The Department shall, at all times, cause suitable and sufficient ditches or other conduits to be constructed along the right-of-way of any road or highway constructed, altered or changed, whereby, because of such construction, alteration or changing of such lands included in the right-of-way of such road or highway, the natural contour lines and levels of the lands included within such right-of-way of such road or highway would be changed, and waters would tend to collect upon and over the lands adjacent to such road or highway because of such change.

41 Del. Laws, c. 238, § ?2; 17 Del. C. 1953, § ?902;

Terms Used In Delaware Code Title 17 Sec. 902

  • 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
  • highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
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