Delaware Code Title 7. Conservation § 6810. Eminent domain

(a) The Secretary may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interests in land whenever 2/3 or more of the property owners of property included in the project area along a private beach, as defined by the Department, have agreed to allow the Department to undertake any or all necessary works to protect, and enhance the beaches, and allow free public access to the beach;  provided, however, that the agreeing property owners own at least two-thirds of the property included in the project area.

(b) The Secretary may include the costs of obtaining any such fee simple or lesser interests including but not limited to attorney's fees, appraisal costs, surveying charges, title search and land acquisition costs in the total project costs.

(c) Notwithstanding the provisions of subsection (a) of this section, the Secretary may undertake any or all necessary works to restore private beaches as designated by the Department, whenever 2/3 or more of the property owners in the project area along the private beach have petitioned the Department to undertake the work.  The public will maintain rights on the beach landward to the dune vegetation line or the structure line, whichever is further seaward, in the area of any publicly financed project for the purposes of navigation, fishing, swimming and sunbathing.  Privately financed projects may be included in a public project when the Department determines that their inclusion will enhance the public project.