Delaware § 202 - Boundary monuments; ownership; inspection, repair and restoration; resurvey; entry upon lands.

§ 202. Boundary monuments; ownership; inspection, repair and restoration; resurvey; entry upon lands.

(a) The monuments marking the common boundaries between the State and any adjacent state or commonwealth are the joint property of the State and of such adjoining states or commonwealth.

(b) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall examine at least every 5 years the monuments marking the boundaries of this State. Whenever the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall find that the monuments marking the boundary between Delaware and any other state or commonwealth have been lost, moved, removed or defaced so that the boundary thereof becomes obscure, inaccurate or incorrect, the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall cooperate with the state officials of any adjacent state or commonwealth in the replacement, restoration or repair of the monuments on the common boundary line.

(c) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control may on behalf of the State make joint agreements and enter into joint contracts with appropriate officials or agencies of any adjacent state or commonwealth and with the United States Coast and Geodetic Survey or any similar neutral party or agency to resurvey, remark or otherwise delineate more thoroughly any part of any common boundary between the State and any adjacent state or commonwealth or the offshore boundary between the State and the federal government. Any such resurvey shall reproduce with greatest possible fidelity the present established boundaries of this State. In the event that a question arises as to the common boundary between the State and the federal government, or any adjacent state or commonwealth, a 3-member commission shall be appointed by the Governor to act in conjunction with the Secretary of the Department of Natural Resources and Environmental Control and the Director of the Division of Historical and Cultural Affairs in negotiating a final settlement of the matter with the appropriate officials of the federal government, or the adjacent state or commonwealth.

(d) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control, their authorized agents or employees, may enter upon any property for the purpose of examining any boundary monument, except that no entry shall be made during the growing season upon any land planted in crops which might be damaged by such entry.

48 Del. Laws, c. 256, §  1;  29 Del. C. 1953, §  302;  53 Del. Laws, c. 255;  58 Del. Laws, c. 102, §§  1, 2, 4;  71 Del. Laws, c. 368, §  1;