Evening journal., 1915-02-25
council CONSIDERS
RIVER front BILL
Act Would Allow City TO
Condemn Any Land
Needed
DEFER ACTION
ON THE BILL

OlN liz DAA<1
City Council sitting as committee
I OF the whole, last night considered the
river front question after City Soici-
/ Tor Hastings had presented bill
authorizing the city TO acquire by
purchase or condemnation any lands
cn the river front. The question
vas discussed at length, but as me
measure was new TO all the Councii-
men. they desired time 10 consider u
The bin follows,
Be it enacted by the General As
sembly Of the state Of Delaware
(two-fhirds of the members OF each
House concurring thereinl
Section l. The Mayor and Council
Of Wilmington be and il is hereby au-
thorized to purchase or acquire any
land on or adjacent to the banks or
shore Of the westerly bank Of the
river Delaware and all the riparian
rights Of the owners thereof, within
! the limits Of the said city Of Whining
, ton. whenever In the opinion Of the
Council Of the Mayor and Council Of
, Wilmington, such purchase or acqu,-
? sition is or may be necessary to give
to the said city better facilities for
building docks, wharyes or piers on
the said river
. Section 9 That whenever the Coun-
, eli OF the Mayor and Council OF VIII
mington cannot agree with the owner
or owners of any such land or ripaf-
ian rights. for the purchase thereof
the same may be acquired by tho
Mavor and Council of Wilmington
= through and by condemnation pro.
7 ceedings. as hereinafter provided. i
y in the opinion OF the Council such ac
auisition is or may be necessary ol
advantageous to the said city in glT
: ing to IT better facilities for buildini
Z. docks. wharyes or piers on the rive
4 De aware. The Superior Court fo
4 New Castle county shall have juris
y diction and power over proceeding
y for such condemnation, and u shai
bc the duty OF the city solicitor 9
said city TO cause proceedings 70 y
: commenced ia said court within Y
days after receipt OF written reques
+ from the Council TO institute sue
81 condemnation proceedings.
I, Section 3. That whenever il snail I
i. made to appear to the superior Court :
his state III and ior New Cast
eoun.y. ur amy Judges thereof ~ Nac
tion ulon THE application ot the May
ana Council Of Wilmington, that y =
y. .irs to acquire certain described iai
sifuatr on on adjacent TO the banks
shores III thc westerly bank Of the riN
Delaware. and an the riparian rights
fhr owners thereof, within the linits
- the city of Wilmington, io give the III
riiv better facilities for building doel
~ whar,os or piers uu the river DeiaWa
N, and that tie owner or owners o. y
lana ana riparian rights are unknoN
non.residents on minors, or ifoin q
~ oitcr cause are incapable Of making
" ipcrfert title TO said land ana ripail
- riolt. or IN case the said owners nei
- residents and capable OF conveying ~
,oiu.e 10 convey said land aud riparl
~ rights 10 the Mayor and Councl
sE. Wilmington. it shall be the duty 81 !
one said Superior Court, OF Of any Juo
- thereof in vacation 70 order nollee
fbe said application TO be published
one newspaper of said city, once IN Ga
5OI week for the space Of three mont
and which notice shall contain an occur,
'Tn ~ description Of the said land and llparl
r rights. intended to be condemned
--- aforesaid together with the names
.n5 NE owners on supposed owners, and sl
.ng require all persons interested IN the
ven land and riparian rights to appear
lvr. ne nest term OF the said Super
Court after the expiration Of said
-. ticc. on a day TO be specified IN said
OR tiee. and file their objections. 4
they have, to the regularity Of SAID 7
~ ceedings; and at the time speeiiied
- said notice, or as soon thereafter as
court may order. it shall be the duty
the said Superior Court to prepare
issue. in the presence OF counsel tor
narties ii there be any for trial bel
iurv under the direction Of the lu
or Judges Of said court. and to empa
Jury to assess the value Of SAID !
ana riparian rights, and the DANA
which the owner or owners Thereon,
,toh any person having an interest thef
o.st win sustain by reason Of the g
e1s5i demnation and appropriation OF $
''S land and rights to the Mayor I
adei Council of Wilmington. A spec
4 it.ry TO assess the value Of said L
!, =, and riparian rights, and the DANA
the owner or owners thereof will $
Sun tain BY reason Of the condemnat
eas s and appropriation Of said land
rights to the Mayor and Council
- Wilmington, shall be ordered by
/. Co. Superior Court upon the applicat
o. any party TO the proceedings
that purpose. instead Of empanel
a guiy for such purpose as heretol
urovided for in this section; and
mode OF striking or selecting S
special jury shall be as folio
namelv: The party applying for
special jury shall give ten days
LIE tice 10 the opposite party and to
uiry commissioners OF New Ca
county of the time and place of 81
ing such jury; at which time
n place the said jury commissioners
s in. II they be not Indifferent between
cturn parties. then two persons indiffel
!. between the parties appointed by
= = court. or any judge thereof, shall
tend with list of SO Indifferent
. iudicious citizens of the county
y New Castle qualified to serve
iurors. showing their names and
hundred IN which they reside.
Low marty applying for the special j
his agent or attorney, shall first st
Tons out one Of said names, and then
'ment opposite party, his agent or attor
neins shall strike out another, and SO
''HO"' alternately until each shall
4-,,oIv ont fWplNa If thp Opuf