§ 6201. Jurisdiction of Superior Court. (a) The Superior Court shall have exclusive jurisdiction to vacate any dedication of open space or parkland accepted by any county or municipality whether or not title has been accepted. The Court shall, in its final order, decide all questions raised concerning the vacation, including the award of damages. […]
§ 6202. Application of chapter. (a) This chapter establishes and shall exclusively govern procedures by which a dedication accepted by a county or municipality may be vacated. This chapter shall not apply, however, to the vacation of streets, roads or highways dedicated for the use of the general public or to easements or rights-of-way for […]
§ 6203. Petition for vacation; notice requirements. (a) In any action commenced in Superior Court, the person who holds legal title to the dedicated open space or parkland, the owner of the property abutting said dedicated property or the county or municipality in which said dedicated property is located, may apply to the Superior Court […]
§ 6204. “Vacation” defined. “Vacation” shall mean the abandonment of the dedication covenant to any county or municipality in any dedicated property accepted by a county or municipality when said county or municipality, legal title holder or abutting landowner has clearly shown an intent to abandon through lack of use, care or maintenance thereof any […]
§ 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, […]
§ 6206. Open space jurors; appointment and direction as to return. (a) If the Superior Court orders that the dedication shall be vacated, it shall then appoint 5 judicious and impartial open space jurors of the county or municipality to view said property and make return on a date fixed by the Court. The Court […]
§ 6207. Damages; hearing. (a) On a day fixed by the Court, a hearing shall then be had on the issue of damages as presented in the return. At such hearing all interested parties may present evidence and argument regarding the question of damages, their amount and apportionment, as are permitted under this section or […]
§ 6208. Property equivalence. (a) Any other provision of this chapter notwithstanding, the Chancery Court shall not order that a dedication be vacated unless the legal title holder to the dedicated property, or some other party to the proceeding provides by restrictive covenant, that an amount of open space, at least equivalent in size and […]
§ 6209. Appeal. Any interested party before the Superior Court may appeal the Court’s decision to the Supreme Court, within 30 days of the final order thereon, regarding the question of whether the dedicated property shall be vacated or the question of the amount of damages and their apportionment or any other matter raised at […]
§ 6210. Compensation and expenses of jurors and employees. (a) The jurors shall be allowed $25 a day for their services and shall be entitled to mileage at the rate of 15 cents a mile going and returning. (b) The Court shall fix the compensation of all persons properly employed as surveyors, chain carriers, axepersons […]
§ 6211. Costs of proceedings. The costs of proceedings for vacating the dedication of property shall be paid by the petitioners, unless such petition is granted in which case such costs shall be paid by the party or persons authorized by the return to enclose it, and in the pro rata share fixed by the […]
