Delaware Code
Chapter 18. PUBLIC CARRIER
§ 1803. Railroad rights-of-way; acquisition by Department; notice of abandonment.

In order to permit the state Department to receive notice of, and be afforded an opportunity to acquire, by purchase or condemnation, railroad rights-of-way proposed to be abandoned, sold or leased, it shall be unlawful for any present railroad right-of-way in the State to be abandoned, sold or leased without first serving notice thereof upon the Secretary of the Department, and no sale, conveyance or lease of any part of such right-of-way shall thereafter be made to any person other than the State for a period of 90 days, from the time such notice was served, unless prior thereto the Secretary of the Department shall have filed with the server of the notice a written disclaimer of interest in acquiring all or any part of said right-of-way. The Department shall have the first and primary right to acquire such abandoned right-of-way. The railroad company shall not be entitled to compensation for said right-of-way if it does not possess a fee simple interest (clear title). The State, through the Department, is hereby empowered to purchase, take by gift or devise, or condemn any identifiable interest, reversionary or otherwise, in said abandoned right-of-way. Any sale or conveyance made in violation of this section shall be void.

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