{"data":{"id":"us-de/17-del.-c.-530","jurisdiction":"us-de","citation":"17 Del. C. § 530","heading":"Dedication of right-of-way adjacent to a state highway.","body":"Notwithstanding any rule, law, or provision to the contrary, the dedication of a right-of-way along a state highway by any property owner pursuing a subdivision of their land, shall not be required where the property being subdivided is a farm or farmland and a right-of way is not deemed by the Department to be necessary due to safety issues that would be directly caused by the requested subdivision and:\n(1) The parcel is subdivided into no more than 2 parcels which are continued to be used as a farm or farmland; or\n(2) The subdivided parcel or parcels are transferred to a family member or members for purposes of use as a family member or members’ principal residence or farmland.\nThe Department shall have the burden of proof to establish by clear and convincing evidence that a right-of-way is necessary due to safety issues directly caused by the requested subdivision. Should the Department require a right-of-way dedication pursuant to this section and fail to meet its burden of proof in a court proceeding then the property owner shall be entitled to reimbursement of their reasonable costs including but not limited to reasonable attorney fees incurred as a result of the Department’s action.","path":["Title 17. Highways","CHAPTER 5. Highways, Roads and Bridges Generally"],"source_url":"https://delcode.delaware.gov/title17/c005/index.html#530","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:23Z","sha256":"442886c1e8c488a11ce493e9ec879133b21544b90012ce0f162b0e17e1bd8786","source_id":"us-de","stale":true,"prev":"us-de/17-del.-c.-529","next":"us-de/17-del.-c.-531"},"notice":"GroundRules: Original legal text. Not legal advice."}