reglab/housing_qa huggingface dataset:
17 DE Code § 1302. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1302. Petition for vacation and/or abandonment; notice requirements.

§ 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 which the road, bridge or right-of-way is located, may apply to the Superior Court of such county for the vacation or declaration of abandonment thereof, by first giving notice to the Department and to the county, if neither is the applicant, and to all persons owning property abutting or contiguous to, or which is accessible only by, along or across that part of the road, bridge or right-of-way desired to be vacated, or declared to be abandoned, by mailing to the Department, the county and to such persons or their legal representatives, if known, at their last known address, written notice of their intent to file such petition with the Court at least 10 days prior to filing. (b) Upon the filing of any petition in Superior Court to vacate or to seek a declaration of abandonment of any road, bridge or other right-of-way, formal notice shall be provided by the petitioner to the Secretary of the Department, and the chief executive officer or officers of the county in which the right-of-way is located, by service of process as provided by law. Written notice by registered mail, return receipt requested, to such party or their legal representative at their last known post office address at the time of the filing of the application shall also be made upon all persons owning property abutting or contiguous to or which is only accessible by, along or across that part of the road, bridge or right-of-way desired to be vacated or declared to be abandoned and by posting signs at 100-foot intervals along such road, bridge or right-of-way desired to be vacated or declared to be abandoned clearly indicating such intent, at least 20 days prior to the hearing date set by the Court on such petition and also by publishing notice at least once per week for 2 consecutive weeks to all such parties in interest in a newspaper of general circulation in the county in which said road, bridge or right-of-way is located, clearly providing the place, time and hearing date on the petition set by the Court, at least 20 days prior thereto. (c) In all cases in which an order of abandonment or vacation is sought by administrative action by the Department, such action may be commenced by the Department, the county or other governmental authority or 5 or more residents of the county in which the road is located, in accordance with the terms of this chapter. Code 1915, §  1602;  26 Del. Laws, c. 169, §  2;  40 Del. Laws, c. 107;  Code 1935, §  1673;  44 Del. Laws, c. 103;  17 Del. C. 1953, §  1302;  60 Del. Laws, c. 338, §  1;  65 Del. Laws, c. 209, §  1;
17 DE Code § 1303. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1303. Definitions.

§ 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 or the general public in which the Department, other governmental authority or the general public has clearly indicated an intent to surrender all right, title, interest, and jurisdiction through lack of use, care, or maintenance thereof. (2) “Public use” shall mean the consistent use by 1 or more members of the general public for a minimum period of 7 years over an area to which no other person or entity has a clear, legal or equitable right. This section shall not apply to any area owned or controlled by the Department or other governmental authority. (3) “State-maintained street” shall mean any road, bridge or other right-of-way regardless of use which is within the control or jurisdiction of the Department. (4) “Vacation” shall mean the transfer of all right, title, interest, and jurisdiction in any road, bridge or other right-of-way when the Department, other governmental authority or the general public has clearly indicated an intent to abandon same through lack of use, care or maintenance thereof. In addition, “Vacation” with respect to any alley, pathway, walkway or other such right-of-way not within the jurisdiction of the Department shall mean the transfer of all right, title, interest and jurisdiction, in such right-of-way when the Superior Court shall determine that continued maintenance and use of such right-of-way has created or constitutes a nuisance or detriment to the abutting or surrounding landowners which nuisance outweighs the benefit to the general public of the continued existence of the right-of-way; provided, that no parkland, open space or greenway under the control of the Department of Natural Resources and Environmental Control or any county or municipal parks department shall be vacated under this chapter without the written approval of the controlling jurisdiction.Code 1915, §  1602;  26 Del. Laws, c. 169, §  2;  40 Del. Laws, c. 107;  Code 1935, §  1673;  17 Del. C. 1953, §  1303;  60 Del. Laws, c. 338, §  3;  65 Del. Laws, c. 209, §  1;  69 Del. Laws, c. 239, §§  1, 2;
17 DE Code § 1305. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1305. Right-of-way jurors; appointment and direction as to return.

§ 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 view said road, bridge or right-of-way and make return on a date fixed by the Court. The Court shall authorize the right-of-way jurors, so appointed, to employ, if necessary, a surveyor, and direct said right-of-way jurors to determine who shall enclose the area vacated or abandoned or any part thereof, and what portion of the costs such persons or agencies ought to pay respectively, all of which shall be set out in the return. (b) The right-of-way jurors named in the commission shall be first sworn or affirmed as shall be directed in the commission. (c) The return of the jurors shall be made to the Superior Court or to a judge thereof, who shall file the same in the Office of the Prothonotary. (d) In all cases such right-of-way jurors shall assess the damages which the Department, county, governmental authority, owner or other parties in interest will sustain by reason of such road, bridge or right-of-way vacation or abandonment, including, but not limited to, loss of use, impact upon other roads, bridges or rights-of-way, improvements previously made thereto, loss of benefit or aesthetic value to the public, inconvenience or the use of road or bridge materials, and, considering all circumstances of benefit or injury which may accrue to any such party in interest therefrom, shall make a recommendation to the Court, in the return, as to apportionment thereof. 26 Del. Laws, c. 169, §  3;  Code 1915, §  1603;  40 Del. Laws, c. 107;  Code 1935, §  1675;  17 Del. C. 1953, §  1305;  60 Del. Laws, c. 338, §  5;  65 Del. Laws, c. 209, §  1;
17 DE Code § 1306. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1306. Damages; hearing.

§ 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, as are permitted under this section or at the discretion of the Court. At the close of said hearing, the Court shall enter an order affixing damages in such manner as it determines the evidence warrants. (b) All damage questions shall be decided as provided in this chapter and shall include the right of the Department to recover the actual value of the real property, if it holds title thereto, to recover reasonable expenses for its loss of use of said vacated land, bridge or right-of-way, whether jurisdiction has been acquired by title, dedication, easement or some other means, and any reasonable costs and expenses incurred as a result of said vacation or abandonment resulting from an impact to other lands, bridges or rights-of-way within the jurisdiction of the Department. (c) Payment of damages shall be in such amounts and under such terms and conditions as the Superior Court, by order, shall direct. Any order of the Superior Court to vacate or abandon a road, bridge or right-of-way shall not become final until all damages have been paid in accordance with the Court's order. (d) Whenever any interested party neglects or omits to pay or tender the amount of ascertained damages to the parties or persons entitled to the same, said interested party shall be subject to the contempt power of the Court upon proper application by any party or person to whom damages are payable pursuant to the terms of the Court's order regarding same. (e) Any other provision of this chapter notwithstanding, the Court or the Department in making a determination as to what damages shall be paid by the Department shall consider only 2 factors:  (1) Only persons owning real property abutting the road or part thereof to be vacated or abandoned shall be entitled to recover damages; and (2) Any damages which may be otherwise recoverable by such persons from the Department must be offset by a monetary estimate of the benefit to be derived by said abutting real property owner. (f) Any hearing on damages conducted at an administrative hearing shall be as provided herein. 26 Del. Laws, c. 169, §  4;  Code 1915, §  1604;  40 Del. Laws, c. 107;  Code 1935, §  1676;  17 Del. C. 1953, §  1306;  60 Del. Laws, c. 338, §  6;  65 Del. Laws, c. 209, §  1;
17 DE Code § 1307. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1307. Appeal.

§ 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 amount of damages and their apportionment or any other matter raised at the Superior Court hearing. 26 Del. Laws, c. 195, §  5;  Code 1915, §  1605;  40 Del. Laws, c. 107;  Code 1935, §  1677;  17 Del. C. 1953, §  1307;  60 Del. Laws, c. 338, §  7;  65 Del. Laws, c. 209, §  1;
17 DE Code § 1308. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1308. Compensation and expenses of jurors and employees.

§ 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 as surveyors, chain carriers, axepersons and target bearers, and all other persons necessary to the economical execution of any order for vacating or abandoning roads, bridges or other rights-of-way, including the board and accommodation of persons properly employed in and about the execution of the work. 21 Del. Laws, c. 260, §  1;  26 Del. Laws, c. 169, §  3;  Code 1915, §§  1603, 1606;  40 Del. Laws, c. 107;  Code 1935, §§  1675, 1678;  17 Del. C. 1953, §  1308;  60 Del. Laws, c. 338, §  8;  65 Del. Laws, c. 209, §§  2, 7;  70 Del. Laws, c. 186, §  1;
17 DE Code § 1309. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1309. Costs of proceedings.

§ 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 enclose it, and in the pro rata share fixed by the return, before such enclosure. Code 1852, §  1093;  14 Del. Laws, c. 468;  17 Del. Laws, c. 118, §  2;  Code 1915, §  1607;  40 Del. Laws, c. 107;  Code 1935, §  1679;  17 Del. C. 1953, §  1309;  65 Del. Laws, c. 209, §  3;
17 DE Code § 1310. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1310. Power of railroads to vacate roads in special cases by agreement.

§ 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, change, at the expense of such company, any public or private road whenever a change will add to the safety of public travel. The change shall be made subject to the approval of the Department and of the county wherein the road is located, and shall be certified in writing and appended to a draft thereof, which draft and certification, returned to and recorded by the Prothonotary of the county wherein the same is located, shall, to all intents and purposes, confirm the change. 13 Del. Laws, c. 487, §  2;  Code 1915, §  1608;  40 Del. Laws, c. 107;  Code 1935, §  1680;  17 Del. C. 1953, §  1310;  60 Del. Laws, c. 338, §  9;
17 DE Code § 1312. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1312. Appeal from administrative decision.

§ 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 the question of the amount of damages and their apportionment. Any appeal not made pursuant to this section shall be barred and the decision of the Department shall be strictly enforceable by the Superior Court, pursuant to this chapter. 36 Del. Laws, c. 129, §§  1, 2;  40 Del. Laws, c. 107;  Code 1935, §  1654;  48 Del. Laws, c. 157, §  1;  17 Del. C. 1953, §  1312;  55 Del. Laws, c. 464;  65 Del. Laws, c. 209, §  5;
17 DE Code § 1313. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 13. Vacating Public Roads and Bridges|§ 1313. Road closures.

§ 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 traffic at any point along or adjacent to any road, street, bridge or other right-of-way. (2) “Governmental authority” means the Department of Transportation in the case of any state-maintained road, street, bridge or other right-of-way, or any other county, municipality or other political subdivision having the care, custody, control or jurisdiction of any road, street, bridge or other right-of-way. (3) “Notice” means publication once a week for 2 consecutive weeks in a newspaper of general circulation within the county in which such road, street, bridge or other right-of-way is located and written correspondence from the petitioner to each governmental authority or private owner having jurisdiction of or owning property abutting such road, street, bridge or other right-of-way in the form of a registered letter, return receipt requested. (4) “Private owner” means any nonpublic owner or owners of any land dedicated to public use or to which the public may otherwise have a right to use as a road, street, bridge or other right-of-way. (b) The Superior Court may, upon hearing and notice as provided in this section and upon a specific finding of the existence of a safety hazard or other valid public purpose, order temporary or permanent closure of any road, street, bridge or other right-of-way within this State. The Court, in making its determination, may further order the governmental authority having control or jurisdiction of such road, street, bridge or other right-of-way to prepare a statistical and factual report to be submitted to the Court detailing the usage of the road, the specific safety or other valid public purpose or reason ordering its closure and the impact such action will have upon the users of such road, street, bridge or other right-of-way. (c) Upon the receipt of any report prepared by the governmental authority relating to any right-of-way within its respective control or jurisdiction, the Court may order a hearing or take any other such action which it determines to be necessary to evaluate and determine whether such road, street, bridge or other right-of-way should be closed and the means and methods of such closure. 65 Del. Laws, c. 209, §  6;
17 DE Code § 1501. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 15. Ferry Between Lewes and Cape May|§ 1501. Title to land.

§ 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 Commissioner of the State of New Jersey between a point in Cape May County, New Jersey, and a point in Lewes, Delaware, such lands to be located in the Town of Lewes, Sussex County. 48 Del. Laws, c. 262, §  1;  17 Del. C. 1953, §  1501;
17 DE Code § 1502. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 15. Ferry Between Lewes and Cape May|§ 1502. Use of lands.

§ 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, and no tolls shall be charged by the State for the use of such facilities. However, this State shall not be liable in any respect whatsoever for any expense, cost, liability or indebtedness incurred for the construction, operation or maintenance of such service or facilities. 48 Del. Laws, c. 262, §  2;  17 Del. C. 1953, §  1502;
17 DE Code § 1503. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 15. Ferry Between Lewes and Cape May|§ 1503. Power of condemnation.

§ 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 of such service and facilities and approaches thereto to be conveyed to the State of Delaware, the Department of Transportation of Delaware shall, upon the written request of the State Highway Commissioner of New Jersey and upon being satisfactorily assured, by the deposit of cash or otherwise, by such State Highway Commissioner that the State of New Jersey will provide the money necessary to pay the condemnation money or damages awarded and expenses of the proceeding, condemn for the use of and to become a part of the ferry facilities the real estate in Sussex County, Delaware, deemed by the State Highway Commissioner of New Jersey and the Department of Transportation of Delaware to be necessary or convenient for the construction, operation and maintenance of the ferry service and facilities and approaches thereto. Such condemnation shall be effected in the manner in which the Department of Transportation is now authorized by law to condemn land for highway purposes. 48 Del. Laws, c. 262, §  3;  17 Del. C. 1953, §  1503;  57 Del. Laws, c. 671, §  8;  60 Del. Laws, c. 503, §  18;
17 DE Code § 1504. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 15. Ferry Between Lewes and Cape May|§ 1504. Right of State Highway Commissioner of the State of New Jersey to operate ferry.

§ 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 Commissioner of the State of New Jersey is granted a license to use the lands for the purpose of constructing, operating and maintaining the ferry service and facilities and the approaches thereto, and any additions thereto or improvements or repairs thereof. (b) The consent of this State is granted to the State of New Jersey, acting by and through the State Highway Commissioner of New Jersey, to construct, operate and maintain and to charge and collect rates, rents and other charges for the use of the ferry service and facilities and approaches thereto over and under the Delaware River, the southerly terminus thereof to be in Sussex County, Delaware, at or near the Town of Lewes, in accordance with certain legislation enacted by the Legislature of the State of New Jersey. 48 Del. Laws, c. 262, §§  4, 5;  17 Del. C. 1953, §  1504;
17 DE Code § 1505. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 15. Ferry Between Lewes and Cape May|§ 1505. Tax exemption.

§ 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. Laws, c. 262, §  6;  17 Del. C. 1953, §  1505;
17 DE Code § 1601. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 16. Advanced Wireless Infrastructure Investment Act|§ 1601. Short title.

§ 1601. Short title. This chapter shall be known as the “Advanced Wireless Infrastructure Investment Act.” 81 Del. Laws, c. 159, §  1;
17 DE Code § 1602. (2021)
2021 Delaware Code|Title 17 - Highways|Chapter 16. Advanced Wireless Infrastructure Investment Act|§ 1602. Findings of public policy.

§ 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 as an integral part of the State's infrastructure. (2) The design, engineering, permitting, construction, modification, maintenance, and operation of wireless facilities are instrumental to the provision of emergency services, and to increasing access to advanced technology and information for the citizens of Delaware. (3) The Department of Transportation in accordance with § 131(a) of this title is responsible for the absolute care, management and control of the state rights-of-way. (4) Wireless services providers and wireless infrastructure providers are not public utilities under § 102(2) of Title 26, but need access to the state rights-of-way and the ability to attach to poles and structures in the state rights-of-way to densify their networks and provide next generation services subject to the same policies and procedures as public utilities for accommodation in the state rights-of-way. (5) Small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, often may be deployed most effectively in the state rights-of-way. (6) Accordingly, expeditious processes and reasonable and nondiscriminatory rates and terms related to such deployments are essential to the construction and maintenance of wireless facilities. (7) Wireless facilities help ensure the State remains competitive in the global economy. (8) The timely design, engineering, permitting, construction, modification, maintenance, and operation of wireless facilities are declared to be matters of statewide concern and interest.81 Del. Laws, c. 159, §  1;