Delaware Code
Subchapter I. General Provisions
§ 908. Easements for public utilities across railroad property, rights-of-way, or occupations.

Any public utility operating within the State may acquire a utility easement for its public use in accordance with Chapter 61 of Title 10 whenever all the following conditions are met:

(1) The property on, over, under, along or across which the public utility easement is to be established:

a. Was previously owned by a railroad company, including a successor whose ownership interest derives, directly or indirectly, from the abandonment of the property use by a railroad company, or
b. Was subject to an easement, right-of-way or occupation for railroad purposes; and
(2) The railroad company's property interests have been extinguished by abandonment or otherwise; and
(3) Immediately prior to the time such railroad company's property interests were extinguished, a public utility held an easement, license, right-of-way, permission or occupation for public utility purposes that had been obtained from the railroad company; and
(4) The public utility and any owner or owners of the property cannot agree as to the terms and conditions of the acquisition by the public utility of a property interest for use for public utility purposes; and
(5) The property on which the utility easement to be acquired is not owned by the State or any of its agencies or political subdivisions; and
(6) The public utility exercises this authority in accordance with the provisions of Chapter 95 of Title 29.

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