SB 7 — Eminent Domain

Senator Venables’ bill is introduced and synopsized as follows:

This Bill requires state, county, or municipal governments, or State agencies or other condemning entities to use their eminent domain authority solely for “public use” and defines that term. The Bill specifically states that benefits derived from economic development do not constitute a public use. The Bill also includes notice to property owners of the asserted public use and this policy. The Bill also sets a procedure for a court hearing to consider how the State has met its burden of proof when private use is contemplated.
DelDOT currently follows detailed processes for acquiring property and property rights for a variety of transportation projects and programs under several different parts of the Delaware Code. Section 5 exempts DelDOT projects and programs from the provisions of the new Section 9501A, if the Secretary of Transportation or her authorized designee executes an appropriate affidavit affirming that the primary purpose of such acquisitions is to maintain or improve the State’s transportation network. DelDOT will continue to follow the existing laws under which it acquires property and property rights, such as 17 Del. C. Sections 137, 145, and 507, but without being required to undergo the additional steps required under Section 9501A. If no such affidavit is executed, then the Department must also follow the provisions of the new law.

You can see the actual text of the bill here.

This has 20 co-sponsors and 4 additional sponsors, so perhaps this thing has some momentum this year. (The only Wilmington delegation so-sponsor is McDowell.) I haven’t dug up last year’s bill to see if it compares.