Delaware Code Title 17. Highways § 1303. Definitions

(1) “Abandonment” shall mean the loss of all right, title, interest and jurisdiction in any road, bridge or other right-of-way previously held by the Department, other governmental authority or the general public in which the Department, other governmental authority or the general public has clearly indicated an intent to surrender all right, title, interest, and jurisdiction through lack of use, care, or maintenance thereof.

(2) “Public use” shall mean the consistent use by 1 or more members of the general public for a minimum period of 7 years over an area to which no other person or entity has a clear, legal or equitable right. This section shall not apply to any area owned or controlled by the Department or other governmental authority.

(3) “State-maintained street” shall mean any road, bridge or other right-of-way regardless of use which is within the control or jurisdiction of the Department.

(4) “Vacation” shall mean the transfer of all right, title, interest, and jurisdiction in any road, bridge or other right-of-way when the Department, other governmental authority or the general public has clearly indicated an intent to abandon same through lack of use, care or maintenance thereof. In addition, “Vacation” with respect to any alley, pathway, walkway or other such right-of-way not within the jurisdiction of the Department shall mean the transfer of all right, title, interest and jurisdiction, in such right-of-way when the Superior Court shall determine that continued maintenance and use of such right-of-way has created or constitutes a nuisance or detriment to the abutting or surrounding landowners which nuisance outweighs the benefit to the general public of the continued existence of the right-of-way; provided, that no parkland, open space or greenway under the control of the Department of Natural Resources and Environmental Control or any county or municipal parks department shall be vacated under this chapter without the written approval of the controlling jurisdiction.