Delaware Code § 17-1305

Right-of-way jurors; appointment and direction as to return
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(a) If the Superior Court orders that the road, bridge or other right-of-way shall be vacated, or declared to be abandoned, it shall then
appoint 5 judicious and impartial right-of-way jurors of the county to view said road, bridge or right-of-way and make return on a date
fixed by the Court. The Court shall authorize the right-of-way jurors, so appointed, to employ, if necessary, a surveyor, and direct said
right-of-way jurors to determine who shall enclose the area vacated or abandoned or any part thereof, and what portion of the costs such
persons or agencies ought to pay respectively, all of which shall be set out in the return.
(b) The right-of-way jurors named in the commission shall be first sworn or affirmed as shall be directed in the commission.
(c) The return of the jurors shall be made to the Superior Court or to a judge thereof, who shall file the same in the Office of the
Prothonotary.
(d) In all cases such right-of-way jurors shall assess the damages which the Department, county, governmental authority, owner or other
parties in interest will sustain by reason of such road, bridge or right-of-way vacation or abandonment, including, but not limited to, loss of
use, impact upon other roads, bridges or rights-of-way, improvements previously made thereto, loss of benefit or aesthetic value to the
public, inconvenience or the use of road or bridge materials, and, considering all circumstances of benefit or injury which may accrue to
any such party in interest therefrom, shall make a recommendation to the Court, in the return, as to apportionment thereof.

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