SB 76 — AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO VACATION OF PUBLIC ROADS BY ADMINISTRATIVE ACTION.

Summary

This Act amends §1311, Title 17 of the Delaware Code to allow for the Delaware Department of Transportation to vacate an old right of way of a newly realigned section of road by resolution.

Bill Text

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This bill allows the Delaware Department of Transportation to vacate portions of public roads by resolution without the need for public notice or hearing under specific conditions.

• § 1311, Title 17

  Notwithstanding the foregoing, the Department may vacate a portion of a public road or right of way by way of a resolution signed by the Secretary without the necessity of undertaking public notice nor hearing when such portion to be vacated is only subject to newly improved or alternate roadway realignment of an existing public road and does not result in such public road being vacated or abandoned altogether. → Notwithstanding the foregoing, the Department may vacate a portion of a public road or right of way by way of a resolution signed by the Secretary without the necessity of undertaking public notice nor hearing when such portion to be vacated is only subject to newly improved or alternate roadway realignment of an existing public road and does not result in such public road being vacated or abandoned altogether. The Department shall document the appropriateness and reasonableness of the administrative action procedure for a proposed road vacation or abandonment of said road.

  The Department can vacate certain portions of public roads more easily by documenting reasons without public notice.

• § 1311, Title 17

  Such document may include a deed, resolution, or easement extinguishment, as the individual circumstances may require. → Such document may include a deed, resolution, or easement extinguishment, as the individual circumstances may require. Said document shall be recorded in the Office of the Recorder of Deeds in and for the county where the vacated portion of such public road lies and shall provide for the disposition of the property rights of the vacated road portion or right of way, with such disposition to occur as otherwise provided herein.

  Clarifies the types of documents that can be issued to record the vacation of a road and their recording requirements.

• § 1311, Title 17

  The order of the Department and realigned portions shall be entered in the road books or records of the county in which the public road is located. → The order of the Department and realigned portions shall be entered in the road books or records of the county in which the public road is located.

  Ensures that orders related to road vacations are properly recorded in county records.

Action History

1. June 30, 2023

   Signed by Governor

2. June 20, 2023

   Passed By House. Votes: 39 YES 2 ABSENT

3. June 06, 2023

   Reported Out of Committee (Transportation) in House with 6 On Its Merits

4. May 05, 2023

   Assigned to Transportation Committee in House

5. May 04, 2023

   Passed By Senate. Votes: 20 YES 1 ABSENT

6. April 26, 2023

   Reported Out of Committee (Environment, Energy & Transportation) in Senate with 1 Favorable, 5 On Its Merits

7. April 04, 2023

   Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

Sponsors

• Stell Parker Selby · Primary
• Ronald E. Gray · Primary
• William J. Carson · Primary
• David L. Wilson · Primary
• John "Jack" Walsh · Primary
• Brian Pettyjohn · Primary
• Stephanie L. Hansen · Primary
• Sean Matthews · Primary

Votes

Subjects