reglab/housing_qa huggingface dataset:
17 DE Code § 801. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 8. Highway Construction Payments|§ 801. Definitions.

§ 801. Definitions. As used in this chapter:  (1) “Contractor” includes, but is not limited to, an architect, engineer, nursery worker, landscaper, subcontractor or any other person who enters into any contract with the Department of Transportation, its agents or authorized employees for the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor. (2) “Moneys or funds” includes, but is not limited to, the entire amount of all moneys or funds received by a contractor, as defined in this section, in connection with a contract with the Department of Transportation for the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor, and moneys or funds by way of a loan or advance for the purpose of such erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor.17 Del. C. 1953, §  801;  57 Del. Laws, c. 688;  60 Del. Laws, c. 503, §  18;  70 Del. Laws, c. 186, §  1;
17 DE Code § 802. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 8. Highway Construction Payments|§ 802. Payments to contractor impressed with trust.

§ 802. Payments to contractor impressed with trust. All moneys or funds received by a contractor in connection with the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highway, including shoulders, median strips, parkways and islands, by such contractor shall be trust funds in the hands of the contractor. 17 Del. C. 1953, §  802;  57 Del. Laws, c. 688.;
17 DE Code § 803. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 8. Highway Construction Payments|§ 803. Use or application of money received by contractor.

§ 803. Use or application of money received by contractor. (a) No contractor, or agent of a contractor, shall pay out, use or appropriate any money or funds described in § 802 of this title until they have first been applied to the payment of the full amount of all moneys due and owing by the contractor to all persons furnishing labor or material for the erection, construction, completion, authorization or repair of any highway, right-of-way, turnpike or toll express highways, including shoulders, median strips, parkways and islands, by such contractor, whether or not the labor or material entered into or became a component part of any such highway right-of-way, turnpike or toll express highways, including shoulders, median strips, parkways and islands, and whether or not the same were furnished on the credit of such highway right-of-way, turnpike or toll express highways, including shoulders, median strips, parkways and islands, or on the credit of such contractor. (b) All general contractors or agents of any general contractor receiving funds impressed with a trust under this chapter shall, within 30 days of receipt of any payment, file a statement in a form to be determined by the Division of Highways, with the contracting state agency that the contractor or the contractor's agent has paid all subcontractors furnishing labor or material the full sum due them at that stage of the contract, except any funds withheld under the terms of the contract. (c) In any instance where the contract stipulates that the general contractor will receive a series of prorated payments the general contractor or the general contractor's agents shall, upon the receipt of each payment, pay all subcontractors furnishing labor or materials, who have properly completed all work required of them at that stage of the contract, according to the same prorated formula which governs payments to the general contractor, i.e., if the general contractor receives 10% initially, persons furnishing labor and materials will receive 10% initially, and so through the course of the contract. 17 Del. C. 1953, §  803;  57 Del. Laws, c. 688;  59 Del. Laws, c. 174, §  1;  70 Del. Laws, c. 186, §  1;
17 DE Code § 804. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 8. Highway Construction Payments|§ 804. Contractor's failure to use or apply money in accordance with § 803 of this title.

§ 804. Contractor's failure to use or apply money in accordance with § 803 of this title. (a) Failure of a contractor, or an agent of a contractor, to pay or cause to be paid, in full or pro rata, the lawful claims of all persons, firms, associations of persons or corporations furnishing labor or material as required by § 803 of this title within 30 days after the receipt of any moneys or funds for the purposes of § 802 of this title shall be prima facie evidence of the payment, use or appropriation of such trust moneys or funds by the contractor in violation of this chapter. (b) Prior to any payment made to any subcontractors for materials, workmanship and all other supplies furnished by such person, persons or corporations an inspection shall be made by the Department of Transportation of all supplies and work furnished by the subcontractors and their approval of the work shall be required before payment is made. 17 Del. C. 1953, §  804;  57 Del. Laws, c. 688;  60 Del. Laws, c. 503, §  18;
17 DE Code § 805. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 8. Highway Construction Payments|§ 805. Penalties.

§ 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 pro rata to the extent of the moneys or funds so received all the lawful claims of all persons furnishing labor or materials, as prescribed by § 803 of this title, shall be fined not more than $1,000 or imprisoned not more than 3 years or both. 17 Del. C. 1953, §  805;  57 Del. Laws, c. 688.;
17 DE Code § 901. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 9. Drainage of Lands Adjacent to Public Roads|§ 901. Department of Transportation to drain certain lands along highways.

§ 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 construction, alteration or changing of the natural contour lines and levels along and over the area confined within such right-of-way, whereby the natural flow and drainage from such lands along and over such right-of-ways is retarded, hindered or stopped. 41 Del. Laws, c. 238, §  1;  17 Del. C. 1953, §  901;  57 Del. Laws, c. 671, §  7;  60 Del. Laws, c. 503, §  18;
17 DE Code § 902. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 9. Drainage of Lands Adjacent to Public Roads|§ 902. Construction of ditches along certain highways.

§ 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 construction, alteration or changing of such lands included in the right-of-way of such road or highway, the natural contour lines and levels of the lands included within such right-of-way of such road or highway would be changed, and waters would tend to collect upon and over the lands adjacent to such road or highway because of such change. 41 Del. Laws, c. 238, §  2;  17 Del. C. 1953, §  902;
17 DE Code § 903. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 9. Drainage of Lands Adjacent to Public Roads|§ 903. Drainage of flooded highway.

§ 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 shall forthwith drain, or cause to be drained by 1 or more ditches, or other conduits, such water from such lands. 41 Del. Laws, c. 238, §  3;  17 Del. C. 1953, §  903;
17 DE Code § 904. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 9. Drainage of Lands Adjacent to Public Roads|§ 904. Agreements with ditch companies for drainage purposes.

§ 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. For this purpose the Department may pay a fair and proportionable part of the expense thereof, the expense to be mutually agreed upon before the work is undertaken; and provided that the ditch company or corporation shall levy taxes sufficient to pay its fair and proportionable part of the expense, and provided that the work of cleaning, widening, deepening and extending the ditches shall be under the supervision of the Department. 32 Del. Laws, c. 57;  Code 1935, §  5760;  17 Del. C. 1953, §  904;
17 DE Code § 1201. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1201. Purposes.

§ 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 to preserve and enhance the scenic beauty of lands bordering such highways. The people of this State would suffer economically if the State failed to participate fully in the allocation and apportionment of federal-aid highway funds since a reduction in federal-aid highway funds would necessitate increased taxation to support and maintain the state road program system. It is, consequently, the intention of this chapter, among other things, to provide a statutory basis for the establishment, operation and maintenance of junkyards consistent with the public policy relating to areas adjacent to federal-aid interstate and primary highways declared by the Congress of the United States, in Title 23, United States Code. 17 Del. C. 1953, §  1201;  56 Del. Laws, c. 253, §  2;
17 DE Code § 1203. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1203. Enforcement of chapter; rules and regulations; examinations; application of chapter.

§ 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 necessary or advisable to implement the policy and accomplish the purposes of this chapter. Such regulations may include provisions governing the location, planting, construction (including materials used) and maintenance of the screening required by this chapter. Regulations pertaining to controlled areas shall be consistent with any national standards for junkyard control promulgated by the Secretary of Transportation of the United States pursuant to Title 23, United States Code. (b) All employees of the Department, or any peace officer of this State, when so directed by the Department or its officers, may enter into and upon any land or building to make any examination or survey which the Department deems necessary to the effective administration of this chapter, or to enforce this chapter. (c) This chapter shall apply only to junkyards situate, in whole or in part, outside the corporate limits of any incorporated municipality in this State and to those junkyards situate, in whole or in part, in controlled areas within such corporate limits, except for the requirement of § 1204 of this title. 17 Del. C. 1953, §  1203;  56 Del. Laws, c. 253, §  2;  61 Del. Laws, c. 166, §§  3, 4;
17 DE Code § 1204. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1204. Application and issuance of licenses.

§ 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 the right-of-way of any public highway of this State without obtaining a license from the Department. (b) The Department, in accordance with this chapter, shall issue and renew licenses for a period of 1 year for the establishment, maintenance and operation of junkyards within its jurisdiction, provided, however, no license shall be issued for the erection or construction of any junkyard which would be in violation of local law or ordinance at the time the application is filed. (c) The Department may establish and collect fees for the issuance of licenses and renewals thereof. The amount of such charge shall be so fixed as to provide the funds deemed necessary by it to defray the cost of the administration of this chapter. 17 Del. C. 1953, §  1204;  56 Del. Laws, c. 253, §  2;  61 Del. Laws, c. 166, §  5;
17 DE Code § 1205. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1205. Restrictions as to locations.

§ 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 chapter; (2) Junkyards which are screened by natural objects, plantings, fences or other means found appropriate by the Department so as not to be visible from the main-traveled way of the highway of the interstate or primary systems; (3) Junkyards located within areas which are zoned for industrial use under the laws of this State; (4) Junkyards located within unzoned industrial areas which the Department shall find are used for industrial activities. (b) No such license shall be granted for a junkyard which is permitted in a controlled area under this chapter solely because of paragraphs (a)(3) and (4) of this section unless such junkyard is fenced in the manner provided in paragraph (c)(3) of this section. (c) No license shall be granted for a junkyard which is not located within the limits of an incorporated municipality and which is within 1,000 feet of the nearest edge of the right-of-way of a public highway of this State other than a highway of the interstate or primary systems except the following:  (1) Junkyard lawfully in existence on the effective date of this chapter; (2) Junkyards which are screened by natural objects, plantings, fences or other means found appropriate by the Department so as not to be visible from the main-traveled way of public highway; (3) Junkyards which have a fence parallel to the public highway for the full length of the yard along the highway and a further fence extending back from the parallel fence the full length of the junkyard or for a distance of 1,000 feet, whichever distance shall be shorter, which fence or fences shall be at least 7 feet in height and shall to the extent of such height render the junkyard not visible from the view of persons traveling on the main-traveled way of the public highway.17 Del. C. 1953, §  1205;  56 Del. Laws, c. 253, §  2;  61 Del. Laws, c. 166, §  6;
17 DE Code § 1206. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1206. Screening, relocation, removal or disposal of lawfully preexisting junkyards.

§ 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) and (4) of this title shall be screened, if physically and economically feasible, by the Department at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way, so as not to be visible from the main-traveled way of the highway of the interstate or primary systems. Any such junkyard which the Department determines cannot, as a practical matter, be screened pursuant to this section shall be relocated, removed or disposed of by the owner thereof. 17 Del. C. 1953, §  1206;  56 Del. Laws, c. 253, §  2;  61 Del. Laws, c. 166, §  7;
17 DE Code § 1207. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1207. Compensation to owners on relocation, removal or disposal of their facilities.

§ 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 following categories:  (1) Those lawfully in existence on the effective date of this chapter; and (2) Those lawfully established and maintained on or after the effective date of this chapter.17 Del. C. 1953, §  1207;  56 Del. Laws, c. 253, §  2;  61 Del. Laws, c. 166, §  8;
17 DE Code § 1208. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1208. Acquisition of real property interest to effectuate screening, relocation, etc.

§ 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 junkyards required by this chapter. 17 Del. C. 1953, §  1208;  56 Del. Laws, c. 253, §  2;
17 DE Code § 1209. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1209. Public nuisance; screening or relocation, etc., of noncomplying junkyards; action to recover expenses.

§ 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 dispose of any junkyard or portion thereof which is established or maintained in violation of this chapter or the regulations prescribed thereunder after a written notice has been posted on such property for a period of 30 days and a copy thereof has been forwarded by mail to the owner of such junkyard at the owner's last known address. (c) All costs incurred under this section in screening, relocating, removing or disposing of such junkyards shall be the responsibility of the owner thereof and the Department shall have an action at law to recover such costs as well as the expenses of suit. 17 Del. C. 1953, §  1209;  56 Del. Laws, c. 253, §  2;  70 Del. Laws, c. 186, §  1;
17 DE Code § 1210. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1210. Injunction.

§ 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 DE Code § 1211. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1211. Penalties.

§ 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 Del. C. 1953, §  1211;  56 Del. Laws, c. 253, §  2;
17 DE Code § 1212. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 12. Regulation of Junkyards|§ 1212. Agreements with the United States government.

§ 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 and may take action in the name of the State to comply with the terms of such agreement. 17 Del. C. 1953, §  1212;  56 Del. Laws, c. 253, §  2;
17 DE Code § 1301. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1301. Jurisdiction of Superior Court and Department of Transportation.

§ 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 jurisdiction of the Department, the county in which it is located, municipalities, towns, any governmental authority or the general public, including areas not within the jurisdiction of a governmental authority, but for which the general public or specific members of the public have acquired an interest. The Court shall, in its final order, decide all questions raised concerning the vacation or collateral issues including the award of damages and shall further have the authority to review any decision made by the Department, county or other governmental authority concerning the abandonment or vacation of such rights-of-way. (b) The Department shall have jurisdiction and authority to conduct such administrative hearings and procedures as defined herein to vacate or abandon public roads, bridges and all other rights-of-way, as provided herein. (c) This chapter shall not preclude the Department from seeking equitable relief in the Court of Chancery for this State on any issue, including, but not limited to, injunctive relief, actions to acquire or quiet title, declaratory judgment or any other matter in the nature of an equitable remedy. Code 1852, c. 60;  Code 1915, §  1601;  21 Del. Laws, c. 259;  26 Del. Laws, c. 169, §  1;  Code 1935, §  1672;  17 Del. C. 1953, §  1301;  65 Del. Laws, c. 209, §  1;