{"data":{"id":"us-de/26-del.-c.-908","jurisdiction":"us-de","citation":"26 Del. C. § 908","heading":"Easements for public utilities across railroad property, rights-of-way, or occupations.","body":"Any public utility operating within the State may acquire a utility easement for its public use in accordance with Chapter 61 of Title 10 whenever all the following conditions are met:\n(1) The property on, over, under, along or across which the public utility easement is to be established:\na. Was previously owned by a railroad company, including a successor whose ownership interest derives, directly or indirectly, from the abandonment of the property use by a railroad company, or\nb. Was subject to an easement, right-of-way or occupation for railroad purposes; and\n(2) The railroad company’s property interests have been extinguished by abandonment or otherwise; and\n(3) Immediately prior to the time such railroad company’s property interests were extinguished, a public utility held an easement, license, right-of-way, permission or occupation for public utility purposes that had been obtained from the railroad company; and\n(4) The public utility and any owner or owners of the property cannot agree as to the terms and conditions of the acquisition by the public utility of a property interest for use for public utility purposes; and\n(5) The property on which the utility easement to be acquired is not owned by the State or any of its agencies or political subdivisions; and\n(6) The public utility exercises this authority in accordance with the provisions of Chapter 95 of Title 29.","path":["Title 26. Public Utilities","CHAPTER 9. Telegraph, Telephone and Electric Utility Corporations","Subchapter I. General Provisions"],"source_url":"https://delcode.delaware.gov/title26/c009/sc01/index.html#908","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:31Z","sha256":"b0bf883861da82a5b31ae3bcd8ee6655aae6dc8f9c9d128a27177aaec715e1a0","source_id":"us-de","stale":true,"prev":"us-de/26-del.-c.-907","next":"us-de/26-del.-c.-909"},"notice":"GroundRules: Original legal text. Not legal advice."}