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Delaware Laws | Title 29 State Government
CHAPTER 2. STATE BOUNDARIES
Sec. 202. Boundary monuments; ownership; inspection, repair and restoration; resurvey; entry upon lands.

Sec. 202. Boundary monuments; ownership; inspection, repair and restoration; resurvey; entry upon lands. (26)(Text)

(a) The monuments marking the common boundaries between the State and any adjacent state or commonwealth are the joint property of the State and of such adjoining states or commonwealth. (27)

(b) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall examine at least every 5 years the monuments marking the boundaries of this State. Whenever the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall find that the monuments marking the boundary between Delaware and any other state or commonwealth have been lost, moved, removed or defaced so that the boundary thereof becomes obscure, inaccurate or incorrect, the Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control shall cooperate with the state officials of any adjacent state or commonwealth in the replacement, restoration or repair of the monuments on the common boundary line. (28)

(c) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control may on behalf of the State make joint agreements and enter into joint contracts with appropriate officials or agencies of any adjacent state or commonwealth and with the United States Coast and Geodetic Survey or any similar neutral party or agency to resurvey, remark or otherwise delineate more thoroughly any part of any common boundary between the State and any adjacent state or commonwealth or the offshore boundary between the State and the federal government. Any such resurvey shall reproduce with greatest possible fidelity the present established boundaries of this State. In the event that a question arises as to the common boundary between the State and the federal government, or any adjacent state or commonwealth, a 3-member commission shall be appointed by the Governor to act in conjunction with the Secretary of the Department of Natural Resources and Environmental Control and the Director of the Division of Historical and Cultural Affairs in negotiating a final settlement of the matter with the appropriate officials of the federal government, or the adjacent state or commonwealth. (29)

(d) The Director of the Division of Historical and Cultural Affairs and the Secretary of the Department of Natural Resources and Environmental Control, their authorized agents or employees, may enter upon any property for the purpose of examining any boundary monument, except that no entry shall be made during the growing season upon any land planted in crops which might be damaged by such entry. (30)

(48 Del. Laws, c. 256, Sec. 1; 29 Del. C. 1953, Sec. 302; 53 Del. Laws, c. 255; 58 Del. Laws, c. 102, Sec.Sec. 1, 2, 4; 71 Del. Laws, c. 368, Sec. 1.) (31)

Sec. 203. Penalty for removing, damaging or possessing monument. (32)(Text)

(a) Whoever moves, removes, breaks, mutilates, defaces, destroys or otherwise injures any monument marking any boundary between this State and any adjacent state or commonwealth shall be guilty of a class B misdemeanor. (33)

(b) Any person who has in possession any monument heretofore placed or prepared to be placed upon any of the boundary lines specified in subsection (a) of this section shall, upon demand being made for the monument by the Director of the Division of Historical and Cultural Affairs, surrender and deliver the monument to the Director of the Division of Historical and Cultural Affairs, or to the Director's authorized agents or employees. (34)

(c) Whoever fails on demand to surrender and deliver the monument as required by subsection (b) of this section shall be guilty of a class B misdemeanor. (35)

(48 Del. Laws, c. 256, Sec. 2; 29 Del. C. 1953, Sec. 303; 53 Del. Laws, c. 255; 58 Del. Laws, c. 102, Sec. 3; 65 Del. Laws, c. 475, Sec.Sec. 1, 2; 70 Del. Laws, c. 186, Sec. 1.) (36)

Sec. 204. Publication of state boundaries. (37)(Text)

The Director of the Division of Historical and Cultural Affairs is hereby directed to publish a small pamphlet setting forth in latitudes and longitudes, as currently determined by the United States Coast and Geodetic Survey, the boundaries of the State. In addition to other distribution, copies shall be sent to the Department of Natural Resources and Environmental Control, the State Department of Transportation, the Legislative Council and the Library of Congress. (38)

(29 Del. C. 1953, Sec. 304; 58 Del. Laws, c. 86.) (39)

CHAPTER 3. STATE SEAL, SONG AND SYMBOLS (40)(Text)

Sec. 301. Great Seal. (41)(Text)

The seal now used as the Great Seal of this State and bearing the arms of this State shall be the Great Seal of this State. It is emblazoned as follows: Party per fess, or and argent, the first charged with a garb (wheat sheaf) in bend dexter and an ear of maize (Indian Corn) in bend sinister, both proper; the second charged with an ox statant, ruminating, proper; fess, wavy azure, supporters on the dexter a husbandman with a hilling hoe, on the sinister a rifleman armed and accoutred at ease. Crest, on a wreath azure and argent, a ship under full sail, proper, with the words "Great Seal of the State of Delaware," the dates "1704, 1776, and 1787," and the words "Liberty and Independence" engraved thereon. (42)

(Code 1852, Sec. 463; 24 Del. Laws, c. 89, Sec. 1; Code 1915, Sec. 387; Code 1935, Sec. 361; 29 Del. C. 1953, Sec. 501; 70 Del. Laws, c. 186, Sec. 1; 74 Del. Laws, c. 276, Sec. 1.) (43)

Sec. 302. Seal of state officials, courts and public officers. (44)(Text)

The seals of the Secretary of State and Auditor of Accounts and of the several courts of this State and of the several public offices and officers in the several counties, now established and used, shall be the seals of such courts, offices and officers respectively and shall be so received and used. The seal of the office of the clerk of peace shall be the seal of the county government of Kent and Sussex Counties. The seal of the office of the clerk of the county council shall be the seal of the county government of New Castle County. (45)

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