Delaware Code Title 9 Sec. 2402 – Acquisition by purchase or eminent domain; condemnation proceedings
(a) The County Council may acquire the land or interest therein either by purchase or by the exercise of the right of eminent domain which is expressly granted. In any case in which the County Council considers it necessary to acquire the land or interest therein by the right of eminent domain, the County Council shall proceed in accordance with the procedure prescribed in Chapter 61 of Title 10.
Terms Used In Delaware Code Title 9 Sec. 2402
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- 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) The right of eminent domain granted in subsection (a) of this section shall extend to and include the right to acquire the fee simple title to land, or an easement or a right-of-way in, to, over or above such land or property as the County Council deems necessary.
(c) Upon the institution of condemnation proceedings, the County Council may state in the complaint that the possession, right to enter, or occupancy of the land or interest therein is necessary to the project without delay, and the title to the land in fee simple absolute, or such lesser estate or interest therein, as may be specified, shall immediately pass to and vest in New Castle County, and said lands or interest therein shall be deemed to be condemned and taken for the use of such County, and the right to just compensation therefor shall vest in and to the person or persons entitled thereto. In the event of an immediate taking as specified in this subsection, the Superior Court may fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the County, and make such orders in respect to incumbrances, leases, taxes, rights, assessments, insurance or other charges, if any, as shall be just and equitable. The right to take possession and title in advance of final order or judgment in condemnation proceedings as provided in this subsection shall be in addition to any right, power or authority conferred by the laws of this State under which such proceedings may be conducted, and shall not be construed as limiting or modifying any such right, power or authority.
48 Del. Laws, c. 377, § ?2; 9 Del. C. 1953, § ?2402; 55 Del. Laws, c. 85, §§ ?16A-16C; 71 Del. Laws, c. 401, § ?15;