmed award of the Superior Court, and in the event a review to t…
10 Del. C. § 6114. Deposit of award.
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§ 6114. Deposit of award. In any condemnation case in which any final award is made to any party in interest who is unknown, is a minor, or is mentally incompetent, or is under any other legal disability, cannot be found, or resides outside of this State, or refuses to accept suc…
10 Del. C. § 6115. Recording of certified abstract of condemnation proceedings; failure to record.
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§ 6115. Recording of certified abstract of condemnation proceedings; failure to record. (a) Whenever lands or any interest therein are condemned by any person, corporation or political subdivision under any statute of this State, and the amount of damages ascertained shall have b…