Piekarski v. State ex rel. Secretary of the Department of Natural Resources & Environmental Control

This is an appeal from an Order of Possession of the Superior Court for a permanent easement allowing the Department of Natural Resources and Environmental Control (Department) to undertake the placement of fill to protect the Bowers Beach from erosion and public access along the beach. The action was filed under the authority of 7 Del.C. § 6810(a) of the “Beach Preservation Act of 1972,” (7 Del.C. 1953, § 6809; 58 Del.Laws ch. 566, § 10),* against defendants who own 17)4% of the beach lots *210and who refused to grant such an easement. The defendants contend there is no public necessity for the…