(a) No hedge, shrub, tree or solid fence shall be erected, planted or maintained within the railroad property or right-of-way and for a distance of 25 yards from the point where that property or right-of-way crosses any public or private road at which grade crossing protection is not provided by gates, warning lights or watchperson.

Terms Used In Delaware Code Title 17 Sec. 706

  • Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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) If any railroad company, at any time, fails to comply with subsection (a) of this section, the Department shall notify the president or other executive officer of the company, in writing, stating the nature of the obstruction. If the company does not within 30 days thereafter comply with subsection (a) of this section, it shall be fined for the first offense $100, for the second offense $200 and for every subsequent offense not less than $500 nor more than $1,000.

(c) The Superior Court shall have jurisdiction of offenses under this section.

17 Del. C. 1953, § ?711; 57 Del. Laws, c. 721; 70 Del. Laws, c. 186, § ?1;

  Previous section
Next section  
 Chapter 7 Contents