Del. C. » Title 9 — Sussex County · CHAPTER 70. County Government and County Administrators · Counties
Delaware Code

9 Del. C. § 7001 (2026)

Powers of the government of Sussex County

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(a) General powers. — The government of Sussex County, as established by this chapter, shall assume and have all powers which, under the Constitution of the State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute; including, but not limited to, any powers conferred prior to the effective date of this act by the General Assembly upon Sussex County, or upon the Levy Court of Sussex County, or upon the Levy Court Commissioners of Sussex County, or upon the officers or employees of Sussex County, or upon counties generally, or upon Levy Court Commissioners generally, or upon County Councils generally. This grant of power includes the power to fix the tax rate upon the assessed valuation of all real property in Sussex County subject to assessment by the County. This grant of power does not include the power to enact private or civil law concerning civil relationships, except as incident to the exercise of an expressly granted power, and does not include the power to define and provide for the punishment of felonies.

(b) Construction. — The powers of Sussex County under this reorganization law shall be construed liberally in favor of the County, and specific mention of particular powers in the reorganization law shall not be construed as limiting in any way the general powers stated in subsection (a) of this section.

(c) Intergovernmental relations. — The government of Sussex County may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any 1 or more states or civil divisions or counties or agencies thereof, or the United States or any agency thereof.

(d) Exercise of powers. — All powers of the government of Sussex County shall be carried into execution as provided by this title or by other law of this State or if this title or other law of this State makes no such provision, as provided by ordinance or resolution of the county government of Sussex County.

9 Del. C. 1953, §  7001;  57 Del. Laws, c. 762, §  1;  63 Del. Laws, c. 38, §  1; 
Notes of Decisions
Cited in 2 cases, 1975–2016 · leading case: Muir v. Cnty. Council of Sussex Cnty., 393 F. Supp. 915 (D. Del. 1975).
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Muir v. Cnty. Council of Sussex Cnty., 393 F. Supp. 915 (D. Del. 1975). “Since Sussex County has waived sovereign immunity in 9 Del.C. § 7001(a) (1970 Supp.), see Varity Builders, Inc.”
Robert Walker, Jr. v. Charles L. Williams, No. CA 9667-VCG (Del. Ch. Nov. 4, 2016). “See generally 9 Del. C. § 7001 (granting to the County all state police powers not denied by statute).”
9 Del. C. § 7001(a): 1 case
Muir v. Cnty. Council of Sussex Cnty., 393 F. Supp. 915 (D. Del. 1975). “Since Sussex County has waived sovereign immunity in 9 Del.C. § 7001(a) (1970 Supp.), see Varity Builders, Inc.”
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