Delaware Code

10 Del. C. § 6110 (2026)

Entry into possession; requirements

✓ current as of May 2026

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(a) At any time after the filing of any condemnation proceeding under this chapter, the plaintiff, upon the filing of a notice of intention to take possession of the property sought to be condemned, or any part thereof, on a day therein specified, and upon deposit in Court of the sum of money estimated by plaintiff to be just compensation for the property or the part thereof taken, has the right to enter into possession, occupy or take the property from and after such day, upon entry of an appropriate order by the Court, which order may be made ex parte and without notice.

(b) Upon application of any party in interest, the Court may order the money so deposited in Court, or any part thereof, be paid forthwith for or on account of just compensation to be awarded in the proceeding and such payment shall not jeopardize any party’s right to prove just compensation in a greater or less amount. If the compensation finally awarded to any defendant exceeds the amount paid to the defendant on distribution of the deposit, the Court shall credit the payment to the final award and if the compensation finally awarded to any defendant is less than the amount which has been paid to the defendant, the Court shall enter judgment against the defendant in favor of the plaintiff for such overpayment.

(c) In any case where possession has been so taken the obligation of the plaintiff to pay the amount ultimately determined as just compensation in the cause shall be absolute. Title shall vest in plaintiff on the date of payment of the final award.

48 Del. Laws, c. 271, § 10; 10 Del. C. 1953, § 6110; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 1967–2025 · leading case: 1.67 Acres of Land v. State Ex Rel. Allen, 225 A.2d 763 (Del. 1967).

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1.67 Acres of Land v. State Ex Rel. Allen, 225 A.2d 763 (Del. 1967). “10 Del.C. § 6110, and appellants objected thereto, denying any necessity for the taking.”

State Ex Rel. State High. Dep't v. 14.69 Acres of Land, 245 A.2d 788 (Del. 1968). · cites it 2× “On August 11, 1965, it deposited, pursuant to 10 Del.C. § 6110, the sum of $274,140.00 as estimated just compensation for the land sought to be taken, and sought an order of possession under 10 Del.”

Dep't of Transp. v. J&J Props. of Langhorne, LLC (Del. Super. Ct. 2025). · cites it 3× “1 and 10 Del. C. § 6110, and has set forth a prima facie 104 J&J’s Mot.”

Melpar, LLC v. State (Del. 2022). · cites it 2× “(3) Under 10 Del. C. § 6110(a), an entity with the power of eminent domain1 may obtain an order from Superior Court for possession of property after filing a condemnation proceeding and notice of intention to take possession of the property and depositing with the court “the sum…”

Shahin v. State of Delaware, Upon the Relation of the Sec'y of the Dep't of Transp. (Del. 2023). “DelDOT then moved for an order of possession under 10 Del. C. § 6110 and deposited its approximation of the good faith value of the taking ($6,900.”

Bank of Delaware v. Hargraves, 242 A.2d 472 (Del. Ch. 1968). “Subsection (c) thereof provides: “In any case where possession has been so taken the obligation of the plaintiff to pay the amount ultimately determined as just compensation in the cause shall be absolute.”

— 10 Del. C. § 6110(a) — 2 cases

Melpar, LLC v. State (Del. 2022). “(3) Under 10 Del. C. § 6110(a), an entity with the power of eminent domain1 may obtain an order from Superior Court for possession of property after filing a condemnation proceeding and notice of intention to take possession of the property and depositing with the court “the sum…”

Dep't of Transp. v. J&J Props. of Langhorne, LLC (Del. Super. Ct. 2025). “1 and 10 Del. C. § 6110, and has set forth a prima facie 104 J&J’s Mot.”

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