I guess we should have expected this.
Gov. Ruth Ann Minner announced today she is vetoing legislation that would have redefined “public use” in the eminent domain law and made it harder for government agencies to take private land.
The Legislature passed Senate Bill 245 on June 12, after months of negotiations between parities involved in the issue.
The legislation would have only allowed government agencies to take private land if it was intended for “public use” and added that economic development did not meet the definition of “public.” It also would have tightened the definition of blighted, adding it must be a threat to public health and safety.
The General Assembly passed Senate Bill 326 to exclude DelDOT as part of their efforts to alleviate Ruth Ann’s concerns about allowing this bill to pass, but apparently that was not enough. The effort to tighten eminent domain laws came primarily in response to the U.S. Supreme Court’s ruling in Kelo v. City of New London, which held that state and local governments could take private property for private economic concerns. In other words, if the City of Wilmington wanted to revitalize West Wilmington by having developers come in and build condos and boutique shops, they could use the power of eminent domain to take the property needed from the current owners. And the focal point of efforts to reign in eminent domain powers in Delaware has been local resident and property owner Ed Osbourne, who has been fighting an attempt by the government to take his property for use in the development of a new condo complex.
Apparently exempting DelDOT is not enough, so what more does Ruth Ann want?
But maybe we do not need to answer that question, as the News Journal says that members of both the House and Senate say this bill is a priority, and an attempt to either reach a compromise that makes Ruth Ann happy or an attempt to override her veto will take place on Monday before the close of the session. However, Dana Garrett reports that the wonderful Senate President Pro Tem Thurman Adams has a policy that ensures that no veto by a Democratic Governor ever gets overriden while he is alive.
UPDATE: Mike Matthews reports that he immediately called both the Carney and Markell campaigns for their response. No one ever answered at the Carney headquarters! A staffer at the Markell camp told Mike he would get back in touch with him with a response, and an hour later, Mike received this statement:
Press guru Joe Rogalsky reports that Markell would have instantly signed this legislation because “he believes in protecting Delaware homeowners and businessowners. From a presser two weeks ago:
“The protection of private property from government seizure is one of the fundamental principles that our country was founded on,” Markell said. “Delawareans who have built homes and businesses should not have to live in fear that one day their local government will order them to sell their homes and businesses so the government can turn the land over to a private developer. Delaware will be better off when this bill becomes law.”
Looks like Markell has a head start on winning next week.