Delaware Code Title 17 Sec. 704 – Abandonment of roads crossing railroad at grade; relocation of roads; …
(a) Whenever in the opinion of the Department a public road crossing of a railroad at grade should be abandoned, the Department may close and vacate the public road or such part thereof as may be necessary to prevent the use of the grade crossing. If, in the opinion of the Department, the convenience of the traveling public requires it, the Department shall relocate the public road or the part thereof thus vacated and shall connect the public road with some other public road which crosses the railroad. The Department may acquire any land, building, franchise, easement or other property necessary for the relocation of the road by purchase thereof or by condemnation proceedings as provided in Chapter 61 of Title 10. The character of the construction of the relocated public road shall be at the discretion of the Department and need not conform to the usual standards of the Department.
Terms Used In Delaware Code Title 17 Sec. 704
- Construction: means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. See Delaware Code Title 17 Sec. 101
- Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
- Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 17 Sec. 101
(b) Whenever any public road is vacated, who shall enclose the same or any part thereof and what portion of the costs such persons ought to pay respectively shall be determined as provided in Chapter 13 of this title.
29 Del. Laws, c. 63, § ?6; 34 Del. Laws, c. 80; Code 1935, § ?5740; 17 Del. C. 1953, § ?708;