Title 17 — Highways
19 chapters · 166 sections in this title.
17 Del. C. § 805. Penalties.
0.6K chars
§ 805. Penalties. Whoever, being a contractor, or any agent of a contractor, pays out, uses or appropriates, or consents to the paying out, use or appropriation of any moneys or funds received for any of the purposes specified in § 802 of this title, prior to paying in full or pr…
17 Del. C. § 901. Department of Transportation to drain certain lands along highways.
0.6K chars
§ 901. Department of Transportation to drain certain lands along highways. The Department shall drain or cause to be drained by suitable and sufficient ditches, or other conduits, waters which have backed upon lands along the right-of-way of any road or highway caused by the cons…
17 Del. C. § 902. Construction of ditches along certain highways.
0.7K chars
§ 902. Construction of ditches along certain highways. The Department shall, at all times, cause suitable and sufficient ditches or other conduits to be constructed along the right-of-way of any road or highway constructed, altered or changed, whereby, because of such constructio…
17 Del. C. § 903. Drainage of flooded highway.
0.4K chars
§ 903. Drainage of flooded highway. The Department, upon being notified that any lands along the right-of-way of any road or highway are covered with water resulting from the construction, alteration or changing of such road or highway as provided in §§ 901 and 902 of this title …
17 Del. C. § 904. Agreements with ditch companies for drainage purposes.
0.8K chars
§ 904. Agreements with ditch companies for drainage purposes. For the purpose of draining the right-of-way of any highway, the Department may make agreements with any ditch company or corporation with respect to the cleaning of ditches, or widening, deepening or extending ditches…
17 Del. C. § 1201. Purposes.
1.1K chars
§ 1201. Purposes. The establishment, operation and maintenance of junkyards in areas adjacent to the public highways of this State should be controlled in order to promote the safety and recreational value of public travel, to protect the public investment in public highways and …
17 Del. C. § 1202. Scope and definitions.
4.0K chars
§ 1202. Scope and definitions. (a) The powers and authority granted in this chapter are in derogation of no other powers or authority granted or created or exercised under any other statute, by a planning or zoning board or authority or other public officer, but shall be construe…
17 Del. C. § 1203. Enforcement of chapter; rules and regulations; examinations; application of chapter.
1.5K chars
§ 1203. Enforcement of chapter; rules and regulations; examinations; application of chapter. (a) The Department shall: (1) Enforce this chapter; and (2) Make, publish and enforce such regulations governing the establishment, maintenance and operation of junkyards as may be necess…
17 Del. C. § 1204. Application and issuance of licenses.
1.1K chars
§ 1204. Application and issuance of licenses. (a) No person, whether or not engaged in the junk business, shall establish, operate or maintain a junkyard within the jurisdiction of the Department under this chapter any portion of which is within 1,000 feet of the nearest edge of …
17 Del. C. § 1205. Restrictions as to locations.
2.1K chars
§ 1205. Restrictions as to locations. (a) No license shall be granted for the establishment, maintenance or operation of a junkyard any portion of which is within a controlled area except the following: (1) Junkyards which are lawfully in existence on the effective date of this c…
17 Del. C. § 1206. Screening, relocation, removal or disposal of lawfully preexisting junkyards.
0.8K chars
§ 1206. Screening, relocation, removal or disposal of lawfully preexisting junkyards. Any junkyard lawfully in existence on the effective date of this chapter any portion of which is within a controlled area and which is not in any of the classes specified in § 1205(a)(2), (3) an…
17 Del. C. § 1207. Compensation to owners on relocation, removal or disposal of their facilities.
0.5K chars
§ 1207. Compensation to owners on relocation, removal or disposal of their facilities. Just compensation shall be paid by the Department to the owners of junkyards in controlled areas which must be relocated, removed or disposed of pursuant to this chapter and which fall into the…
17 Del. C. § 1208. Acquisition of real property interest to effectuate screening, relocation, etc.
0.4K chars
§ 1208. Acquisition of real property interest to effectuate screening, relocation, etc. The Department may acquire by gift, purchase or the power of eminent domain, such interest in real property as may be necessary to secure the screening, relocation, removal or disposal of junk…
17 Del. C. § 1209. Public nuisance; screening or relocation, etc., of noncomplying junkyards; action to recover expenses.
0.9K chars
§ 1209. Public nuisance; screening or relocation, etc., of noncomplying junkyards; action to recover expenses. (a) Any junkyard which is established, maintained or operated in violation of this chapter is a public nuisance. (b) The Department may screen, relocate, remove or dispo…
17 Del. C. § 1210. Injunction.
0.2K chars
§ 1210. Injunction. The Department may apply to the Court of Chancery for an injunction to restrain any violation or threatened violation of this chapter.17 Del. C. 1953, § 1210; 56 Del. Laws, c. 253, § 2;
17 Del. C. § 1211. Penalties.
0.3K chars
§ 1211. Penalties. Whoever violates this chapter or any regulation lawfully adopted pursuant to this chapter shall be fined not less than $25 nor more than $200. Each day that a violation is allowed to continue after notice of its existence shall constitute a separate offense.17 …
17 Del. C. § 1212. Agreements with the United States government.
0.4K chars
§ 1212. Agreements with the United States government. The Department may enter into agreements with the United States Secretary of Transportation provided by Title 23, United States Code, relating to the control of junkyards in areas adjacent to the interstate and primary systems…
17 Del. C. § 1301. Jurisdiction of Superior Court and Department of Transportation.
1.6K chars
§ 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.
2.8K chars
§ 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.
2.3K chars
§ 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.
3.8K chars
§ 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.
1.8K chars
§ 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.
2.5K chars
§ 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.
0.5K chars
§ 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.
0.8K chars
§ 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.
0.5K chars
§ 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.
0.9K chars
§ 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.
5.9K chars
§ 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.
0.7K chars
§ 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.
2.5K chars
§ 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…
17 Del. C. § 1401-1411. Regulation of ticket agents; penalties for violations; redemption of unused tickets; erection and maintenance of telegraph and telephone lines by railroad; fences and cattle guards; liability for damages; trespass with animals; walking on tracks; penalties; liability of those damaging railroad property; badges of railroad conductor, baggage master and brakeman; railroad car brakes; penalties for violations of §§ 1406, 1407; free passes and franks; transportation without fare; transportation utilities; intra and interline connections; switch connections; public carriers operating buses; public liability insurance [Transferred].
0.8K chars
§§ 1401-1411. Regulation of ticket agents; penalties for violations; redemption of unused tickets; erection and maintenance of telegraph and telephone lines by railroad; fences and cattle guards; liability for damages; trespass with animals; walking on tracks; penalties; liabilit…
17 Del. C. § 1501. Title to land.
0.5K chars
§ 1501. Title to land. The Department shall accept title on behalf of and in the name of the State to those lands necessary or convenient for use as the southerly terminus and approach for a ferry service to be established, operated and maintained by the State Highway Commissione…
17 Del. C. § 1502. Use of lands.
0.6K chars
§ 1502. Use of lands. The Department shall take title to the lands as provided in § 1501 of this title and shall hold the same dedicated to the purpose of the construction, operation and maintenance of terminal facilities for a ferry service so long as such service shall exist, a…
17 Del. C. § 1503. Power of condemnation.
1.4K chars
§ 1503. Power of condemnation. In the event that the State Highway Commissioner of the State of New Jersey is unable, by agreement with the owner or owners thereof, to cause title to all lands in Sussex County necessary or convenient for the construction, operation or maintenance…
17 Del. C. § 1504. Right of State Highway Commissioner of the State of New Jersey to operate ferry.
1.1K chars
§ 1504. Right of State Highway Commissioner of the State of New Jersey to operate ferry. (a) Upon the acceptance of title to the lands as provided in § 1501 of this title and upon the acquisition of the right of use of lands as provided in § 1503 of this title, the State Highway …
17 Del. C. § 1505. Tax exemption.
0.3K chars
§ 1505. Tax exemption. The ferry facilities and approaches thereto and all property acquired or used for the purpose of the ferry service in this State and the revenues thereof shall at all times be free from taxation by this State or any political subdivision thereof.48 Del. Law…
17 Del. C. § 1601. Short title.
0.1K chars
§ 1601. Short title. This chapter shall be known as the “Advanced Wireless Infrastructure Investment Act.”81 Del. Laws, c. 159, § 1;
17 Del. C. § 1602. Findings of public policy.
1.9K chars
§ 1602. Findings of public policy. The General Assembly finds and declares as follows: (1) To foster economic development in this State, responsible and reasonable investment in and development of wireless communications systems employing advanced technology shall be encouraged a…
17 Del. C. § 1603. Definitions.
6.0K chars
§ 1603. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) “Applicable codes” means uniform bu…
17 Del. C. § 1604. Applicability; exclusive use prohibited.
0.5K chars
§ 1604. Applicability; exclusive use prohibited. (a) The provisions of this chapter shall only apply to activities of a wireless provider within the ROW, over which the Department has absolute control. (b) The Department may not enter into an exclusive arrangement with any person…
17 Del. C. § 1605. Fees.
1.3K chars
§ 1605. Fees. The Department may not charge a wireless provider an application fee or fee or rate for the use of the ROW with respect to the construction, installation, mounting, maintenance, modification, operation, or replacement of a wireless facility or small wireless support…
17 Del. C. § 1606. Right of access.
3.2K chars
§ 1606. Right of access. (a) To the extent permitted by this chapter, a wireless provider shall have the right to collocate wireless facilities and install, construct, modify, maintain, and operate utility poles, small wireless support structures, along, across, upon, and under t…
17 Del. C. § 1607. Use and occupancy agreement.
1.2K chars
§ 1607. Use and occupancy agreement. (a) The Department is authorized to enter into use and occupancy agreements with wireless providers for the accommodation of wireless facilities in the ROW under terms that: (1) Protect the safety of travelers on Delaware’s roadways; (2) Minim…
17 Del. C. § 1608. Relocation of small wireless facilities.
0.6K chars
§ 1608. Relocation of small wireless facilities. Whenever it becomes necessary to relocate any wireless facility due to expansion of the transportation system or if it is found to interfere unreasonably with the ingress and egress to adjacent properties or their development, or f…
17 Del. C. § 1609. Permits.
4.6K chars
§ 1609. Permits. (a) The wireless provider shall acquire 1 or more permits to collocate a small wireless facility or construct, modify, maintain, and operate utility poles or small wireless support structures in the ROW provided such permits are of general applicability and do no…
17 Del. C. § 1610. No discrimination.
0.3K chars
§ 1610. No discrimination. The Department, in the exercise of its administration and regulation related to the management of the ROW must be competitively neutral with regard to other users of the ROW, including that terms may not be unreasonable or discriminatory and may not vio…
17 Del. C. § 1611. Limitation of ROW authority.
0.4K chars
§ 1611. Limitation of ROW authority. The approval of the installation, placement, maintenance, or operation of a small wireless facility pursuant to this section does not authorize the provision of any voice, data, or video communications services or the installation, placement, …
17 Del. C. § 1612. Damage and repair.
0.7K chars
§ 1612. Damage and repair. The Department may require a wireless provider to repair all damage to the ROW directly caused by the activities of the wireless provider, while occupying, installing, repairing or maintaining wireless facilities, small wireless support structures or ut…
17 Del. C. § 1613. Access to department land and structures.
1.2K chars
§ 1613. Access to department land and structures. The Department will allow for the collocation of small wireless facilities on department poles as determined by the Department subject to the following: (1) A person owning or controlling department poles may not enter into an exc…
17 Del. C. § 1614. Collocation on department wireless support structures, utility poles and land outside the ROW.
0.6K chars
§ 1614. Collocation on department wireless support structures, utility poles and land outside the ROW. The Department may authorize wireless facilities on small wireless support structures, other structures that exceed the height limitations in § 1606(g) of this title, and utilit…