Sec. 10-71. - Lands contiguous to city—Owners may establish street grades, plots, etc.

It shall be lawful for the owner or owners of any tract of land lying immediately contiguous to the boundary line of the city, as now or hereafter established by law, to lay out such lands in blocks and building lots, with streets conforming to the streets of the city, so far as the extension of such streets beyond the city line would pass through such tract of land; and the owner or owners of such land may fix the grade of such streets, and the grade so fixed, when approved as hereinafter provided, shall be binding upon all persons thereafter becoming purchasers of lots abutting on such streets. It shall be the duty of any owner or owners, so laying out a tract of land as aforesaid, to make or cause to be made a plot of the same, designating the blocks by letters or numbers, and the lots in each block by numbers, and designating thereon the size of each lot and the width and grades of each street, and such plot, when completed, shall be submitted to the board of directors of the department of public works of the city, for the approval of said board. Upon the approval of said plot by the said board, and the endorsement of such approval thereon, and the further endorsement of an acknowledgment as hereinafter provided, a copy thereof shall be lodged in the office of the recorder of deeds in and for the county, and one copy thereof in the office of the chief engineer of the city.

(19 Del. L. ch. 205, § 1; 53 Del. L. ch. 12, § 2)

Sec. 10-72. - Same—Plots generally; acknowledgments.

The copies of the plot or plots herein authorized to be made shall be upon the best and most durable material used for such purposes, and each shall have written upon it as an original the approval of the said board of directors of the department of public works and the acknowledgment by the owner or owners before any officer authorized under the laws of this state to take the acknowledgment of deeds. Such acknowledgment may be substantially in the following form:

State of ____________ County, ss.

Be it remembered that on this ____________ day of ____________ A.D. 19____________, personally came before me, A. B., notary public for the State of Delaware (or title of officer taking acknowledgment), C. D. and E. F., owners of the land designated on this plot, and severally acknowledged this plot to be their deed, and that they have dedicated such streets, lanes and alleys as are thereon laid out to public use as highways, and have designated the tract of land hereon indicated by the name of (designation of land).

Given under my hand and seal of office the day and year aforesaid.

The making of such acknowledgment by a married woman, being the wife of any owner, with a private examination in the usual form, shall operate as a relinquishment of dower in the land occupied by said streets, lanes and alleys. In the case of a corporation the acknowledgment shall be adapted to the form prescribed by law for acknowledgment of deeds by a corporation.

(19 Del. L. ch. 205, § 2; 53 Del. L. ch. 12, § 2)

Sec. 10-73. - Same—Effect of filing plots.

The filing of said plots in the office of the recorder of deeds, as aforesaid, shall operate as a dedication for public use as highways, by such owner or owners, of all lands designated on said plot as streets, lanes or alleys; and if at any time hereafter the said tracts of land shall be duly incorporated in the city by the extension of the boundaries of said city, all such streets, lanes or alleys shall become streets, lanes or alleys of the city, and subject to all laws and ordinances relating thereto, and all grades established under this article shall remain in force until changed under the laws or ordinances of the city.

(19 Del. L. ch. 205, § 3)

Sec. 10-74. - Same—Recordation of plots.

It shall be the duty of the recorder of deeds to cause to be recorded all plots filed under the provisions of this article in a book or books to be procured by him for that purpose, and to be paid for as other record books are paid for; and he shall receive for filing and recording any such plot the sum of five dollars, together with any expense actually and necessarily incurred by him for recording the same.

The original of any such plot, or the record thereof, or a duly certified copy thereof, shall be evidence as in the case of deeds.

(19 Del. L. ch. 205, § 4)

Sec. 10-75. - Same—Services of city engineer.

If in any case the said board of directors of the department of public works shall require for their information any service from the city engineer of said city, or any of his assistants, such service shall be paid for by the owner or owners of the property at such price as shall be fixed by the said board of directors of the department of public works.

(19 Del. L. ch. 205, § 5; 53 Del. L. ch. 12, § 2)

Sec. 10-76. - Same—Extension of law to land lying within one-half mile of city limits—Generally.

The provisions of an act entitled "An Act to Provide for the Establishment of Streets and Grades on Land Contiguous to the City of Wilmington," passed at Dover, April 29, 1891, chapter 205, Vol. 19 Laws of Delaware [sections 10-71—10-75] be and the same are hereby extended and made applicable to any and all tracts of land lying outside the boundary line of the city, as now or hereafter extended, but within one-half mile thereof, and it shall be lawful for the owner or owners of any tract of land within one-half mile of said boundary line to lay out such land in the manner provided in said Act, and it shall be the duty of such owner or owners so laying out a tract of land to comply with the provisions of the aforesaid Act.

(20 Del. L. ch. 201)

Sec. 10-77. - Same—Same—When damages not allowed.

Should the owner or owners of any tract of land within one-half mile of the boundary line of said city, lay out such land contrary to and in violation of the provisions of the above-recited Act, and of sections 10-76 and this section, then in the event of the extension of the limits of the city so as to include such land or lands, it shall be unlawful for any commission appointed for the purpose of opening and condemning streets extended through said tract or tracts of land to award any damages or compensation to any person or persons, for any house, building or structure hereafter placed or erected upon any ground lying between lines drawn from the building lines of such street or streets, as laid out in the city, to a point or points one-half mile from the limits thereof, in the direction which the said street or streets would take if extended thereto.

(20 Del. L. ch. 201, § 2)

Sec. 10-78. - Same—Same—Exceptions.

Whenever the board of directors of the department of public works of the city shall, on account of the conformation of the land and the difficulty of securing proper grades in the plotting out of any tract of land lying outside of the boundary line of the city as now, or hereafter extended, but within one half mile thereof, deem it advisable that such tract of land should not be laid out in conformity with the streets of the city if extended, the said board of directors may approve of the plotting of any such tract of land in such manner, as in their judgment will be for the best interests of the said city.

(22 Del. L. ch. 403, § 1; 53 Del. L. ch. 12, § 2)

Secs. 10-79—10-90. - Reserved.