Title 10, Courts and Judicial Procedure

§ 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…

§ 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…

§ 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;

§ 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…

§ 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…

§ 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…

§ 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) …

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 6201. Jurisdiction of Superior Court. (a) The Superior Court shall have exclusive jurisdiction to vacate any dedication of open space or parkland accepted by any county or municipality whether or not title has been accepted. The Court shall, in its final order, decide all quest…

§ 6202. Application of chapter. (a) This chapter establishes and shall exclusively govern procedures by which a dedication accepted by a county or municipality may be vacated. This chapter shall not apply, however, to the vacation of streets, roads or highways dedicated for the u…

§ 6203. Petition for vacation; notice requirements. (a) In any action commenced in Superior Court, the person who holds legal title to the dedicated open space or parkland, the owner of the property abutting said dedicated property or the county or municipality in which said dedi…

§ 6204. “Vacation” defined. “Vacation” shall mean the abandonment of the dedication covenant to any county or municipality in any dedicated property accepted by a county or municipality when said county or municipality, legal title holder or abutting landowner has clearly shown a…

§ 6205. Vacation 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 county or municipality in whi…

§ 6206. Open space jurors; appointment and direction as to return. (a) If the Superior Court orders that the dedication shall be vacated, it shall then appoint 5 judicious and impartial open space jurors of the county or municipality to view said property and make return on a dat…

§ 6207. 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…

§ 6208. Property equivalence. (a) Any other provision of this chapter notwithstanding, the Chancery Court shall not order that a dedication be vacated unless the legal title holder to the dedicated property, or some other party to the proceeding provides by restrictive covenant, …

§ 6209. 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 dedicated property shall be vacated or the question of the amount of damages and t…

§ 6210. 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…

§ 6211. Costs of proceedings. The costs of proceedings for vacating the dedication of property 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 enclose it, and in the pro r…

§ 6301. Definition. For the purposes of this chapter, “joint tortfeasors” means 2 or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.47 Del. Laws, c. 151, § 1; 10 De…

§ 6302. Right of contribution; accrual; pro rata share. (a) The right of contribution exists among joint tortfeasors. (b) A joint tortfeasor is not entitled to a money judgment for contribution until he or she has by payment discharged the common liability or has paid more than h…

§ 6303. Judgment against 1 tortfeasor. The recovery of a judgment by the injured person against 1 joint tortfeasor does not discharge the other joint tortfeasors.47 Del. Laws, c. 151, § 3; 10 Del. C. 1953, § 6303;

§ 6304. Release of 1 joint tortfeasor. (a) A release by the injured person of 1 joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasor unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the con…

§ 6305. Indemnity. This chapter does not impair any right of indemnity under existing law.47 Del. Laws, c. 151, § 6; 10 Del. C. 1953, § 6305;

§ 6306. Third-party practice. (a) Third-party practice under this chapter shall be as provided by rule of court except as provided in this section. (b) A pleader may either: (1) State as a cross-claim against a coparty any claim that the coparty is or may be liable to the cross-c…

§ 6307. Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.47 Del. Laws, c. 151, § 9; 10 Del. C. 1953, § 6307;

§ 6308. Short title. This chapter may be cited as the “Uniform Contribution Among Tortfeasors Law.”47 Del. Laws, c. 151, § 10; 10 Del. C. 1953, § 6308;

§ 6501. Power of courts; form and effect of declaration. Except where the Constitution of this State provides otherwise, courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or…

§ 6502. Power to construe. Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any questio…

§ 6503. Construction of contract before or after breach. A contract may be construed either before or after there has been a breach thereof.63 Del. Laws, c. 63, § 1;

§ 6504. Persons entitled to declaration of rights or legal relations in respect to trust or estate of decedent. Any person interested as or through an executor, administrator, trustee, guardian, fiduciary, adviser, or protector under § 3313(a) of Title 12, designated representati…

§ 6505. Enumeration not exclusive. The enumeration in §§ 6502, 6503 and 6504 of this title does not limit nor restrict the exercise of the general powers conferred in § 6501 of this title, in any proceeding where declaratory relief is sought in which a judgment or decree will ter…

§ 6506. Discretionary relief. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, will not terminate the uncertainty or controversy giving rise to the proceeding.63 Del. Laws, c. 63, § 1;

§ 6507. Review. All orders, judgments and decrees under this chapter may be reviewed as other orders, judgments and decrees.Code 1935, § 4685A; 46 Del. Laws, c. 269, § 1; 10 Del. C. 1953, § 6501; 63 Del. Laws, c. 63, § 1;

§ 6508. Supplementary relief. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court…

§ 6509. Determination of issues of fact. When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proc…

§ 6510. Costs. In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.63 Del. Laws, c. 63, § 1;

§ 6511. Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involve…

§ 6512. Purpose and construction of chapter. This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and is to be liberally construed and administered.63 Del. …

§ 6513. “Person” construed. The word “person”, wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.63 Del. Laws, c. 63, § 1;