Section 1311 - Vacation of public roads by administrative action of department; procedureIn all cases in which the necessity for existing public roads has ceased to exist because they have been superseded by improved roads or highways constructed by the Department whether a state-maintained street or otherwise, or their necessity has ceased to exist as a part of the general highway system of the State, the Department may vacate or abandon such public roads or such part thereof as the Department may deem proper and may determine who shall enclose the same. The Department may, at any time, determine that a public road not serving the general public and not maintained by the Department for a period of 20 years shall be abandoned and no longer be under the Department's jurisdiction. The procedure therefor shall be as follows:
(1) Whenever the necessity for the continuation of an existing public road, or a portion thereof, in this State shall cease to exist, as stated in this section, the Department shall, by resolution signed by the Secretary, fix a time and place at which persons interested, including the county wherein the road is located, may be heard with respect to the vacation or abandonment thereof. A copy of the resolution shall be published in a newspaper of the county in which the public road is located in at least 2 issues thereof, prior to the date fixed for the hearing, and likewise a copy of the resolution shall be sent by mail addressed to the chief executive officer(s) of the county wherein the road is located and to the owners of the land abutting or contiguous to the road, or part thereof, and to owners whose land is accessible only by, along or across that part of the road at least 20 days prior to the day fixed for the hearing. The copy shall be addressed to the owners at their last known post office addresses, if such can be ascertained by reasonable inquiry, otherwise the publication of the resolution shall be deemed to be sufficient.(2) The Department shall, on the day and time fixed, proceed to hear persons interested and shall consider any objection to the vacation or abandonment of the road, or part thereof, and shall make a determination concerning the same. If the Department determines that no necessity exists for continuation of the public road, or part thereof, it may order the same to be vacated or abandoned and may determine who shall enclose the same. The order of the Department shall be entered in the road books or records of the county in which the public road is located, after any appeal time has lapsed, together with a description of the road, or part thereof, ordered to be vacated or abandoned, and thereupon the road, or part thereof, shall cease to exist as a public road, and the persons entitled to enclose the same may proceed to use and occupy the vacated or abandoned road.(3) The Department may vacate any public road in this State running parallel with an improved highway in this State; provided that all the abutting property owners along the public road consent to the vacating of such public road and signify such consent in writing; and provided further that such vacation shall have no significant adverse impact upon any party or person owning property which is only accessible by, along or across that part of the road to be vacated; provided, however, that circuity of access alone shall not be considered significant adverse impact for purposes of this section.(4) Whenever any public road is vacated or abandoned pursuant to this section, unless specifically determined otherwise by the Department, the abutting property owners on either side thereof shall be permitted to extend the boundaries of their respective property to the middle of such vacated or abandoned public road and shall own all of that land to said middle of the vacated or abandoned public road. If required, the Department may issue a deed of such land suitable for filing.(5) The Department, at an administrative hearing conducted after prior notice to all interested parties as provided in this chapter, may determine and award an apportionment of damages under the criteria set forth in this chapter. Such award of damages shall be strictly enforceable by any party or person by application to the Superior Court, which may then adopt, modify or remand such award in the form of an enforceable order. (6) Notwithstanding the foregoing, the Department may vacate a portion of a public road or right of way by way of a resolution signed by the Secretary without the necessity of undertaking public notice nor hearing when such portion to be vacated is only subject to newly improved or alternate roadway realignment of an existing public road and does not result in such public road being vacated or abandoned altogether. The Department shall document the appropriateness and reasonableness of the administrative action procedure for a proposed road vacation or abandonment of said road. The Department may issue a document suitable for recording to accomplish the particular vacation. Such document may include a deed, resolution, or easement extinguishment, as the individual circumstances may require. Said document shall be recorded in the Office of the Recorder of Deeds in and for the county where the vacated portion of such public road lies and shall provide for the disposition of the property rights of the vacated road portion or right of way, with such disposition to occur as otherwise provided herein. The order of the Department and realigned portions shall be entered in the road books or records of the county in which the public road is located. Amended by Laws 2023 , ch. 91, s 1, eff. 6/30/2023.37 Del. Laws, c. 116, § 2; 40 Del. Laws, c. 107; Code 1935, §§ 1682, 1683; 47 Del. Laws, c. 277, §§1, 2; 17 Del. C. 1953, § 1311; 60 Del. Laws, c. 338, §10; 65 Del. Laws, c. 209, §4.;