Delaware Code Title 26 Sec. 1101 – Powers and duties
(a) (1) Every corporation organized under the provisions of Chapter 1 of Title 8 for the purpose of producing or distributing steam, heat and power, in addition to the powers conferred upon corporations generally, may lay the necessary pipes and conduits beneath the public roads, highways, streets, avenues and alleys in this State.
(2) Such pipes and conduits shall be laid at least 3 feet below the surface of the same and shall not in anywise unnecessarily obstruct or interfere with public travel or damage public or private property.
(3) The consent of the council, town commissioners or other persons having control over the public roads, highways, streets, avenues and alleys of the city, town and district wherein or through which it is contemplated to lay such pipes and conduits beneath such public roads, highways, streets, avenues or alleys shall first, and as a condition precedent, be obtained before any such public roads, highways, streets, avenues or alleys are disturbed, opened or dug up. Such consent of the council or town commissioners shall be by ordinance of such council or commissioners duly adopted, or of such persons having control over the public roads or highways, by resolution adopted at a meeting to be held not less than 30 days after notice thereof has been given by notices posted up in 5 of the most public places on the public road or highway which is proposed to be used for such purposes.
Terms Used In Delaware Code Title 26 Sec. 1101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- 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
(b) (1) Such use of public roads, highways or streets, avenues and alleys in any of the cities, towns or districts of this State shall be subject to such terms, regulations and restrictions as may be imposed by the council, town commissioners or other persons having control over the public roads and highways of the district, and the portions of the surface of the roads, highways, streets, avenues and alleys disturbed in laying the pipes shall be immediately restored to their original condition and any pavements which are removed for the purpose of laying or repairing the pipes shall be restored to as good condition as they were previously thereto and so maintain the same for 6 months after the completion of the work.
(2) In case of failure on the part of the corporation to so maintain and restore the pavements, the street commissioner or other officer having supervision of the streets may properly restore and maintain the same, and the costs thereof may be recovered by the city or town from the corporation in any court of competent jurisdiction.
21 Del. Laws, c. 273, § ?99; 22 Del. Laws, c. 166, § ?17; Code 1915, § ?2042; Code 1935, § ?2186; 26 Del. C. 1953, § ?1101;