2022 Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 62. VACATING THE DEDICATION OF OPEN SPACE AND PARKLAND
§ 6205. Vacation hearing.

(a) In all proceedings in Superior Court, after all interested parties have received notice in accordance with this chapter, a hearing shall be held in Superior Court, at which time each party before the Court, including the county or municipality in which the dedicated property is located, the legal title holder, all abutting landowners, all residents of the subdivision or all interested parties, any present relevant evidence regarding the necessity or advisability of the continued use of the dedicated property for the benefit of the general public or interested parties. Upon conclusion of the hearing, Superior Court shall order whether the said dedicated property shall be vacated.

(b) The Court shall also decide such other collateral issues which are raised at the hearing, including, but not limited to, whether the county or municipality holds title to the dedicated property by deed transfer or some other means, whether the county or municipality or the general public has an interest in such property by virtue of the dedication, whether such parties have a compensable interest and to whom the land shall revert in the event of vacation, including the abutting landowners.

(c) There is a rebuttable presumption, as to any dedicated property, that it shall continue as dedicated property.

(d) In determining whether any dedicated property should be vacated, the Court shall make a determination as to whether the county or municipality or the general public has a use or need for the continued existence for such dedicated property and the judgment of the county or municipality to keep it open shall be paramount. In making a determination in this regard, the Court shall consider such items as may be pertinent, including, but not limited to, fitness for use as a public property, service and maintenance of the respective property, the financial impact upon any interested party, the effect of the proposed vacation upon adjacent streets, roads or highways and other matters which the Court may deem pertinent.

(e) Any county- or municipality-maintained property shall not be vacated without the consent of the county or municipality in which it is located.