CHAPTER 53.
STATE HIGHWAY DEPARTMENT
AN ACT to amend Chapter 63, Volume 29, Laws of Delaware, as amended by Chapter 69, Volume 30, Laws of Delaware; State Highway Department.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each branch concurring therein.)
Section 1. That Chapter 63, Volume 29, Laws of Delaware, as amended by Chapter 69, Volume 30, Laws of Delaware, be and the same is hereby amended by striking out all after the seventieth line of Section 5 of said Chapter 63, Volume 29, Laws of Delaware, and inserting in lieu thereof, the following:
"When in the judgment of the State Highway Department, the route for the construction or reconstruction of any state highway should continue through any incorporated town within this State, the Department shall construct and maintain said highway through such incorporated town, such construction and maintenance to be at the sole expense of the Department.
"Whenever the Department shall construct a State Highway through any such incorporated town, it shall not change the widths of the street or streets of said town, except with the consent of the duly constituted governing body of said town.
"Whenever the Department shall construct a State Highway through any such incorporated town, it shall have the whole and sole control over such construction and over the maintenance of said highway through said town, and such highway, shall not be undermined, broken, opened or any wise torn up for any purpose whatsoever 'by any person whatsoever, except by the permit in writing of the Department.
"Any and all contracts and agreements at any time heretofore made between the State Highway Department and the duly constituted governing body of any incorporated town with reference to the construction and maintenance of any highways through any incorporated town within this State be and the same are hereby annulled, cancelled and made of no effect."
Approved March 31, A. D. 1921.