reglab/housing_qa huggingface dataset:
17 DE Code § 520. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 520. Injury to trees, shrubs, and landscaping.

§ 520. Injury to trees, shrubs, and landscaping. (a) Whoever negligently, wilfully or maliciously injures or damages trees, shrubs or other landscaping under the jurisdiction and control of the Department shall forfeit and pay treble damages therefor. The damages shall be computed as the sum of the cost of purchase of new trees, shrubs or other landscaping of equivalent size and quality and the removal and installation costs to replace the damaged trees, shrubs or other landscaping, including direct labor costs plus overhead costs, computed in accordance with accepted governmental accounting principles. (b) Justices of the peace, the Court of Common Pleas and the Superior Court shall have concurrent jurisdictions of actions under this section. (c) In actions before Justices of the Peace, the procedure shall be the same as is provided for actions of trespass before Justices of the Peace, with the right of appeal to the Court of Common Pleas, and, in actions before the Court of Common Pleas, the right of appeal to the Superior Court shall be preserved. 66 Del. Laws, c. 353, §  1;  69 Del. Laws, c. 423, §  21;
17 DE Code § 524. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 524. Removal of nonofficial signs from utility poles within state rights-of-way.

§ 524. Removal of nonofficial signs from utility poles within state rights-of-way. (a) Legislative findings. — The General Assembly finds that persons and firms post nonofficial signs on utility poles without prior authorization from the pole owner. Placing such signs on these poles is unsafe, both for the person attaching the sign and those in the vicinity of such activity when it occurs, including passersby. Therefore, it is appropriate to authorize the Department of Transportation to treat such signs as subject to immediate removal and other enforcement action under §§ 525 through 527 of this title, without regard to the clear zone distance limitations of those sections. (b) The Department of Transportation may treat any nonofficial signs placed on utility poles at any location within the State's rights-of-way as artificial obstructions within the clear zone, subject to immediate removal and other enforcement action under §§ 525 through 527 of this title, upon confirmation that the utility company had not previously authorized the placement of such signs. 75 Del. Laws, c. 98, §  121;
17 DE Code § 525. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 525. Maintenance of clear zones within rights-of-way.

§ 525. Maintenance of clear zones within rights-of-way. (a) The Department is authorized to maintain clear zones within the rights-of-way under its jurisdiction in the unincorporated areas of the State. In maintaining these clear zones, the Department shall have the immediate authority to remove artificial obstructions placed therein, including, but not limited to, nonofficial signs, poles, mailboxes not placed in conformance with Departmental regulation, or other hazards to safe passage. In removing artificial obstructions, the Department shall attempt to determine the owner of the obstruction and provide written notice and an opportunity for the owner to recover the obstruction after its removal. The Department shall also have the immediate authority to remove or trim vegetation growing within these rights-of-way. (b) As used in this chapter, the term “clear zone” has the following meanings:  (1) For all roads except those described in paragraph (b)(2) of this section, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for a distance of 10 feet perpendicular to the pavement edge. (2) For all interior streets within residential subdivisions, the term includes the total roadside border area within a right-of-way, starting at the edge of the pavement and continuing for the shorter distance of either:  a. Seven feet perpendicular to the pavement edge, or b. If there is a sidewalk adjacent to the street, the sidewalk edge further from the street. (3) The total area within the median strips between traveled ways or on any channelization islands or on any gore areas, except as permitted by § 1108(d) of this title. For purposes of this section, “gore area” means a longitudinal point where a physical barrier or the lack of a paved surface inhibits road users from crossing from a ramp or channelized turn lane or channelized entering lane to the adjacent through lane or lanes or vice versa. (c) The owner of any obstruction removed pursuant to this section shall be liable for a civil fine of $25 for each item so removed, payable to the Department. Justices of the Peace shall have original jurisdiction for any court proceedings relating to this fine. No owner of any such obstruction shall be entitled to the return of any removed obstruction without proof of payment of all outstanding fines. (d) Recovery by the owner of any artificial obstruction removed by the Department under this section shall be subject to the payment of a $15 recovery fee per obstruction. If the owner does not pay the fee and recover the obstruction within 30 days of its removal, the Department shall dispose of the obstruction in the exercise of its reasonable discretion. The Department may also take such legal steps as it deems necessary and proper to collect these recovery fees, including but not limited to a debt action in the courts of this State. 71 Del. Laws, c. 318, §  7;  75 Del. Laws, c. 98, §§  122, 123;  79 Del. Laws, c. 310, §  1;
17 DE Code § 526. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 526. Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms.

§ 526. Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms. (a) Except as provided in subsection (b) of this section, there shall be no commercial activity within any rights-of-way under the Department's jurisdiction in the unincorporated areas of the State. As used herein, “commercial activity” includes, without limitation, such activities as the placement of news boxes in such rights-of-way for the sale of newspapers, the placement of vending machines in such rights-of-way for the sale of goods, the placement of commercial advertising signs in such rights-of-way or the sale of goods from vehicles parked within such rights-of-way. If a commercial activity occurs within the clear zone of any such rights-of-way, the Department shall treat the machines, fixtures, signs or other materials used in such activity as an artificial obstruction under § 525 of this title, and may undertake the immediate removal of said materials as authorized therein. (b) Any of the following commercial uses of the rights-of-way shall be subject to enforcement under Chapter 11 of this title:  (1) Commercial activities occurring outside the clear zone; or (2) The placement of nonofficial signs outside the clear zone; or (3) The placement of vending machines at designated locations at safety roadside rest areas, as permitted by § 132(c)(14) of this title; or (4) The placement of news boxes outside the clear zone; or (5) Signs displayed on any school bus waiting shelter located with the approval of the Department of Education; or (6) Nonofficial signs displayed on transit shelters pursuant to Department-approved contracts.71 Del. Laws, c. 318, §  7;
17 DE Code § 527. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 527. Coordination with other statutes.

§ 527. Coordination with other statutes. In the event of a conflict between §§ 525 and 526 of this title and Chapter 11 of this title, §§ 525 and 526 shall take precedence. 71 Del. Laws, c. 318, §  7;
17 DE Code § 528. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 528. Restrictions against vehicle sales activities on State rights-of-way.

§ 528. Restrictions against vehicle sales activities on State rights-of-way. (a) No vehicle shall be left unattended on a state right-of-way for the purpose of selling such vehicle. (b) If a duly authorized employee of the Department of Transportation or a police officer shall determine that an unattended vehicle is on state right-of-way in violation of subsection (a) of this section, the vehicle may be removed from that location without prior notice to the registered owner of the vehicle, and taken to a private storage area maintained for the safe storage of vehicles, as prescribed by the towing and storage procedures in current use by the Delaware State Police or the Department of Transportation. Any costs of the removal and storage shall be borne by the registered owner of said vehicle, who shall be held prima facie responsible for the violation of this section. (c) The registered owner of any vehicle towed from a state right-of-way pursuant to this section shall also be subject to the enforcement provisions of § 4181 of Title 21. (d) This section shall not apply to vehicles left unattended on a state right-of-way due to the presence of a disabling condition or otherwise legally parked on the right-of-way. 74 Del. Laws, c. 181, §  1;
17 DE Code § 529. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 529. Inspection requirements for bridge owners.

§ 529. Inspection requirements for bridge owners. (a) As used herein, the terms “bridge” and “bridge with approaches” are defined as structures, including supports, erected over a depression or an obstruction such as water, a highway or a railway, with tracks or passageways for carrying traffic or other moving loads, and with openings measured along the center of the roadway of more than 20 feet (6.1 meters) between undercopings of abutments or spring lines of arches, or the extreme ends of openings for multiple boxes. The term “bridge” shall also include multiple pipe structures where the clear distance between pipe openings is less than half of the smaller pipe diameter(s), and the combined structure exceeds 20 feet (6.1 meters) in total span length. (b) All bridges and bridges with approaches located on or over public roads must be inspected in accordance with The National Bridge Inspection Standards, as codified in 23 C.F.R. Part 650, Subpart C, as amended, and in accordance with the following provisions:  (1) Such inspections shall be the responsibility of the bridge owner. (2) The inspections shall be performed by qualified personnel not less frequently than every 2 years, based on the bridge condition and on the schedule set by the Department of Transportation. (3) Inspection information must be collected, maintained and be available for review as required by the Federal Highway Administration's Recording and Coding Guide for Structure Inventory and Appraisal of the Nation's Bridge. (4) If the bridge owner does not perform the required inspection on the schedule approved by the Department of Transportation, the Department shall notify the bridge owner and give the bridge owner 60 days to produce the required inspection report. (5) If the bridge owner fails to produce the required inspection report after notice pursuant to paragraph (b)(4) of this section, the Department shall be empowered to take the following enforcement actions:  a. Perform the inspection, the costs of which shall be borne by the bridge owner. The Department shall have the right to enter the property to perform such inspections, regardless of the ownership of the property; or b. Close the bridge.72 Del. Laws, c. 201, §  1;
17 DE Code § 530. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 530. Dedication of right-of-way adjacent to a state highway.

§ 530. Dedication of right-of-way adjacent to a state highway. Notwithstanding any rule, law, or provision to the contrary, the dedication of a right-of-way along a state highway by any property owner pursuing a subdivision of their land, shall not be required where the property being subdivided is a farm or farmland and a right-of way is not deemed by the Department to be necessary due to safety issues that would be directly caused by the requested subdivision and:  (1) The parcel is subdivided into no more than 2 parcels which are continued to be used as a farm or farmland; or (2) The subdivided parcel or parcels are transferred to a family member or members for purposes of use as a family member or members' principal residence or farmland. The Department shall have the burden of proof to establish by clear and convincing evidence that a right-of-way is necessary due to safety issues directly caused by the requested subdivision. Should the Department require a right-of-way dedication pursuant to this section and fail to meet its burden of proof in a court proceeding then the property owner shall be entitled to reimbursement of their reasonable costs including but not limited to reasonable attorney fees incurred as a result of the Department's action. 75 Del. Laws, c. 39, §  1;
17 DE Code § 531. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 531. Connections to roads within restricted age communities.

§ 531. Connections to roads within restricted age communities. (a) The Department shall not accept into the state maintenance system any new road or street, pursuant to its authority under § 508 of this title, if the new road or street makes a connection to an existing street right-of-way of an adjoining residential age-restricted development, defined herein as a planned residential community whose deed restrictions or similar recorded provisions limit ownership and residence to persons 55 years of age or older. (b) Subsection (a) of this section shall not prohibit a connection to an existing street right-of-way of an adjoining residential age-restricted development, if the new road or street is to be part of a residential age-restricted development. (c) Subsection (a) of this section shall not prohibit a connection to an existing street right-of-way of an adjoining residential age-restricted development, if the owners of the property within that adjoining development elect to permit the connection, by a majority vote under the homeowner association rules or similar self-governance provisions applicable to that development. (d) Subsection (a) of this section shall not prohibit a connection to an existing street right-of-way of an adjoining residential age-restricted development, if the connection is limited to a sidewalk or multi-use pathway not designed for motorized vehicles and the owners of the property within that adjoining development elect to permit the connection, by a majority vote under the homeowner association's rules or similar self-governance provisions applicable to that development. (e) This section shall not be applicable to those roads and streets for which acceptance into the State maintenance system under § 508 of this title has been conditioned upon agreement to potential connections to the streets and roads of an adjoining property, as evidenced by the Department's approval of the conceptual site plan or proposed entrance configuration for the development, if granted prior to March 15, 2011. 78 Del. Laws, c. 32, §  1;
17 DE Code § 532. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 5. Highways, Roads and Bridges Generally|§ 532. Memorial signage.

§ 532. Memorial signage. Notwithstanding any law or regulation to the contrary, memorial signs for firefighters, EMS personnel, or law-enforcement officers killed along a Delaware road or highway in the line of duty are specifically authorized to be placed along the road near the place such person was killed. Such signage shall be constructed and installed in accordance with the Federal Manual on Uniform Traffic Control Devices, as published by the Federal Highway Administration under 23 C.F.R., Part 655, Subpart F. 78 Del. Laws, c. 67, §  1;
17 DE Code § 701. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 7. Railroad Crossings Over Highways|§ 701. Whistles at public highway crossings; blocking of crossings; penalty; jurisdiction.

§ 701. Whistles at public highway crossings; blocking of crossings; penalty; jurisdiction. (a) Every corporation operating any line of railroad within this State shall cause the approach of its locomotive engine to every public highway crossing such line of railroad at grade to be signalled by sounding 2 long blasts followed by 1 short blast followed by 1 long blast of the engine whistle on every such locomotive engine, beginning at least 300 yards from such crossing. Where 2 or more public highways cross any such railroad within a distance of 400 yards, the signal for the crossing first reached shall answer for all. This section shall not apply to the City of Wilmington, nor to any other crossings than those at grade nor to any such as are guarded by a watchperson or protected by safety gates. (b) If any corporation neglects or omits the performance of the duty prescribed and imposed by subsection (a) of this section, it shall be fined for the first offense $20, for the second offense $40 and for every subsequent offense not more than $100. (c) Every corporation operating any line of railroad within the State shall cause its trains to cross a highway or road for the public use within 10 minutes so that the highway or road is not blocked for any longer period of time, unless an emergency is the cause of the delay. (d) Any corporation violating subsection (c) of this section shall be fined not less than $500 and not more than $1000 for the first conviction and not less than $1000 and not more than $2000 for each subsequent conviction which occurs within 1 year after a previous conviction. (e) Justices of the peace shall have jurisdiction of offenses under this section. There shall be a right of appeal to the Court of Common Pleas in every case. 18 Del. Laws, c. 685, §§  1, 2;  Code 1915, §  1613;  Code 1935, §  1699;  17 Del. C. 1953, §  705;  52 Del. Laws, c. 124;  57 Del. Laws, c. 371, §§  1-3;  69 Del. Laws, c. 423, §  22;  70 Del. Laws, c. 186, §  1;
17 DE Code § 702. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 7. Railroad Crossings Over Highways|§ 702. Elimination of grade crossings; ascertainment of damages to owners.

§ 702. Elimination of grade crossings; ascertainment of damages to owners. Whenever eliminating any grade crossing in this State is desired, either by lowering or raising the grade of any public road at such grade crossing, whereby it becomes necessary to take or occupy any property for the purpose of eliminating such grade crossing, or whereby any damage will be done to any property adjacent thereto, the owners of such property shall be paid or tendered such damages as they shall respectively be entitled to receive, whether the damages shall be caused by the Department or by any railroad company or companies whose tracks or roadbeds are located at the crossings, which damages shall be assessed as in cases of condemnation in accordance with the procedure prescribed in Chapter 61 of Title 10. 27 Del. Laws, c. 168;  Code 1915, §  1615;  40 Del. Laws, c. 107;  Code 1935, §  1702;  17 Del. C. 1953, §  706;
17 DE Code § 703. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 7. Railroad Crossings Over Highways|§ 703. Crossing by state highways with watercourses or railroads.

§ 703. Crossing by state highways with watercourses or railroads. (a) The Department may cross any canal, navigable stream or watercourse with a state highway, but in such manner as not unnecessarily to impede the navigation and use thereof, and also may cross any railroad or railway with a state highway and acquire the necessary easement for such crossing either by agreement with the owner, or on failure to agree, by condemnation thereof in accordance with Chapter 61 of Title 10. However, no state highway shall cross any railroad or railway at grade except at a point or place where such railroad or railway is now crossed at grade by a public road, provided, however, state highways may cross spurs, sidings and branchlines of any railroad or railway at grade if approval is first obtained from the Secretary of the Department of Transportation to whom reasons and supporting data for requesting at grade crossing shall be furnished. All at grade crossings so approved shall be furnished with crossing protection, required by applicable federal, state and local regulations. (b) The Department may enter upon the lands or waters of any person for the purpose of making such examination and surveys for proposed highways as shall be required to be made in the selection of the most advantageous route for such highway, but subject at all times to responsibility for all and any damages which shall be done to the property of any such person or persons. 29 Del. Laws, c. 63, §  6;  34 Del. Laws, c. 79;  Code 1935, §  5739;  46 Del. Laws, c. 257, §  1;  17 Del. C. 1953, §  707;  62 Del. Laws, c. 341, §  1;
17 DE Code § 704. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 7. Railroad Crossings Over Highways|§ 704. Abandonment of roads crossing railroad at grade; relocation of roads; character of construction.

§ 704. Abandonment of roads crossing railroad at grade; relocation of roads; character of construction. (a) Whenever in the opinion of the Department a public road crossing of a railroad at grade should be abandoned, the Department may close and vacate the public road or such part thereof as may be necessary to prevent the use of the grade crossing. If, in the opinion of the Department, the convenience of the traveling public requires it, the Department shall relocate the public road or the part thereof thus vacated and shall connect the public road with some other public road which crosses the railroad. The Department may acquire any land, building, franchise, easement or other property necessary for the relocation of the road by purchase thereof or by condemnation proceedings as provided in Chapter 61 of Title 10. The character of the construction of the relocated public road shall be at the discretion of the Department and need not conform to the usual standards of the Department. (b) Whenever any public road is vacated, who shall enclose the same or any part thereof and what portion of the costs such persons ought to pay respectively shall be determined as provided in Chapter 13 of this title. 29 Del. Laws, c. 63, §  6;  34 Del. Laws, c. 80;  Code 1935, §  5740;  17 Del. C. 1953, §  708;
17 DE Code § 706. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 7. Railroad Crossings Over Highways|§ 706. Regulation of maintenance of railroad property.

§ 706. Regulation of maintenance of railroad property. (a) No hedge, shrub, tree or solid fence shall be erected, planted or maintained within the railroad property or right-of-way and for a distance of 25 yards from the point where that property or right-of-way crosses any public or private road at which grade crossing protection is not provided by gates, warning lights or watchperson. (b) If any railroad company, at any time, fails to comply with subsection (a) of this section, the Department shall notify the president or other executive officer of the company, in writing, stating the nature of the obstruction. If the company does not within 30 days thereafter comply with subsection (a) of this section, it shall be fined for the first offense $100, for the second offense $200 and for every subsequent offense not less than $500 nor more than $1,000. (c) The Superior Court shall have jurisdiction of offenses under this section. 17 Del. C. 1953, §  711;  57 Del. Laws, c. 721;  70 Del. Laws, c. 186, §  1;