UPDATED: Minner Vetos Eminent Domain Bill
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.
So much for the Democrats being the party of the average guy.
Where’s John Carney now? Can they create another scenario to make it look like he saved the day when he really didn’t?
Well, since this bill passed with overwhelming majorities of both Republicans and Democrats, it can hardly be said that Democrats in general are to blame here.
But one Democrat, Ruth Ann Minner, is.
And I do wonder if this is possibly a scenario to make Carney look like a hero yet again. That is an interesting take.
“Well, since this bill passed with overwhelming majorities of both Republicans and Democrats, it can hardly be said that Democrats in general are to blame here.”
The Dems can only get a pass on this if they use their overwhelming majority to get enough votes to bring this back to the floor and maintain the votes they had on the first go around. The legislature has the power to override the veto. Let’s see what they do now. Right.
The bill passed the House 38-0. It passed the Senate 18-1. The only way it doesn’t get overriden is if Thurman Adams stay true to his “policy.”
Venables could bring it back under suspension of rules. He only needs 11 votes to do that. If that were to happen, then a super majority is needed in order to send it on to the House. The votes were there the first time but I bet dolloars to donuts most of the legislators who wanted to be able to say they voted in favor of it would crumble if it came back to the floor. This is where you see what kind of backbone some of the bags of hot air really have. Mr Hero man DeLuca would brown streak his tighty-whities if anyone dared work within the rules.
Look in the era of Bush the goverment should be able to take your land if it deems it necessary. So what are you folks crying about. after all bush said that the consitution is nothing but a pice of paper.
If you really want a change vote OBAMA
I realize everyone hates Bush, but TT can’t be serious about that statement when the Democrat governor vetoes a bill and the Democrat President Pro Tem says he’ll abide by the veto. Bush has done a lot of things poorly, but this isn’t one of them.
Minner is to Delaware as Bush is to the US!
Rick,
First, it is the Democratic Governor and the Democratic President Pro Tem, just like it is the Democratic Party.
Second, ignore TT. On this one issue, Bush is actually, thankfully, irrelevant. Liberals and conservatives, Democrats and Republicans alike opposed the Kelo ruling. The only reason TT brings Bush into the issue is because Bush represents expansive authoritarian government, and Kelo grants extreme powers to said government.
This is one of those issues — and there are many — on which the Democratic Party response is to give the city leaders what they want, in the belief it will buy them city votes (particularly those of blacks). For that reason, Carney might not play “me too” as he does on most positions Markell stakes out.
I like the Markell campaign’s ability to:
A) have exactly the right answer, and
B) have exactly the right answer right away.
I simply cannot believe no one was home at Carney headquarters. That is political malpractice, especially when he knows, or should have known, that the Governor would be vetoing or signing bills this weekend at the end of the session.
What I’d like to know is how Carney, if elected, will form his positions without Markell around to form them first.
…or to follow Ruth Ann’s lead.
DD: I guess this shows they aren’t as close as Markell would like everyone to think.
What do you mean Al? Has Carney even issued a statement yet? Are his staffers answering the phone yet? My point was if Carney isn’t copying Markell, he is following Ruth Ann.
I meant that as a reply to your comment that he should have known the veto was coming. If he didn’t, maybe they aren’t as close as all that.
It really wouldn’t surprise me if they weren’t. I know it’s all the rage to merge them in the popular mind, but I doubt JC likes hanging around with Ruthie’s crowd of has-beens and hangers-on. I doubt people like Byrd and Patterson will have anywhere near as much influence in a Carney administration as they do with Minner, and Sharp and Cordrey will be shown the door.
His sin isn’t that he’s Minner all over again. His sin is that he didn’t speak up against any of this. Remember, Minner got her shot because the downstaters whined that it was their turn, and she was the electable face they put on their tired old bones. She’s never been anything but a front, um, man for Adams, Vaughn and her “in” crowd; over the past year she’s stopped even pretending to run things.
Carney played along with this for eight years because now it’s his turn. The only reason — well, almost the only reason — I’m against Carney is I refuse to reward this kind of party-first, public-good-second crap.
I’ll hold on to the other reason until the week before the election. Meanwhile, with the rise of the GOP in lower Delaware, we can hope that the Democratic Party never again knuckles under to the cretinous blackmail strategy that gave us Ruth Ann Minner.
I’ll hold on to the other reason until the week before the election.
Now I have to go around wondering until September.
You’ve got it, Al. The same factions that backed Ruth Ann’s rise to the Governor’s Mansion have thrown in with Carney. While her name is conspicuously absent from the list of Carney-backers, every Minner enabler has cast their lot with Carney. Clearly, they believe they have greater influence with him than they would with any other candidate. Pay no attention to the number of Minner appointees on the Carney endorsement list – they know he’s a “change” guy.
By the way, DD, no slight was intended. I think we’ve all heard Republicans called worse.
I took no slight. I was just correcting your improper use of my party’s name. Republicans do it all the time, because Frank Rich tells you guys that it polled worse than Democratic.
Got ya Al. Yes, Minner and Carney may not be close personally, and they may not be partners in the Minner-Carney Administration. But he has had eight years to speak up. It is too late in the eighth year to start.
It’s not as big a thing as you might think, Jason. Or maybe you will; it certainly shows that Carney is less progressive than Markell.
dolloars to donuts most of the legislators who wanted to be able to say they voted in favor of it would crumble if it came back to the floor.
Regrettably I think this is too true, particularly on the Dem side where union ties are strongest.
You have to think that somewhere along the way the tidal wave of public sentiment brought about the calculation that yea votes should be cast all around, all the while knowing that old Ruthie would save the day, and Thurman would back her up.
The Democrats have quite a little operation there. Use the two unaccountable autocratic dinosaurs you put in charge of the state as cheap political cover for certain legislators to gain political mileage for voting yea on a bill they really wanted quashed…and got what they wanted.
To me this is an acid test for the Democratic party in the legislature. If they really support the legislation and they really voted for it in good faith and they want the public to know they stand with us, they will do whatever it takes to push aside the Machiavellian 11th hour veto by the lamest of lame ducks and derail any parliamentary sleight-of-hand blockade based on some phony contrived “courtesy” policy.
Open government can begin on Monday, rather than as a re-election promise for November. It’s real simple. A Senate rules over-ride followed by a veto over-ride. The House would surely follow suit without quibble.
A few Democrats can take a stand and, for one brief shining moment, make the desk drawer yield up a dead-of-night end of session morsel for us mortals out here in the public.
If Ruth Ann and Thurman are offended, well…TS.
Any Democrat who lets this stand should be bludgeoned with it through November.
The public should know they stood with Ruth Ann and Thurman against 100’s if not 1000’s of citizens who voiced their support from every corner of the state for this civil rights bill.
I feel for Ed Osborne. I won’t be holding my breath.
The one who should be beaten mercilessly with it is John Carney. His defeat is the only thing that might scare the rest of them honest.
It may come as a shock to you, but I’ve never met Frank Rich. I just have a lot of acquaintances who consider themselves “proud Democrats”. I was unaware it was one of those words only you could use 😉 .
It is too late for Carney to ditto Markell….It is safe to hang this one around Carney’s neck…he has Publicly Stated he does not favor S.B.245. Hopefully, it will help strangle him.
I do not believe (could be wrong) there is enough time for Mike Purzicki (Riverfront Development Corp.) and Cronies to snatch up stuff before the election. You can bet a Gov. Markell, who has said he favors the bill (from the get go), will not have a problem asking for the bill to be brought up again.
(FORGIVE THE CAPS, BUT) PLEASE STOP THINKING THIS IS A BILL THAT ONLY EFFECTS THE city of Wilmington…S.B.245 IS A STATE WIDE ISSUE….NO ONE IS SAFE UNTIL OUR ELECTEDS PROTECT US FROM THIS ON SLAUGHT OF UNBRIDLED DEVELOPMENT.
Al and Others: John Carney was handpicked by Ruth Ann Minner and her crowd of enablers and hangers-on. He did not seek, nor had he ever sought, political office on his own. He has no elective political career if not for them.
I recall Bob Gilligan, Rick DiLiberto, Dave Sokola and others being considered for Lt. Governor when Ruth Ann was casting her fishy nets about for a running mate.
I recall most people, including me, being surprised when John was plucked from bureaucratic semi-obscurity for the position. I thought then, and I think now, that it was because he was a ‘team player’, someone without the independence to challenge the real decision-makers, the Bobby Byrds, Gary Pattersons, Ed ‘Buddha’ Freels, labor guys, et al.
It is why his attempts to claim his is an independent voice (Bluewater, cancer cluster petition) ring so false to me. I just wish Markell would call him on it more.
You are absolutely right, Steve. It has been over 12 hours since the Governor’s decision, and still no word from the Carney camp.
I suspect the members of the real press have the cell number of Carney’s press sec. and have already gotten the responce quote.
Not that I am rooting for Carney or Markel. I don’t see a dime’s worth of difference between the two. One’s a bueracrat, the other is a bean counter. There isn’t an ounce of leadership in either of them.
Well then why wasn’t Carney’s response or quote about this veto in today’s paper?
Oh Sagacious One: I disagree with you only in your formulation of who did the choosing. It’s been pretty clear over the past 8 years that Ruth Ann Minner isn’t in charge of anything.
anon: You might want to learn how to spell “bureaucrat” before you start dissing them.
You have to wonder why has Carney put himself in the is lose/lose situation?
I mean…
What does the shadow government (Bobby Byrds, Gary Pattersons, Ed ‘Buddha’ Freel) get by hanging Carney out to dry like this?
I mean…
What does the shadow government (Bobby Byrds, Gary Pattersons, Ed ‘Buddha’ Freel) get by hanging Carney out to dry like this?
He still gets to say he made BWW happen, and the vast majority of voters will love him. Minner did nothing of value – nothing – and has done plenty she should be excoriated for. But she takes credit for the smoking ban and she gets respect.
Jason: That is indeed a good question. My uninformed guess would be that the powers-that-be in Wilmington threatened to not prop up the new straw man unless Aunt Bea wielded her pen.
Or maybe certain members of the shadow government have a few personal stakes in the riverfront…
Or maybe certain members of the shadow government have a few personal stakes in the riverfront…
I’d say that’s a safe bet.
Too bad we don’t have an actual newspaper in this state.
Ding ding ding. All of the above!
Sounds like the Delaware Democrats are a total mess.
Skipper: That’s because at this point Democrats have to play the roles of both parties in Delaware.
Al,
Ouch! Good one.
In essence, that is EXACTLY what’s going on. Downstate conservative Democrats should actually be Republicans anywhere else.
You have failed to include Joe DP&L Farley in the list of cronies. I know he did own property on the riverfront but I think Barclays was built on the site.
The ‘story’ of him bringing his printing business (very profitable on election years, I’m sure) to Wilmington’s King Street is not w/o question. I forget the deal the Frawley/Freels gave him on that.
The next thing I know he has relocated to the riverfront well before there was any ec. dev. action. I’m certain Barclays was steered in his direction and that he made a nice piece of change on the deal.
when do we start drilling off the coast for the local pipefitters? After we get the cool looking pipe to transfer the oil built, we can have the painters come in and put lovely egrets and stuff all over to make it blend in
what a freaking joke
Markell should make hay while the sun shines….
make ‘property rights’ the main issue of the ’08 gov. race. Carney could claim to win the battle (BWW) but Markell would win the war.*
(How do ya like me now?)
*Everyone and their sister is claiming to have been the pivot person for getting BWW on board….like most group efforts some politico wants to claim the prize…we had to ‘beat’ him into the fight.
‘No Name for Privacy’: Yeah, I usually include Delmarva Joe in my list of the Permanent Government usual suspects.
And I admit, I hadn’t thought about how he likely benefited from sale of his old Justison Street location.
I think he’s also got at least one other questionable deal that a real newspaper would investigate. Remember when he bought radio station WAMS and somehow flipped it to DELDOT, which would use it as their public information/emergency radio outlet? I always wondered about that one…
Graft, graft, graft