The Department may, with the approval of the Governor, construct toll crossings over or under the Delaware River between the State of Delaware and the State of New Jersey and may construct, reconstruct or improve such highways and express highways, as defined in § 101 of this title, in the State as the Department, in its sole discretion, designates necessary to carry traffic to and from the Delaware Memorial Bridge and to and from any other toll crossing constructed after July 27, 1955, or to be constructed, by the Department under this chapter, provided that no commercial enterprise or activity for serving motorists, other than emergency services for disabled vehicles, shall be conducted within or on any property designated as, or acquired for or in connection with any such express highway. The Department may construct on such property at locations it deems appropriate connecting service roads parallel to such express highways in such manner as to facilitate the establishment and operation of competitive commercial enterprises for serving motorists on private property abutting such service roads. The cost of such parallel service roads may be included in the cost of construction, reconstruction or improvement of expressways authorized in this chapter. In considering any construction, reconstruction or improvement of highways as herein authorized, the Department shall give first consideration to express highways for the use of traffic to and from the Delaware Memorial Bridge.
Structure Delaware Code
Chapter 4. DELAWARE INTERSTATE HIGHWAY DIVISION
§ 404. Contracts for maintenance of Delaware Memorial Bridge or repairs or improvements.
§ 406. Acquisition of property for toll crossings.
§ 407. Use of lands under Delaware River.
§ 410. Employment of general manager, guards and toll keepers; indemnity bond.
§ 411. Other crossings prohibited.
§ 412. Exemption from taxation.
§ 413. Bonds for construction of facilities.
§ 414. Bonds for refunding of outstanding obligations.
§ 415. Form and terms of bonds; disposition of proceeds.
§ 416. Bonds as legal investments for institutions and fiduciaries, and as legal deposit.
§ 417. Credit of State not pledged.
§ 419. Remedies of bondholders and trustees.
§ 420. Power to collect and pledge tolls and revenues; fixation of tolls, rates or charges.
§ 423. State covenant for control of crossings.
§ 424. Pecuniary interest of member or employee; penalty.