Delaware House Bill HB397

Delaware 2023-2024 Regular Session

• Introduced: 5/15/24
• Engrossed: 6/18/24
• Refer: 5/15/24
• Enrolled: 6/30/24
• Refer: 6/18/24
• Passed: 7/17/24

Caption

An Act To Amend Title 17 Of The Delaware Code Relating To The Establishment Of Department Of Transportation Ownership Of Abandoned Land Encumbered By The Departments Right-of-way Easements.

Impact

The implications of this bill are significant, particularly concerning the management of public lands. By allowing the DOT to automatically claim ownership of abandoned land, the bill reduces uncertainty in land ownership that can hinder transportation and infrastructure projects. This proactive approach could lead to significant cost savings for the state by minimizing the administrative burden associated with land ownership disputes and allowing for more efficient resource allocation in public sector projects.

Summary

House Bill 397 aims to amend Title 17 of the Delaware Code by establishing clear procedures for the Department of Transportation (DOT) to assert ownership of abandoned lands encumbered by right-of-way easements. This bill is designed to enable the DOT to hold fee simple ownership of lands that were previously conveyed via permanent easements when certain conditions are met, including a 40-year abandonment period and the inability to locate original grantors or their heirs. This measure is expected to streamline the process of claiming ownership of such land, reducing bureaucratic delays for public projects and enhancing land management by the state.

Sentiment

The reception of HB 397 has been relatively positive across the board, with supporters highlighting its potential to simplify ownership processes and support transportation infrastructure improvements. However, there are concerns raised by some stakeholders regarding the precedents it may set for land ownership and the need for robust regulations to ensure transparency and fairness in the identification of abandoned lands. Overall, the sentiment reflects a recognition of the need for improved land management systems, albeit with caution regarding its implementation.

Contention

There are discussions among legislatures about the need for comprehensive regulations that the DOT must establish to validate ownership claims for abandoned lands. The criteria laid out in the bill could lead to disputes regarding what constitutes 'abandonment' and the necessary checks to confirm the absence of current owners. Critics suggest that without careful oversight, this bill could inadvertently lead to overreach in government authority concerning property rights.