Delaware Code
Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY
§ 530. Dedication of right-of-way adjacent to a state highway.

Notwithstanding any rule, law, or provision to the contrary, the dedication of a right-of-way along a state highway by any property owner pursuing a subdivision of their land, shall not be required where the property being subdivided is a farm or farmland and a right-of way is not deemed by the Department to be necessary due to safety issues that would be directly caused by the requested subdivision and:

(1) The parcel is subdivided into no more than 2 parcels which are continued to be used as a farm or farmland; or
(2) The subdivided parcel or parcels are transferred to a family member or members for purposes of use as a family member or members' principal residence or farmland.
The Department shall have the burden of proof to establish by clear and convincing evidence that a right-of-way is necessary due to safety issues directly caused by the requested subdivision. Should the Department require a right-of-way dedication pursuant to this section and fail to meet its burden of proof in a court proceeding then the property owner shall be entitled to reimbursement of their reasonable costs including but not limited to reasonable attorney fees incurred as a result of the Department's action.

Structure Delaware Code

Delaware Code

Title 17 - Highways

Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY

§ 501. Use of public road or bridge by railway.

§ 502. Closing of roads during repair.

§ 503. Nuisance; penalty.

§ 504. Entry upon contiguous or adjacent lands or streams; assessment of damages; hindering or obstructing work; penalty.

§ 505. Selling of nonuniform traffic-control devices; penalty.

§ 506. Maintenance priority of roads used for school buses or mail routes.

§ 507. Coordinating new development with local transportation improvements.

§ 508. Dedication of new roads for state maintenance; approval required; security.

§ 509. Highways deemed public roads.

§ 510. Speed limit and weight limits on structure.

§ 511. Injury to roads and bridges; double damages; jurisdiction of courts; procedure and appeal.

§ 512. Injury to roads, bridges, etc.; penalty.

§ 513. Trimming of hedges and removal of trimmings; penalty.

§ 515. Maintenance of unfenced junkyards within certain distance of highways; penalty.

§ 516. Creation or maintenance of nuisance within certain limits.

§ 517. Boulevard corporations.

§ 518. Trash within a certain distance of the highway; penalty.

§ 519. William J. Winchester Bridge.

§ 520. Injury to trees, shrubs, and landscaping.

§ 521. Snow removal in nonmunicipal residential communities.

§ 524. Removal of nonofficial signs from utility poles within state rights-of-way.

§ 525. Maintenance of clear zones within rights-of-way.

§ 526. Restrictions against commercial use of State rights-of-way; site-based enforcement mechanisms.

§ 527. Coordination with other statutes.

§ 528. Restrictions against vehicle sales activities on State rights-of-way.

§ 529. Inspection requirements for bridge owners.

§ 530. Dedication of right-of-way adjacent to a state highway.

§ 531. Connections to roads within restricted age communities.

§ 532. Memorial signage.