Whenever eliminating any grade crossing in this State is desired, either by lowering or raising the grade of any public road at such grade crossing, whereby it becomes necessary to take or occupy any property for the purpose of eliminating such grade crossing, or whereby any damage will be done to any property adjacent thereto, the owners of such property shall be paid or tendered such damages as they shall respectively be entitled to receive, whether the damages shall be caused by the Department or by any railroad company or companies whose tracks or roadbeds are located at the crossings, which damages shall be assessed as in cases of condemnation in accordance with the procedure prescribed in Chapter 61 of Title 10.

27 Del. Laws, c. 168; Code 1915, § ?1615; 40 Del. Laws, c. 107; Code 1935, § ?1702; 17 Del. C. 1953, § ?706;

Terms Used In Delaware Code Title 17 Sec. 702

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
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