Delaware Code § 17-139

Notice to landowners; written claim for damages
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After the Department has determined upon the road or roads which shall be maintained as state highways, it shall cause notice thereof to
be sent by mail, a record of which shall be preserved, to all persons owning property abutting upon or contiguous to such road or roads, and
any such owner or the legal representative of any such owner, who after such notice has been given shall construct any building within 60
feet of the center line of any such road, shall be allowed no compensation for such building, upon the condemnation thereof, or the land
upon which it is situated, unless such owner shall serve written notice upon the Department within 3 months from the time that the owner
receives such notice that the owner claims damages.

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