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
Chapter 5. HIGHWAYS, ROADS AND BRIDGES GENERALLY
§ 501. Use of public road or bridge by railway.
§ 502. Closing of roads during repair.
§ 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.
§ 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.