Delaware Code § 17-405

Construction of toll crossings, highways, express highways and parallel service roads; operation of
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competitive commercial enterprises.
The Department may, with the approval of the Governor, construct toll crossings over or under the Delaware River between the State of

Delaware and the State of New Jersey and may construct, reconstruct or improve such highways and express highways, as defined in § 101
of this title, in the State as the Department, in its sole discretion, designates necessary to carry traffic to and from the Delaware Memorial
Bridge and to and from any other toll crossing constructed after July 27, 1955, or to be constructed, by the Department under this chapter,
provided that no commercial enterprise or activity for serving motorists, other than emergency services for disabled vehicles, shall be
conducted within or on any property designated as, or acquired for or in connection with any such express highway. The Department may
construct on such property at locations it deems appropriate connecting service roads parallel to such express highways in such manner as
to facilitate the establishment and operation of competitive commercial enterprises for serving motorists on private property abutting such
service roads. The cost of such parallel service roads may be included in the cost of construction, reconstruction or improvement of
expressways authorized in this chapter. In considering any construction, reconstruction or improvement of highways as herein authorized,
the Department shall give first consideration to express highways for the use of traffic to and from the Delaware Memorial Bridge.

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