reglab/housing_qa huggingface dataset:
10 DE Code § 5901. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 59. Change of Name|§ 5901. Petition for change of name. [For application of this section, see 82 Del. Laws, c. 84, § 5]

§ 5901. Petition for change of name. [For application of this section, see 82 Del. Laws, c. 84, § 5] (a) Except as provided in subsection (b) of this section, any person who desires to change his or her name, shall present a petition, duly verified, to the Court of Common Pleas sitting in the county in which the person resides. The petition shall set forth such person's name and the name he or she desires to assume. (b) Family Court shall have jurisdiction over a change of name:  (1) As part of divorce proceedings; (2) As part of the establishment of paternity under the Uniform Parentage Act [Chapter 8 of Title 13]; or (3) If the subject of the petition is a minor. (c) The common law right of any person to change his or her name is hereby abrogated as to individuals subject to the supervision of the State of Delaware Department of Correction. Such individuals may only effect a name change by petitioning the Court of Common Pleas as follows:  (1) Individuals subject to the supervision of the Department of Correction shall be prohibited from adopting any names other than their legal names or otherwise effecting name changes, except as provided in this subsection. (2) When, based upon testimony or sworn affidavits, the Court finds that a petition for a name change of an individual subject to the supervision of the Department of Correction is motivated by a sincerely held religious belief or gender identity, the Court may grant such petition. In any case in which an individual subject to the supervision of the Department of Correction petitions the Court of Common Pleas for a change of name, the Court shall provide notice and opportunity to oppose the name change to the Department of Correction and shall permit it to submit any appropriate documentation in support of its opposition. (3) If an individual is granted a name change pursuant to paragraph (c)(2) of this section, he or she must provide all names previously held or adopted, as well as his or her legal name when signing any legal document or providing information to a law-enforcement officer. (4) The granting of any name changes pursuant to this subsection shall not restrict the Department of Correction from maintaining institutional files or otherwise referring to individuals by the names under which they became subject to the Department's supervision.27 Del. Laws, c. 264, §  1;  Code 1915, §  4657;  Code 1935, §  5115;  10 Del. C. 1953, §  5901;  59 Del. Laws, c. 512, §  1;  67 Del. Laws, c. 103, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 479, §  1;  80 Del. Laws, c. 52, §  1;  82 Del. Laws, c. 84, § 1;
10 DE Code § 5902. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 59. Change of Name|§ 5902. Requirements for minor's petition.

§ 5902. Requirements for minor's petition. If the name sought to be changed under this chapter is that of a minor, the petition shall be signed by at least 1 of the minor's parents, if there is a parent living, or if both parents are dead, by the legal guardian of such minor. When the minor is over the age of 14, the petition shall also be signed by the minor. 27 Del. Laws, c. 264, §  2;  Code 1915, §  4658;  Code 1935, §  5116;  10 Del. C. 1953, §  5902;
10 DE Code § 5903. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 59. Change of Name|§ 5903. Publication of petition prior to filing. [For application of this section, see 82 Del. Laws, c. 84, § 5]

§ 5903. Publication of petition prior to filing. [For application of this section, see 82 Del. Laws, c. 84, § 5] Except for petitions under § 5901(b) of this title, no petition for change of name under this chapter shall be granted unless it affirmatively appears that the petition or a notice thereof has been published in a newspaper published in the county in which the proceeding is had, at least once a week for 3 weeks before the petition is filed. 27 Del. Laws, c. 264, §  3;  Code 1915, §  4659;  Code 1935, §  5117;  10 Del. C. 1953, §  5903;  75 Del. Laws, c. 209, §  1;  82 Del. Laws, c. 84, § 2;
10 DE Code § 5904. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 59. Change of Name|§ 5904. Determination by Court [For application of this section, see 81 Del. Laws, c. 141, § 2.].

§ 5904. Determination by Court [For application of this section, see 81 Del. Laws, c. 141, § 2.]. (a) Upon presentation of a petition for change of name under this chapter, and it appearing that the requirements of this chapter have been fully complied with, and there appearing no reason for not granting the petition, the prayer of the petition may be granted. (b) If a parent or legal guardian of a minor files a petition under this chapter and seeks to add that parent's or legal guardian's surname to the minor's surname either as an additional name or hyphenated with the minor's previously existing surname, or if a legal guardian who holds permanent guardianship of a minor files a petition under this chapter and seeks to change that minor's entire name, there is a presumption in favor of granting the petition. A parent or legal guardian opposing a petition filed under this chapter has the burden to overcome the presumption by establishing by clear and convincing evidence that the totality of the following factors demonstrates that granting the petition would cause the minor more harm than benefit:  (1) The length of time that a surname has been used for or by the minor. (2) The minor's reasonable preference for a surname. (3) The effect of the change of the minor's surname on the preservation and development of the minor's relationship with each parent or legal guardian. (4) The identification of the minor as a part of the family unit or, if applicable, multiple family units. 27 Del. Laws, c. 264, §  4;  Code 1915, §  4660;  Code 1935, §  5118;  10 Del. C. 1953, §  5904;  81 Del. Laws, c. 141, § 1;  81 Del. Laws, c. 332, § 1;
10 DE Code § 5905. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 59. Change of Name|§ 5905. Costs.

§ 5905. Costs. The costs of any proceeding under this chapter shall be paid by the petitioner. 27 Del. Laws, c. 264, §  5;  Code 1915, §  4661;  Code 1935, §  5119;  10 Del. C. 1953, §  5905;
10 DE Code § 6101. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6101. Application of chapter.

§ 6101. Application of chapter. This chapter shall govern the procedure for all condemnations of real and personal property within this State under the power of eminent domain exercised by any authority whatsoever, governmental or otherwise. 48 Del. Laws, c. 271, §  1;  10 Del. C. 1953, §  6101;
10 DE Code § 6102. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6102. Jurisdiction of Superior Court; filing of complaint.

§ 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 is situated in 1 county and part in another, then in either county. The Superior Court shall have exclusive jurisdiction of all condemnation proceedings. 48 Del. Laws, c. 271, §  2;  10 Del. C. 1953, §  6102;
10 DE Code § 6103. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6103. Applicability of Superior Court Rules.

§ 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;  10 Del. C. 1953, §  6103;
10 DE Code § 6104. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6104. Joinder of properties.

§ 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;
10 DE Code § 6105. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6105. Complaint; parties.

§ 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 one of the owners of some part of or interest in the property. (b) The complaint shall contain a short and plain statement of the authority for the taking, the use for which the property is to be taken consistent with § 9501A of Title 29, the compliance with § 9505(15) of Title 29, a description of the property sufficient for its identification, the interest to be acquired, and, as to each separate piece of property, a designation of the defendants who have been joined as owners thereof or of some interest therein. (c) Upon the commencement of the action, the plaintiff need join as defendants only the persons having or claiming an interest in the property whose names are then known, but prior to any hearing involving the determination of compensation to be paid, the plaintiff shall add as defendants all persons having or claiming an interest in the property whose names can be ascertained by a search of the records to the extent commonly made by competent searchers of title in the vicinity in the light of the character and value of the property involved and the interest to be acquired, and also those whose names have otherwise been learned. All others may be made defendants under the designation “Unknown Owners.” (d) Process shall be served as provided in § 6106 of this title upon all defendants, whether named as defendants at the time of the commencement of the action or subsequently added, and a defendant may answer as provided in § 6107 of this title. (e) In the event that § 9501A(d) of Title 29 applies, then the Court shall schedule a hearing for the agency to meet its burden to establish a public use as defined in 9501A of Title 29. 48 Del. Laws, c. 271, §  5;  10 Del. C. 1953, §  6105;  77 Del. Laws, c. 12, §§  3, 4;
10 DE Code § 6106. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6106. Process; notice of publication.

§ 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 manner as other writs of summons in the Court in accordance with Rule 4(d) and (f)(1)(I), (III), (IV) of the Rules of the Superior Court. (b) If it appears by affidavit of the plaintiff or the plaintiff's attorney that any defendant cannot be personally served with summons, because he or she is outside of this State, or because after diligent inquiry his or her place of residence cannot be ascertained by the plaintiff, or if any defendant is an infant or incompetent person or under some other legal disability, the Court may make an order directing that service shall be made upon any such defendant by publishing a notice, substantially in the form prescribed in subsection (c) of this section, in a newspaper of general circulation in the county in which the proceeding is pending, at least once a week for 2 successive weeks. Such service by publication shall be supplemented by service by registered mail, where practicable, as the Court in its order may direct. Notice to unknown owners shall be given by publication in like manner by notice addressed to “unknown owners,” coupled, if practicable, with an appropriate identification of the alleged source of their interest in the property, as the Court may direct. Proof of publication and of mailing, if required, shall be made by affidavit of the plaintiff or the plaintiff's attorney on or before such time as the Court may fix. (c) The notice referred to in subsection (b) of this section shall set forth the name of the Court, the title of the action, the name or names of the defendant or defendants to whom it is directed, a statement that the action is one for the condemnation of property, a brief description of such property reasonably sufficient for its identification, the extent of the interest to be taken, the authority for the taking, and the use or uses for which the property is to be taken. The notice shall also state that any defendant shall serve and file, in accordance with the rules of court, an answer within 20 days after the date of the first publication of the notice, in default of which no objection or defense to the taking of the property will be heard. The notice shall also specify the name and address of the plaintiff's attorney therein. 48 Del. Laws, c. 271, §  6;  10 Del. C. 1953, §  6106;  70 Del. Laws, c. 186, §  1;
10 DE Code § 6107. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6107. Objections or defenses to taking.

§ 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 defendant claims to have an interest, shall state the nature and extent of the interest claimed, and shall state specifically any such objections or defenses to the taking of the property. All objections and defenses not so presented shall be deemed waived. After the disposition of all such objections and defenses the cause shall proceed to the trial of the issue of just compensation. 48 Del. Laws, c. 271, §  7;  10 Del. C. 1953, §  6107;
10 DE Code § 6109. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6109. Dismissal of action.

§ 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 plaintiff may dismiss the action as to that property, without an order of the Court, by filing a notice of dismissal setting forth a brief description of the property as to which the action is dismissed. (b) Before the entry of any award or possession of property is taken by the plaintiff, the action may be dismissed, in whole or in part, without an order of the Court, as to any property by filing a stipulation of dismissal by the plaintiff and the defendant affected thereby, and, if the parties so stipulate, the Court may vacate any award that has been entered. (c) At any time before compensation for a piece of property has been determined and paid and, after motion and hearing, the Court may dismiss the action as to that party, except that it shall not dismiss the action as to any part of the property of which the plaintiff has taken possession, or in which the plaintiff has taken title or a lesser interest, but shall award just compensation for the possession, title or lesser interest so taken. The Court at any time may drop a defendant unnecessarily or improperly joined. (d) Except as otherwise provided in the notice or stipulation of dismissal, or order of the Court, any dismissal is without prejudice. 48 Del. Laws, c. 271, §  9;  10 Del. C. 1953, §  6109;
10 DE Code § 6110. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6110. Entry into possession; requirements.

§ 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 therein specified, and upon deposit in Court of the sum of money estimated by plaintiff to be just compensation for the property or the part thereof taken, has the right to enter into possession, occupy or take the property from and after such day, upon entry of an appropriate order by the Court, which order may be made ex parte and without notice. (b) Upon application of any party in interest, the Court may order the money so deposited in Court, or any part thereof, be paid forthwith for or on account of just compensation to be awarded in the proceeding and such payment shall not jeopardize any party's right to prove just compensation in a greater or less amount. If the compensation finally awarded to any defendant exceeds the amount paid to the defendant on distribution of the deposit, the Court shall credit the payment to the final award and if the compensation finally awarded to any defendant is less than the amount which has been paid to the defendant, the Court shall enter judgment against the defendant in favor of the plaintiff for such overpayment. (c) In any case where possession has been so taken the obligation of the plaintiff to pay the amount ultimately determined as just compensation in the cause shall be absolute. Title shall vest in plaintiff on the date of payment of the final award. 48 Del. Laws, c. 271, §  10;  10 Del. C. 1953, §  6110;  70 Del. Laws, c. 186, §  1;
10 DE Code § 6112. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6112. Review.

§ 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 within 1 month from the time of entry of the final confirmed award of the Superior Court. 48 Del. Laws, c. 271, §  12;  10 Del. C. 1953, §  6112;
10 DE Code § 6113. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6113. Time for payment of award; interest.

§ 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 the Supreme Court is taken, plaintiff or plaintiffs may pay or tender the amount thereof within 1 month of the entry of any final award entered pursuant to the mandate of the Supreme Court. Interest shall accrue on the award from the date of taking possession or from the date of the award, whichever first occurs. 48 Del. Laws, c. 271, §  13;  10 Del. C. 1953, §  6113;
10 DE Code § 6114. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6114. Deposit of award.

§ 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 such award, the Court may direct that the amount of such award be deposited by the plaintiff to the credit of such party in any state or national bank having a branch or office in the county wherein the condemnation proceedings are instituted, within the periods providing for payment as set forth in § 6113 of this title, or the Court may make such other order as is appropriate and just. 48 Del. Laws, c. 271, §  14;  10 Del. C. 1953, §  6114;  63 Del. Laws, c. 142, §  28;
10 DE Code § 6115. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 61. Condemnation|§ 6115. Recording of certified abstract of condemnation proceedings; failure to record.

§ 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 been paid or deposited as provided in the statute, the record thereof shall be filed in the office of the prothonotary for the county, in which the land lies and the person, corporation or political subdivision for whose benefit such land is condemned, shall secure from the prothonotary a certified abstract of the record of such condemnation proceedings. The certified abstract shall include a description of the land condemned, a statement of the title or interest so acquired, the name of the former owner or owners of such interest, the name of the person, corporation or political subdivision, acquiring the interest through the proceedings and a memorandum showing the amount of damages paid or deposited. The abstract shall, within 30 days after the memorandum showing the amount of damages paid or deposited shall have been filed in the prothonotary's office, be recorded in the office of the recorder of deeds for the county wherein the land lies, in the deed records of the county and shall be indexed by the recorder in the name of the condemning person, corporation or political subdivision, as the grantee, and in the name of the former owner or owners of the land, as the grantor or grantors. (b) If such abstract is not recorded as provided in subsection (a) of this section, the condemnation proceedings shall not avail against a subsequent fair creditor, mortgagee or purchaser, for a valuable consideration, unless it shall appear that such creditor when giving the credit, or such mortgagee or purchaser, when advancing the consideration, had notice of such condemnation proceedings. Code 1915, §  3238A;  33 Del. Laws, c. 210;  34 Del. Laws, c. 197;  Code 1935, §  3702;  10 Del. C. 1953, §  6115;
10 DE Code § 6201. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 62. Vacating the Dedication of Open Space and Parkland|§ 6201. Jurisdiction of Superior Court.

§ 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 questions raised concerning the vacation, including the award of damages. (b) The several counties and municipalities are prohibited from vacating any dedication of open space or parkland except in accordance with the procedures established in this chapter. (c) This chapter shall not preclude any county or municipality 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. 66 Del. Laws, c. 423, §  1;
10 DE Code § 6202. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 62. Vacating the Dedication of Open Space and Parkland|§ 6202. Application of chapter.

§ 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 use of the general public or to easements or rights-of-way for drainage or utilities related to said streets, roads or highways. (b) Neither through the procedures established in this chapter, nor through any other procedure in law or in equity shall the dedication of any parcel of land be vacated, which parcel is part of a public park or recreation area which:  (1) Is 5 acres or more in size; and (2) Has been operated or maintained as a public park or recreation area for 1 year or longer.66 Del. Laws, c. 423, §  1;