DE HB397

Allows the Delaware Department of Transportation to claim fee simple ownership of land encumbered by permanent right-of-way easements when the land has been abandoned by original owners.

Requires that at least 40 years have passed since the easement was granted and the Department has actively used it during that period in accordance with state law.

Requires that at least 40 years have passed since the underlying fee simple ownership was conveyed and neither the original owner nor their heirs or successors can be located.

Prohibits the Department from claiming ownership if the original grantor or their heirs own adjoining land, if any court action exists regarding fee simple ownership, or if the land is not part of a current Department project.

Directs the Department to establish regulations detailing procedures for determining land abandonment and recording the State's fee simple ownership.