Sec. 5-41. - Authority of city.
Sec. 5-42. - Condemnation—Generally.
Sec. 5-44. - Issuance of bonds.
Sec. 5-45. - Demise of certain landings.
Sec. 5-41. - Authority of city.
The city is hereby authorized to purchase or acquire any land on or adjacent to the banks or shore of the westerly bank of the River Delaware, or the banks or shore of the Christina River, or parcels of land or any portions thereof which are adjacent to the said banks or shore of the Christina River, or to lands heretofore or hereafter acquired or condemned for use as port facilities of the city, and all the riparian rights of the owners thereof, within the limits of the said city, whenever, in the opinion of the council, such purchase or acquisition is or may be necessary to give to the said city better facilities for building docks, wharves, or piers, warehouses, storage areas, roads, parking areas, and any other facility or method of ingress or egress consonant with the operations of the said port on the said river or rivers.
(28 Del. L. ch. 118, § 1; Ord. No. 75-004, § 1; Ord. No. 75-012, § 1)
Sec. 5-42. - Condemnation—Generally.
Whenever the city cannot agree with the owner or owners of any such land or riparian rights, for the purchase thereof, the same may be acquired by the city through and by condemnation proceedings, as hereinafter provided, if in the opinion of the council such acquisition is or may be necessary or advantageous to the said city in giving to it better facilities for building docks, wharves, or piers, warehouses, storage areas, roads, parking areas, and any other facility or method of ingress or egress consonant with the operations of the port on the River Delaware or the River Christina. The Superior Court for the county shall have jurisdiction and power over proceedings for such condemnation, and it shall be the duty of the city solicitor of said city to cause proceedings to be commenced in said court within thirty days after receipt of a written request from the council to institute such condemnation proceedings.
(28 Del. L. ch. 118, § 2; Ord. No. 75-102, § 1)
In case the said board of harbor commissioners shall, for any cause, be unable to agree with the owner or owners for the purchase of any water front, wharves, piers, land, together with the riparian rights and other rights and privileges appurtenant thereto, as selected by the said board as aforesaid, for the purpose aforesaid, it shall be the duty of the superior court of the state in and for the county, or any judge thereof in vacation, upon the application of the said board of harbor commissioners, to order notice of the said application to be published in one newspaper of the city, once in each week for the space of one month, which notice shall describe the said lands and premises and rights aforesaid, intended to be condemned, together with the names of the owner or owners, or the reputed owner or owners thereof, and shall require all persons interested in the said land and premises and rights as aforesaid, to appear at the next term of the said superior court, after the expiration of said notice, on a day specified in said notice. The said superior court shall have jurisdiction and power over proceedings for such condemnation, and at the time therein specified, or as soon thereafter as the court may direct, shall prepare an issue, for trial before a jury under the direction of the judge or judges of said court, and to empanel a jury to assess the value of said land and rights, and the damages which the owner or owners thereof or any person having an interest therein, will sustain by reason of the condemnation and appropriation of said land and rights, for the purposes of this article, taking into consideration all the circumstances of benefit and detriment to result to such owner or owners.
A special jury to assess the value of said lands and premises and rights, and the damages the owner or owners thereof will sustain by reason of the condemnation and appropriation of said lands and premises and rights, taking into consideration all the circumstances of benefit and detriment to result to such owner or owners, shall be ordered by the superior court, upon the application of any party to the proceedings, instead of empaneling a jury for such purposes as heretofore provided in this section, in the same manner and form and the same procedure as is now provided for striking special juries under the laws of the state, in other cases. The court shall order that a view of the premises shall be made by the jury before any evidence is given in the trial of the case. After the evidence introduced by any of the parties to such proceedings shall have been heard, and after due deliberation, the jury shall return their assessment of damages after the consideration of the benefits, as aforesaid, in writing, duly signed by each of them, into court; which return shall be confirmed by the court unless within ten days a motion for a new trial shall be made and the reasons in support thereof filed, and the proceedings under this section shall be entered of record in said court. The amount of such damages after the consideration of the benefits awarded in such return, after confirmation by the said court, together with the costs of said proceedings, may be paid into said court, to be deposited by said court to the credit of the owner or owners in the active depository bank of the city, or the said owner or owners may waive such payment in open court, which waiver shall be duly entered of record and signed before the prothonotary of said court; and thereupon the said superior court shall make an order directing the sheriff of the county to execute to the city a deed of said lands and premises and rights, reciting the proceedings in the case, which deed shall convey to the said city all the right, title and interest of all persons in said lands and premises and rights, which had been condemned as aforesaid. Whenever damages shall have been assessed as aforesaid, and the said board of harbor commissioners shall neglect to pay or render the amount determined as due under said damages to the person or persons entitled to the same, or to deposit the same in the manner herein provided within a period of three months from the day of final approval by the court, this condemnation proceeding as herein provided, shall fail and lapse, and no further application or proceeding shall be made for condemning said land and premises and rights for one year from the date of said previous application.
In all cases arising under this article there shall be, of right, a writ of error of certiorari from the supreme court to said superior court to review any final judgment entered therein.
(29 Del. L. ch. 123, § 5)
Editor's note—
This section and the following section must be read in light of sections 1-102 and A-101 of the Charter.
Sec. 5-44. - Issuance of bonds.
For the sole purpose of paying for the land, the riparian rights, and all other rights or privileges acquired under the provisions of this article, and for building and constructing wharves, piers, docks, slips, bulkheads and terminals, together with the warehouses and rails and tracks, and operating machinery as herein contemplated, the city shall, and is hereby authorized and empowered, to borrow upon the faith and credit of the city such sum of money as it by ordinance shall determine, to enable the said board of harbor commissioners to carry out the provisions of this article in accordance with the plan proposed and submitted by said board to the council, and approved by it. All money received from the sale of bonds as herein provided shall be kept in a separate account, and payment therefrom shall be made only upon order signed by the president of the board of harbor commissioners, and none of the money received from the sale of said bonds shall be applied to any purpose except as provided in this article. Provided, however, that any premium over and above the par value of said bonds may be used by the council for other municipal purposes, as it may determine.
(29 Del. L. ch. 123, § 6)
Sec. 5-45. - Demise of certain landings.
The council shall have authority in its discretion to let or demise, for any terms of years not exceeding ten and subject to such rents and reservations as it may deem expedient, the landings at the ends of the streets terminating upon the Brandywine Creek or the Christiana Creek; provided, that all demises heretofore made by the council of any such landing as aforesaid, or permission given by the council for making such improvements as aforesaid, are hereby confirmed and declared to be and the same shall be valid and effectual where they have not expired by their own limitation or in due course.
(17 Del. L. ch. 207, § 125)