Title 29 State Government - Delaware Code Online

1 Title 29 State GovernmentNOTICE: The Delaware Code appearing on this site is prepared by the Delaware Code Revisors and theeditorial staff of LexisNexis in cooperation with the Division of Research of Legislative Council of the GeneralAssembly, and is considered an official version of the State of Delaware statutory code. This version includesall acts effective as of October 16, 2018, up to and including 81 Del. Laws, c. : With respect to the Delaware Code documents available from this site or server, neither theState of Delaware nor any of its employees, makes any warranty, express or implied, including the warrantiesof merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for theusefulness of any information, apparatus, product, or process disclosed, or represents that its use would notinfringe privately-owned rights. Please seek legal counsel for help on interpretation of individual 29 - State GovernmentPage 1 Part IGeneral ProvisionsChapter 1 JURISDICTION AND SOVEREIGNTY 101 Territorial jurisdiction and sovereignty of the State extend to all places within the boundaries thereof, subject only to the rights of concurrentjurisdiction as have been granted to the State of New Jersey or have been or may be granted over any places ceded by this State to theUnited states .

2 (Code 1852, 3; Code 1915, 2; Code 1935, 2; 29 Del. C. 1953, 101.) 102 Consent to purchase of land by the United consent of the General Assembly is given to the purchase by the Government of the United states , or under authority of suchgovernment, of any tract, piece or parcel of land, not exceeding 10 acres in any 1 place or locality, for the purpose of erecting thereonlighthouses and other needful public buildings whatsoever and of any tract, piece or parcel of land, not exceeding 100 acres in any 1 placeor locality, for the purpose of erecting thereon forts, magazines, arsenals, dockyards and other needful buildings, from any individuals,bodies politic or corporate within the boundaries or limits of the State ; and all deeds, conveyances or Title papers for the same shall berecorded as in other cases upon the land records of the county in which the land so conveyed may be situated and, in like manner, may berecorded a sufficient description, by metes and bounds, courses and distances of any tracts or legal divisions of any public land belongingto the United states , which may be set apart by the general Government for any or either of the purposes before mentioned by an order,patent or other official document or papers so describing such land.

3 The consent herein given is in accordance with clause 18, 8 ofArticle I of the Constitution of the United states and with the acts of Congress in such cases made and provided.(14 Del. Laws, c. 357; 21 Del. Laws, c. 1; Code 1915, 4; Code 1935, 4; 29 Del. C. 1953, 102.) 103 Cession of lands to the United states ; taxation; reversion to State .(a) Whenever the United states shall desire to acquire a Title to land of any kind belonging to this State , whether covered by thenavigable waters within its limits or otherwise, for the site of any lighthouse, beacon, lifesaving station or other aid to navigation, andapplication is made by a duly authorized agent of the United states describing the site or sites required therefor, the Governor may conveythe site to the United states and cede to the United states jurisdiction over the site. No single tract desired for any lighthouse, beacon orother aid to navigation shall contain more than 10 acres or, for any lifesaving station, more than 1 acre.

4 (b) All the lands, rights and privileges which may be ceded under subsection (a) of this section and all the buildings, structures,improvements and property of every kind erected and placed on such lands by the United states shall be exempt from taxation so longas the same shall be used for the purposes mentioned in subsection (a) of this section.(c) The Title of any land which may be ceded under subsection (a) of this section shall escheat and revert to the State , unless theconstruction thereon of the lighthouse, beacon, lifesaving station or other aid to navigation for which it is ceded shall be commencedwithin 2 years after the conveyance is made and shall be completed within 10 years thereafter.(15 Del. Laws, c. 5; Code 1915, 5; Code 1935, 5; 29 Del. C. 1953, 103.) 104 Execution of process on ceded sovereignty and jurisdiction of this State shall extend over any lands acquired by the United states under 101-103 of this Title ,to the extent that all civil and criminal process issued under authority of any law of this State may be executed in any part of the premisesso acquired or the buildings or structures thereon erected.

5 (14 Del. Laws, c. 357, 3; 21 Del. Laws, c. 1, 3; Code 1915, 6; Code 1935, 6; 29 Del. C. 1953, 104.) 105 Nanticoke Indians; proof of descent; recognition.(a) The class of people known as the descendants of the Nanticoke Indians, formerly of Sussex County but at present located in theseveral counties of this State , who desire to migrate, may appear before any justice of the peace or notary public of this State and, onthe evidence and proof that the person belongs to or is a descendant of the Nanticoke Indians, may procure from such justice or notarya certificate reciting such facts.(b) The descendants of the Nanticoke Indians named in subsection (a) of this section shall be recognized as such within this State .(22 Del. Laws, c. 470, 1, 2; Code 1915, 3563; Code 1935, 4053; 29 Del. C. 1953, 105; 70 Del. Laws, c. 186, 1.) 106 Lenape Indian Tribe of Delaware ; recognition.(a) Legislative findings. The General Assembly finds all of the following: Title 29 - State GovernmentPage 2(1) The Lenape Indian Tribe of Delaware , referred to as "the Tribe" in this section, has an unbroken history of hundreds of years ofsettlement and continued residency in the vicinity of the Town of Cheswold in Kent County.

6 (2) Members of the Tribe preserved, displayed, and manifested close cultural ties with one another by conducting themselves insuch a social and economic manner so as to identify themselves as being culturally and ethnically distinct.(3) The Tribe can date their ancestral ties as far back as the early 1700s.(4) The Tribe was formerly known as "the Moors" and, for many decades of the twentieth century, State documents such as driver'slicenses designated the Tribe's race with an "M".(5) The Delaware School Code of 1921 provided that the State Board of Education could establish a school "for the children of peoplecalled Moors." As a result, 2 schools were built, 1 in the Town of Cheswold and 1 at Fork Branch on Denney's Road in Kent County.(6) There has been unofficial statewide acceptance and recognition of the Tribe for at least 125 years. Through a formal processof reviewing applicable State laws, historical and anthropological references, and previous actions of the General Assembly and Stateagencies, the Department of State concluded by 2009 that this State has historically acknowledged the Tribe.

7 (7) The Smithsonian Institute issued an annual report in 1948, in which the Tribe was referred to as the "Moors of Kent County, Delaware ," and identified as a surviving Indian group of the eastern United states .(8) The United states Census Bureau approved a defined " State designated tribal statistical area" for the Tribe for the 2010 Census.(9) The Tribe has a constitutional tribal Government , and the preamble of its constitution states that its purpose is to:a. Preserve the legacy of its Promote the interests of its Affirm its tribal Establish Ensure domestic Defend the general Exercise its governmental Protect its environmental, cultural, and human Secure its national sovereignty for future generations of its people.(b) Recognition. The Lenape Indian Tribe of Delaware is designated and recognized as an American Indian Tribe with a recognized tribal governingbody carrying out and exercising substantial governmental duties and powers. The Tribe is recognized as eligible for the special programsand services that the United states provides to Indians because of their status as Indians.

8 (80 Del. Laws, c. 367, 1.) 107 Nanticoke Indian Tribe of Delaware ; recognition.(a) The Nanticoke Indian Tribe of Delaware is designated and recognized as an American Indian tribe with a tribal governing bodycarrying out and exercising substantial governmental powers and duties. The Tribe is recognized as eligible for all programs, services,and other benefits provided to Indian tribes by the United states or any State thereof because of their status as American Indians.(b) The Nanticoke Indian Tribe of Delaware is designated and recognized as the first State -recognized tribe in Delaware , and has beenso recognized since March 10, 1881.(80 Del. Laws, c. 346, 1.) Title 29 - State GovernmentPage 3 Part IGeneral ProvisionsChapter 2 State BOUNDARIES 201 limits of the State are as follows: On the south, the divisional line between Delaware and Maryland; on the west, the divisional linebetween Delaware and Maryland extended northerly to its intersection with the southerly boundary line of Pennsylvania; on the north,the boundary line between Maryland and Pennsylvania extended easterly to its intersection with the 12-mile circle described from NewCastle and the 12-mile circle extended to low water mark on the eastern side of the Delaware River; and on the east, the low water markon the eastern side of the Delaware River within the 12-mile circle, the southerly perimeter of the 12-mile circle from its intersectionwith the low water mark westerly to the middle line of the Delaware River, the middle lines of the Delaware River and Bay below the12-mile circle to the mouth of the Bay and the Atlantic Ocean.

9 (Code 1852, 4; Code 1915, 7; Code 1935, 7; 29 Del. C. 1953, 301.) 202 Boundary monuments; ownership; inspection, repair and restoration; resurvey; entry upon lands.(a) The monuments marking the common boundaries between the State and any adjacent State or commonwealth are the joint propertyof the State and of such adjoining states or commonwealth.(b) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources andEnvironmental Control shall examine at least every 5 years the monuments marking the boundaries of this State . Whenever the Director ofthe Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shallfind that the monuments marking the boundary between Delaware and any other State or commonwealth have been lost, moved, removedor defaced so that the boundary thereof becomes obscure, inaccurate or incorrect, the Director of the Division of Historical and CulturalAffairs and the Secretary of the Department of Natural Resources and Environmental Control shall cooperate with the State officials ofany adjacent State or commonwealth in the replacement, restoration or repair of the monuments on the common boundary line.

10 (c) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources andEnvironmental Control may on behalf of the State make joint agreements and enter into joint contracts with appropriate officials oragencies of any adjacent State or commonwealth and with the United states Coast and Geodetic Survey or any similar neutral party oragency to resurvey, remark or otherwise delineate more thoroughly any part of any common boundary between the State and any adjacentstate or commonwealth or the offshore boundary between the State and the federal Government . Any such resurvey shall reproduce withgreatest possible fidelity the present established boundaries of this State . In the event that a question arises as to the common boundarybetween the State and the federal Government , or any adjacent State or commonwealth, a 3-member commission shall be appointed by theGovernor to act in conjunction with the Secretary of the Department of Natural Resources and Environmental Control and the Director ofthe Division of Historical and Cultural Affairs in negotiating a final settlement of the matter with the appropriate officials of the federalgovernment, or the adjacent State or commonwealth.