Sec. 2-1. - Acquisition of land outside city for public purpose—Power of city.

The city shall have power to acquire lands for public improvements within five (5) miles from the boundary of the corporate limits of the city whenever the acquisition of such lands shall be necessary for a specific public improvement and the department or agency of the city having jurisdiction of such public improvement shall by proper resolution so request.

(37 Del. L. ch. 145, § 1)

Sec. 2-2. - Same—Condemnation of land; title to land acquired.

Whenever the said city, acting through the agency of the department having jurisdiction of such specific public improvement, cannot agree with the owner or owners of any land, building, franchise, easement, sand, earth, stone, gravel, or other property necessary to be taken or used in the construction, maintenance or repair of such public improvement, the city, acting through such department thereof, may apply to the associate judge of the state, resident in the county, for the condemnation thereof under and in accordance with the provisions of Chapter 63, Volume 29, Laws of Delaware, being "An Act to Create a State Highway Department Establishing a System of State Highways and Providing for the Improvement and Maintenance Thereof, and the Appropriating and Borrowing Money Therefor," approved April 2, A.D. 1917 [see 17 Del. C. § 101 et seq.], and the city, acting through such department, shall have the benefit of all the provisions of said act relating to condemnation of property in so far as they are appropriate to such purposes.

Whenever any property shall be acquired by the city in any manner, the title to such property shall be in the city for the purpose for which it was acquired.

(37 Del. L. ch. 145, § 2)

Sec. 2-3. - Notice of claims against City of Wilmington.

No action, suit or proceeding shall be brought or maintained against the Mayor and Council of Wilmington for damages on account of physical injuries, death or injury to property by reason of the negligence of the Mayor and Council of Wilmington or any of its departments, officers, agents or employees thereof, unless the person by or on behalf of whom such claim or demand is asserted shall, within one year from the happening of such injury, notify the Mayor in writing of the time, place, cause and character of the injuries sustained.

State law reference— Similar provisions, 10 Del. C. § 8124.

Sec. 2-4. - Fees and costs in all proceedings to collect real estate assessment taxes and water and sewer service charges.

(a)

The fees and costs to be assessed and collected in all proceedings to collect real estate assessment taxes and water and sewer service charges due and owed to the municipality, where not otherwise provided for, shall be as follows:

(1)

Filing praecipe .....$1.10

(2)

Issuing monition and copy .....$2.75

(3)

Issuing alias or pluries, monition and copy .....$2.75

(4)

Writ of venditioni exponas .....$2.25

(5)

Filing any petition in Superior Court under this subchapter .....$1.00

(6)

Cost of paying money into Superior Court .....$1.00

(7)

Costs of paying money out of Superior Court for each check drawn .....$1.00

(b)

In addition to the fees set forth in subsection (a) of this section, city council may provide by ordinance for fees and costs, including without limitation, attorneys' fees, to be assessed and collected in any proceedings to collect real estate assessment taxes and water and sewer system charges due and owed to the municipality.

(74 Del. Laws, c. 300, § 1)

Sec. 2-5. - Approval of final bid at sheriff's sale.

The municipality, by and through its director of its department of finance, or the director's designee, may approve or disapprove the final bid at a sale made by the sheriff under the monition method of sale, provided, that the notice of the public sale includes in its terms that such sale is subject to the approval of the director of the finance department of the municipality. In the event the director of the department of finance, or the director's designee, does not approve the final bid at such sale, the said director of the department of finance, or the director's designee, may expose the property to another and as many succeeding sales as it chooses. The final bid at a sale made by the sheriff shall be presumed to be approved unless notice of disapproval of such final bid shall be received by the sheriff within 20 days from the date of such public sale.

(70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 300, § 1)

Sec. 2-6. - Disputes involving deed covenants or restrictions.

(a)

Without limiting the jurisdiction of any court of this State, the Court of Chancery shall, through a Master in Chancery or such other person as may be appointed his or her designee, mediate disputes involving the enforcement of deed covenants or restrictions when: (1) an action involving the enforcement of deed covenants or restrictions has been filed with the Court; (2) at least one party is an association or other entity representing the homeowners or lot owners of a subdivision, if such an association or entity exists; and (3) at least one party is a homeowner or lot owner in that subdivision. The mediator shall assist the parties in trying to reach a mutually satisfactory resolution of their dispute. Mediation proceedings under this section are confidential and not of public record.

(b)

By rule, the Court of Chancery may further define those types of deed covenant or restriction cases which must be mediated.

(c)

Upon the filing of an action involving the enforcement of deed covenants or restrictions, the Court shall schedule a mandatory mediation hearing to be held within 60 days of the filing. If the parties fail to resolve the dispute, the Court shall schedule a trial to be held within 120 days of the failed attempt to mediate the dispute, unless for good cause shown the Court in its discretion concludes that a longer period of time is warranted. A Master in Chancery shall preside over the trial.

(d)

The parties to a dispute mediated pursuant to the provisions of this section are not required to be represented by an attorney during a mandatory mediation proceeding.

(e)

The nonprevailing party at a trial held pursuant to the provisions of this section must pay the prevailing party's attorney fees and court costs, unless the Court finds that enforcing this subsection would result in an unfair, unreasonable, or harsh outcome.

(H.B. No. 454, § 1, 7-6-06)

Secs. 2-7—2-40. - Reserved.