Carpenter v. Dupont

Seitz, Vice Chancellor:

The issue here presented is the constitutionality of a statute granting the State Highway Department the power of condemnation.

Plaintiffs own certain property in New Castle County which abuts on a public highway. On December 31, 1948 plaintiffs received notice in writing from the State Highway Department (hereafter called the “Department”) that at a designated time and place application would be made to the Resident Judge of New Castle County pursuant to the provisions of Chapter 63, Volume 29 Laws of Delaware, 1935 Code Paragraph 5730 as amended, for the appointment of…