For the purpose of this subchapter, the Department may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view and light, by gift, devise, purchase or condemnation in the same manner as such units are now or may, after June 22, 1956, be authorized by law to acquire such property or property rights in connection with highways and streets within its jurisdiction. All property rights acquired under this subchapter shall be in fee simple. In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof or service road in connection therewith, the Department may, in its discretion, acquire an entire lot, block or tract of land, if, by so doing, the interest of the public will be best served, even though said entire lot, block or tract is not immediately needed for the right-of-way proper.
17 Del. C. 1953,
§
175;
50 Del. Laws, c. 603,
§
1;
Notes of Decisions
Cited in
6
cases, 1959–1982 · leading case:
Julian v. State, 440 A.2d 990 (Del. 1982).
Julian v. State, 440 A.2d 990 (Del. 1982).
““Specifically, the Answer raised the question of the sole applicability of Title 17 Del.C. § 175 (acquisition of property for controlled access facilities) to the proposed Taking and the State’s Motion claimed the applicability of the general taking statute, 17 Del.”
Piekarski v. Smith, 153 A.2d 587 (Del. 1959).
“17 Del.C. § 175 provides in part: "For the purposes of this subchapter the Department may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by gift, device, purchase, or…”
State Ex Rel. State High. Dep't v. 9.88 Acres of Land, 253 A.2d 509 (Del. 1969).
· cites it 3× “2d 828 , and in reliance on 17 Del.C. § 175, adopted June 22, 1956. Section 175, in pertinent part, provides as follows: “In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection…”
State Ex Rel. State High. Dep't v. 14.69 Acres of Land, 226 A.2d 828 (Del. 1967).
· cites it 2× “17 Del.C. § 175. This section reads as follows: “For the purposes of this subchapter, the Department may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by gift, devise,…”
Piekarski v. Smith, 153 A.2d 587 (Del. Ch. 1959).
“17 Del.C. § 175 provides in part: “For the purposes of this subchapter the Department may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light, by gift, device, purchase, or…”
Tusso v. Smith, 162 A.2d 185 (Del. 1960).
“§§ 171-180 is not an implicit acceptance of appellants' subsidiary argument that 17 Del.C. § 175 necessarily overrules our decision in State ex rel.”
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