(a) In the event that street rights-of-way are inadequate or where street rights-of-way are in question, the Division of Highways of the State Department of Transportation may acquire the rights-of-way necessary for the suburban community construction project. In every respect, the acquisition of such necessary street rights-of-way shall follow the then current practice of the Division of Highways of the State Department of Transportation in acquiring rights-of-way for contracts.
(b) In the event of notification by the county government pursuant to § 506 of this title, the Division shall determine whether the streets in question have been laid out or dedicated prior to January 1, 1971. The Division shall not require the right-of-way for streets laid out or dedicated prior to January 1, 1971, to be greater than 30 feet in width, unless a greater width has been set aside or dedicated in the original plan or map of such community.
Structure Delaware Code
Chapter 5. SUBURBAN COMMUNITY IMPROVEMENTS
Subchapter I. Sidewalks, Streets, Signs, Drainage, Storm Sewers
§ 503. Petition to county government for improvements; who may petition; contents.
§ 504. Survey and plot of community by State Department of Transportation.
§ 505. Determination by county government after receipt of survey and plot.
§ 506. Division of Highways data.
§ 507. Election to authorize bond issue; fixing time for holding.
§ 508. Contents of notice of election.
§ 509. Place, time and manner of voting; judge of election.
§ 510. Persons entitled to vote.
§ 511. Certification of result of election; retention of ballots.
§ 512. Notification to Director if bond issue authorized.
§ 514. Preparation, form and execution of bonds.
§ 515. Sale of bonds; proceeds of sale; advertising required.
§ 516. Requirements for bidding on bonds.
§ 517. Rejection and acceptance of bids; opinion required.
§ 518. Rights-of-way; acquisition of; limitations on.
§ 519. Contracts for improvements; procedure for awarding.
§ 520. Exemption from limitations of county contract laws.
§ 523. Maintenance of improvements.
§ 524. Assessment on real property in suburban community; time for making and basis.
§ 525. Determination of portion of total assessment payable annually; special lien; payment.
§ 526. Lien book; preparation and distribution.
§ 527. Notice of assessment; when to be given; contents; interest on delinquent installments.
§ 528. Record of lien on books of board of assessment.
§ 529. Receipt and disposition of assessment payments; bond.
§ 530. Bill for annual installment of assessment; mailing.
§ 531. Collection of assessments in default; procedure; deficiencies.