Delaware Code Title 17. Highways § 533. Establishment of Department ownership of abandoned land encumbered by Department right-of-way easements

(1) The land is encumbered by a permanent easement, for right-of-way purposes, that was properly conveyed to the Department.

(2) A minimum of 40 years has passed since the granting of the permanent easement and during that period the Department has used the permanent easement in accordance with § 131 of this title.

(3) A minimum of 40 years has passed since the underlying fee simple ownership of the encumbered land was conveyed by a properly recorded instrument and neither the original grantor(s) nor the heirs or successors of the original grantor(s) can be located.

(4) Neither the original grantor(s) of the permanent easement nor the heirs or successors of the original grantor(s) are the fee simple owners of any land directly adjoining the land encumbered by the permanent easement.

(5) No action has been filed by any purported owner in any court of this State pertaining to determination of fee simple ownership of the land encumbered by the permanent easement.

(6) The land encumbered by the Department's permanent easement is part of a current Department project.