Title 17, Highways

§ 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…

§ 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 …

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§§ 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…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 1601. Short title. This chapter shall be known as the “Advanced Wireless Infrastructure Investment Act.”81 Del. Laws, c. 159, § 1;

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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, …

§ 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…

§ 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…

§ 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…

§ 1701. Delaware-New Jersey Compact. The state of Delaware agrees with the state of New Jersey, upon the enactment by the state of New Jersey of legislation having the same effect as this section, to the following Compact: DELAWARE-NEW JERSEY COMPACT WHEREAS, the States of Delawa…

§ 1711. Commissioners; appointment. The Commissioners from this State, provided for in Article V of the Delaware-New Jersey Compact set out in § 1701 of this title, shall be appointed by the Governor with the advice and consent of the Senate. Immediately upon enactment of this ch…

§ 1712. Effective date; terms of Commissioners. If the state of New Jersey enacts legislation agreeing to the exact terms of the Delaware-New Jersey Compact, Congress consents thereto and Congress amends 60 Stat. 553 to eliminate the present requirement that the Delaware Memorial…

§ 1713. Holding over of Commissioners. Each Commissioner from this State shall continue to hold office after the expiration of the term for which the Commissioner is appointed and until the Commissioner’s respective successor is appointed and qualified; but no period during which…

§ 1714. Successors. After the expiration of the term of each Delaware Commissioner and each succeeding Commissioner thereafter, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for a term of 5 years or until the Comm…

§ 1715. Vacancies. In the event a vacancy occurs in the office of a Commissioner from this State by death, resignation, removal or otherwise, the Governor shall, by and with the advice and consent of the Senate, appoint a successor, who shall hold office for the unexpired term.17…

§ 1716. Removal of Commissioner. Any Commissioner from this State may be suspended or removed from office upon specific written charges filed with the Secretary of State and after hearing by the Senate.17 Del. C. 1953, § 1716; 53 Del. Laws, c. 145.;

§ 1717. Political representation. No more than 4 of the 6 Commissioners from this State shall be of the same political party at any 1 time.17 Del. C. 1953, § 1717; 53 Del. Laws, c. 145; 67 Del. Laws, c. 251, § 1;

§ 1718. Compensation of Commissioners. For the period during which any Commissioner shall hold office, the Commissioner shall be entitled to reimbursement for any necessary expenses incurred on the business of the Delaware River and Bay Authority, which shall be paid only from re…

§ 1719. The Delaware River and Bay Authority. The Commissioners appointed pursuant to this chapter shall have the authority, powers and duties and be subject to the limitations provided for in this chapter and in the said Compact between the 2 states, and together with the 6 Comm…

§ 1720. Veto by Governor. (a) Except, as provided by this chapter, no action taken at any meeting of the Delaware River and Bay Authority by a Commissioner appointed from the state of Delaware shall have any force or effect until the Governor of this State shall have an opportuni…

§ 1721. Audit. The Authority shall furnish each year an independent audit of its fiscal affairs, in which items of current and capital nature shall be separately set forth, and shall cause a copy of the report on such audit to be delivered to the Governor.17 Del. C. 1953, § 1721;…

§ 1722. Geographical representation. Of the Commissioners from this State to be appointed in accordance with this subchapter, 2 Commissioners shall be appointed from New Castle County, no more than 1 of whom shall be of the same political party, 2 Commissioners shall be appointed…