Delaware Code Title 26. Public Utilities § 908. Easements for public utilities across railroad property, rights-of-way occupations

(1) The property on, over, under, along or across which the public utility easement is to be established:

(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.