26 Del. C. § 908
This is the official text of 26 Del. C. § 908, part of Delaware’s Del. C — part of the compiled statutory law of Delaware, published by the state as "Del. C." Browse the sections below, each linked to its official government source.
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§ Â 908. Easements for public utilities across railroad property, rights-of-way, or occupations.
Official statutory text
Any public utility operating within the State may acquire a utility easement for its public use in accordance with Chapter 61 of Title 10 whenever all the following conditions are met:
(1) The property on, over, under, along or across which the public utility easement is to be established:
a. Was previously owned by a railroad company, including a successor whose ownership interest derives, directly or indirectly, from the abandonment of the property use by a railroad company, or
b. Was subject to an easement, right-of-way or occupation for railroad purposes; and
(2) The railroad company’s property interests have been extinguished by abandonment or otherwise; and
(3) Immediately prior to the time such railroad company’s property interests were extinguished, a public utility held an easement, license, right-of-way, permission or occupation for public utility purposes that had been obtained from the railroad company; and
(4) The public utility and any owner or owners of the property cannot agree as to the terms and conditions of the acquisition by the public utility of a property interest for use for public utility purposes; and
(5) The property on which the utility easement to be acquired is not owned by the State or any of its agencies or political subdivisions; and
(6) The public utility exercises this authority in accordance with the provisions of Chapter 95 of Title 29.
(1) The property on, over, under, along or across which the public utility easement is to be established:
a. Was previously owned by a railroad company, including a successor whose ownership interest derives, directly or indirectly, from the abandonment of the property use by a railroad company, or
b. Was subject to an easement, right-of-way or occupation for railroad purposes; and
(2) The railroad company’s property interests have been extinguished by abandonment or otherwise; and
(3) Immediately prior to the time such railroad company’s property interests were extinguished, a public utility held an easement, license, right-of-way, permission or occupation for public utility purposes that had been obtained from the railroad company; and
(4) The public utility and any owner or owners of the property cannot agree as to the terms and conditions of the acquisition by the public utility of a property interest for use for public utility purposes; and
(5) The property on which the utility easement to be acquired is not owned by the State or any of its agencies or political subdivisions; and
(6) The public utility exercises this authority in accordance with the provisions of Chapter 95 of Title 29.
Status: in_force · Read it on the official government site
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