Delaware § 6207 - Damages; hearing.

§ 6207. Damages; hearing.

(a) On a day fixed by the Court, a hearing shall then be had on the issue of damages as presented in the return. At such hearing all interested parties may present evidence and argument regarding the question of damages, their amount and apportionment, as are permitted under this section or at the discretion of the Court. At the close of said hearing, the Court shall enter an order affixing damages in such manner as it determines the evidence warrants.

(b) All damage questions shall be decided as provided in this chapter and shall include, but not be limited to, the right of the legal title holder to recover the actual value of the real property, the right of the county or municipality to recover reasonable expenses for its loss of use of said vacated land, whether jurisdiction has been acquired by title, dedication, easement or other means, and any reasonable costs and expenses incurred, as a result of said vacation resulting from an impact to other lands within the jurisdiction of the county or municipality.

(c) Payment of damages shall be in such amounts and under such terms and conditions as the Superior Court, by order, shall direct. Any order of the Superior Court to vacate a dedication of property shall not become final until all damages have been paid in accordance with the Court’s order.

(d) Whenever any interested party neglects or omits to pay or tender the amount of ascertained damages to the parties or persons entitled to the same, said interested party shall be subject to the contempt power of the Court upon proper application by any party or person to whom damages are payable pursuant to the terms of the Court’s order regarding same.

(e) Any other provision of this chapter notwithstanding, the Court in making determination as to what damages shall be paid by the county or municipality shall consider only 2 factors:

(1) Only persons owning real property abutting the property or part thereof to be vacated shall be entitled to recover damages; and

(2) Any damages which may be otherwise recoverable by such persons or organizations from the county must be offset by a monetary estimate of the benefit to be derived by said persons or organizations.

66 Del. Laws, c. 423, §  1;