Delaware Code § 17-207

Lands held for duration of construction project and thereafter; limitation upon transfer and
Open in Lexace · Ask the AI about this section
development.
(a) Any other provision of law not withstanding, all lands, and all rights therein, on which landscaping, planting or reforestation
activities take place pursuant to this subchapter shall remain in the possession and control of the Department of Transportation for the
duration of the construction project and shall remain so thereafter until such time as the Department of Transportation determines that such
lands no longer meet its existing or projected needs. At such time, the Department of Transportation may transfer any or all of said lands to
any agency, instrumentality or political subdivision of the State for the purposes of preserving them for the public good.
(b) At no time may the Department of Transportation, or any other agency, instrumentality or political subdivision of the State transfer
any right in or to lands on which reforestation activities take place that would in any way change the nature of the lands from forestland or
that would permit development of any kind on said lands other than for the purposes of establishing or expanding a local, state or federal
park, natural area, or preserve.
(c) The Department of Transportation may perform maintenance activities such as pruning or the selective removal of diseased or dead
trees as it deems necessary for the safe operation of the transportation system.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.