reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1114. Signs excepted from provisions of this subchapter.

§ 1114. Signs excepted from provisions of this subchapter.
The classes of signs described below are excepted from all provisions of this subchapter other than the provisions of § 1103(a)(2) insofar as those provisions may be implemented by regulations controlling and restricting outdoor advertising signs, displays and devices in controlled areas:
(1) Outdoor advertising signs, displays and devices 32 square feet or less erected or maintained upon real property and placed on the premises to identify a business conducted thereon.
(2) Outdoor advertising signs, displays and devices (containing 12 square feet or less in areas zoned residential or 32 square feet or less in areas zoned otherwise) upon real property stating that the property, or a part thereof, is for sale or for rent.
(3) A notice or advertisement required by law in any legal proceeding or put upon the property by public authority.
(4) A danger or precautionary sign containing 2 square feet or less relating to the premises or a sign warning of the condition of or danger of travel on a highway.
(5) Any notice or sign of any railroad or other transportation or transmission or communication company necessary for the direction or information or safety of the public.
(6) Any sign containing 6 square feet or less and directing travelers to any town, village, city, historical site or attractions, provided the same is maintained at public expense.
(7) Nonofficial signs displayed on transit shelters under contracts approved by the Department.
42 Del. Laws, c. 182, §  8;  17 Del. C. 1953, §  1114;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276;  60 Del. Laws, c. 290, §  6;  61 Del. Laws, c. 262, §§  17, 18;  63 Del. Laws, c. 178, §§  1, 2;  71 Del. Laws, c. 318, §§  2, 3;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter I. General Provisions › § 1120. Severability.

§ 1120. Severability.
If any exception, section, part, phrase, or provision of this chapter or the application thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the exception, section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the remainder of this chapter or the application thereof.
71 Del. Laws, c. 318, §  4;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter II. Areas Adjacent to Highways of the Interstate and Primary Systems › § 1121. Limitations of outdoor advertising in controlled areas.

§ 1121. Limitations of outdoor advertising in controlled areas.
Subject to § 1122 of this title, no outdoor advertising sign, display or device, any part of the advertising, informative or attention attracting contents of which is visible from the main traveled way of a highway of the interstate system or primary system, shall be erected or maintained within a controlled area, unless it shall come within 1 or more of the following categories:
(1) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions as authorized or required by the laws of this State;
(2) Signs, displays and devices advertising the sale or lease of the real property upon which they are located;
(3) Signs, displays and devices advertising activities conducted on the real property upon which they are located;
(4) Signs, displays and devices located either:
a. In controlled areas adjacent to the interstate system and within the boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property is subject to municipal regulation and control, which are zoned industrial or commercial; or
b. In other controlled areas adjacent to the interstate system zoned industrial or commercial which were zoned industrial or commercial as of September 21, 1959;
(5) Signs, displays and devices located in controlled areas adjacent to highways of the primary system which are zoned industrial or commercial;
(6) Signs, displays and devices located in unzoned commercial and industrial controlled areas adjacent to highways of the primary system and defined by regulations to be promulgated by the Department;
(7) Any school bus waiting shelter displaying a sign provided such sign does not exceed 32 square feet in area and with a limit of 2 signs per shelter. Should the State Department of Education determine that there is no longer a need for a waiting shelter at its present location, the exemption provided by this paragraph shall then terminate.
Such outdoor advertising signs, displays and devices as are permitted in controlled areas under this section shall be erected and maintained only in conformity with such applicable regulations as may be promulgated by the Department under § 1103 of this title.
17 Del. C. 1953, §  1121;  57 Del. Laws, c. 276;  57 Del. Laws, c. 633, §  13;  61 Del. Laws, c. 262, §§  19-21;  71 Del. Laws, c. 318, §  5;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter II. Areas Adjacent to Highways of the Interstate and Primary Systems › § 1122. Removal of nonconforming advertising; fair compensation.

§ 1122. Removal of nonconforming advertising; fair compensation.
(a) Just compensation shall be paid upon the removal of the following outdoor advertising signs, displays and devices:
(1) Those lawfully in existence on July 14, 1969;
(2) Those lawfully on any highway made a part of the interstate or federal-aid primary system on or after July 14, 1969; and
(3) Those lawfully erected on or after July 14, 1969.
(b) The Department is authorized to acquire the necessary right in and to property and is directed to pay compensation therefor in the same manner as with other property acquired for state highway purposes with respect to the foregoing outdoor advertising signs, displays and devices. The compensation to be paid shall be for the following:
(1) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display and device; and
(2) The taking from the owner of the real property on which such sign, display or device is located, of the right to erect and maintain such signs, displays or devices thereon. Notwithstanding these provisions, no rights in and to property shall be acquired with respect to any outdoor advertising sign, display or device except to the extent that federal funds authorized to be appropriated pursuant to the federal Highway Beautification Act of 1965, as amended, to reimburse the State for 75% of the cost thereof, are in fact appropriated and allocated to the State for that purpose.
17 Del. C. 1953, §  1122;  57 Del. Laws, c. 276.;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter II. Areas Adjacent to Highways of the Interstate and Primary Systems › § 1123. Advertising in rest areas.

§ 1123. Advertising in rest areas.
In order to provide information in the specific interest of the traveling public, the Department is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at rest areas and to establish information centers in such areas for the purpose of informing the public of places of interest within the State and providing such other information as may be considered desirable, provided, however, that no such information centers shall be established within controlled areas adjacent to the interstate system without the approval of the Secretary of Transportation of the United States.
17 Del. C. 1953, §  1123;  57 Del. Laws, c. 276;  61 Del. Laws, c. 262, §  22;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter II. Areas Adjacent to Highways of the Interstate and Primary Systems › § 1124. Signs, displays and devices providing information for the traveling public; location.

§ 1124. Signs, displays and devices providing information for the traveling public; location.
Signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained, pursuant to agreement between the Department and the Secretary of Transportation of the United States, within the right-of-way of highways of the interstate system, at appropriate distances from interchanges on such systems.
17 Del. C. 1953, §  1124;  57 Del. Laws, c. 276.;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter II. Areas Adjacent to Highways of the Interstate and Primary Systems › § 1125. Agreements with federal government or agencies.

§ 1125. Agreements with federal government or agencies.
The Department may enter into agreements, consistent with this chapter, with the Secretary of Transportation of the United States relating to the control of outdoor advertising in controlled areas and take action in the name of the State to comply with the terms of such agreements.
The Department may accept allotment of funds by the United States, or any department or agency thereof, authorized by the Federal-Aid Highway Act of 1958, or any subsequent legislation supplementary to or amending such Act, in connection with any agreement entered into by the Department and the Secretary of Transportation of the United States relating to the control of outdoor advertising in controlled areas adjacent to the interstate and/or primary system.
17 Del. C. 1953, §  1125;  53 Del. Laws, c. 87, §  1;  57 Del. Laws, c. 276;  61 Del. Laws, c. 262, §  23;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter II. Areas Adjacent to Highways of the Interstate and Primary Systems › § 1126. Relationship of subchapter to other provisions of chapter.

§ 1126. Relationship of subchapter to other provisions of chapter.
The provisions of this subchapter relating to the regulation of outdoor advertising in controlled areas are in addition to, and not in lieu of, subchapter I of this chapter.
61 Del. Laws, c. 262, §  24;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter III. Limited Access, State Toll Roads › § 1131. Limitations of outdoor advertising along limited access, state toll roads.

§ 1131. Limitations of outdoor advertising along limited access, state toll roads.
The provisions of subchapter II of this chapter shall be applicable to any limited access, state toll road in this State.
68 Del. Laws, c. 417, §  1;
2023 Delaware Code › Title 17 - Highways › Chapter 11. REGULATION OF OUTDOOR ADVERTISING › Subchapter III. Limited Access, State Toll Roads › § 1132. Sign limitations on state toll highways.

§ 1132. Sign limitations on state toll highways.
(a) Notwithstanding any other provisions of this Code to the contrary, variable message signs (VMS) may not be erected or placed, facing in the same direction of travel, and directed toward and able to be read by travelers along state toll highways, within 1,000 feet of any toll highway listed in subsection (c) of this section, except for those signs installed within the rights-of-way of a toll highway for official Department use.
(b) As used in this section, “variable message sign” (“VMS”) means a sign or portion of a sign on which the message copy includes characters, letters, or illustrations that can be changed or rearranged electronically or mechanically without touching or physically altering the primary surface of the sign. Message copy for a VMS may be changed in the field or from a remote location.
(c) The provisions of this section apply to the following:
the portion of State Route 1 running from the point at which it merges with U.S. Route 13 below State Route 71 to the point where it merges with the southbound on-ramp of State Route 9.
78 Del. Laws, c. 138, §  1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;