Bill Text: DE HB397 | 2023-2024 | 152nd General Assembly | Draft
Bill Title: An Act To Amend Title 17 Of The Delaware Code Relating To The Establishment Of Department Of Transportation Ownership Of Abandoned Land Encumbered By The Departments Right-of-way Easements.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-07-17 - Signed by Governor [HB397 Detail]
Download: Delaware-2023-HB397-Draft.html
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SPONSOR: |
Rep. Matthews & Sen. Hansen |
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 397
AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF DEPARTMENT OF TRANSPORTATION OWNERSHIP OF ABANDONED LAND ENCUMBERED BY THE DEPARTMENT’S RIGHT-OF-WAY EASEMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 5, Title 17 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 533. Establishment of Department ownership of abandoned land encumbered by Department right-of-way easements.
(a) Any land encumbered by a permanent easement for right-of-way purposes may be deemed to be owned in fee simple, by the Department, in the name of the State, when such land has been abandoned by the grantor(s) of such permanent easements, or by the grantor’s successors in interest, provided that the following conditions are satisfied:
(1) The land is encumbered by a permanent easement, for right-of-way purposes, that was properly conveyed to the Department.
(2) A minimum of 40 years has passed since the granting of the permanent easement and during that period the Department has used the permanent easement in accordance with § 131 of this title.
(3) A minimum of 40 years has passed since the underlying fee simple ownership of the encumbered land was conveyed by a properly recorded instrument and neither the original grantor(s) nor the heirs or successors of the original grantor(s) can be located.
(4) Neither the original grantor(s) of the permanent easement nor the heirs or successors of the original grantor(s) are the fee simple owners of any land directly adjoining the land encumbered by the permanent easement.
(5) No action has been filed by any purported owner in any court of this State pertaining to determination of fee simple ownership of the land encumbered by the permanent easement.
(6) The land encumbered by the Department’s permanent easement is part of a current Department project.
(b) The Department shall promulgate regulations to establish procedures for establishing its determination that the land encumbered by the permanent right-of-way easement has been abandoned and for recording its fee simple ownership of the land.
SYNOPSIS
The purpose of this Act is to reduce the cost to the State in addressing ownership of land encumbered by public right-of-way permanent easements when the land has been abandoned by a prior owner and a current owner cannot be located. This Act will allow the Department, in the name of the State, to obtain fee simple ownership of land encumbered by right-of-ways, previously conveyed to the Department by permanent easement, when such right-of-ways are part of a current Department project. This Act requires the Department to promulgate regulations to establish the procedures for establishing that the land has been abandoned and for recording its fee simple ownership of the land.
