2014 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND
§ 6206. Open space jurors; appointment and direction as to return

(a) If the Superior Court orders that the dedication shall be vacated, it shall then appoint 5 judicious and impartial open space jurors of the county or municipality to view said property and make return on a date fixed by the Court. The Court shall authorize the open space jurors, so appointed, to employ, if necessary, a surveyor.

(b) The open space jurors named in the commission shall first be sworn or affirmed as shall be directed in the commission.

(c) The return of the jurors shall be made to the Superior Court or to a judge thereof, who shall file the same in the office of the prothonotary.

(d) In all cases such open space jurors shall assess the damages which the county or municipality, legal title holder or other parties in interest will sustain by reason of such property vacation, including, but not limited to, loss or use, impact upon improvements previously made thereto, loss of benefit or aesthetic value to the public, and, considering all circumstances of benefit or injury which may accrue to any such party in interest therefrom, shall make a recommendation to the Court, in the return, as to apportionment thereof.

66 Del. Laws, c. 423, § 1.;