SB 7 Eminent Domain Bill Update
Quick update on the status of this bill: It was reported out of the Small Business Committee in the Senate with 1 Favorable, 3 On Its Merits (What is the difference between Favorable and On Its Merits?), and seems ready for full Senate debate and vote. There is word of a pending amendment by Harris McDowell that would largely gut this bill as written by letting a government still invoke the taking by making sure that they pay the property owner something like 120 or 130% of the value of the property. I just got a call on this — but can’t find the Amendment text yet to confirm.
UPDATE from NJ — Here is the link to the story. Key bit:
One expected amendment, Venables said, would be of special interest to Wilmington — the state’s hotbed of eminent-domain controversy for a city contingency plan that could condemn about 60 properties as part of an economic revitalization plan. The amendment, expected to be introduced today by Sen. Harris McDowell, D-Wilmington North, would allow localities to use eminent domain as a last resort if needed to recover land for businesses, but would require them to pay the property owner 120 percent of the assessed value, purchase a new location for the owner and pay moving expenses. McDowell could not be reached for comment.
I have to get back to my meeting, but this is stupid a whole bunch of ways from Sunday.
Tags: Delaware
The Legislature website . .. . sucks.
The Amendment may not be introduced yet — I may have been told a rumor. So that is why I was trying to find it on the website.
delawareonline is reporting McDowell’s proposed amendment.
He is an embarrassment to his own family history. Here’s a silver spoon that got lodged up a nose….can’t smell anything good for the people…a complete sell out (for years now.).
According to the NJ, McDip’s amendment read that the property owner would be compensated 120% of assessed value. If that’s how it reads, it’s even worse since assessed value is used for taxes and appraised value is used for market value. In NCC’s case, the assessed value is based on 1983 market value. Other considerations not addressed are too many to delve into here but suffice it to say that any amendment will weaken the property owner’s rights. Urge your legislators to vote for the bill (as written) and vote against the amendment. That is the only certain protection for the property owner.
A silver spoon up his nose? I’ve heard plenty of McDowell rumors, but never one about nose candy.
Unfortunately for me, McDowell is the senator from my district. (I refuse to say my senator.)
I heard about this amendment on Jensen’s show this afternoon. I only caught the first few minutes, but apparently someone left a note for Jensen at the WDEL front desk with “URGENT” written on it. The writer explained McDowell’s amendment. I imagine he has spent a fair amount of time on that issue today.
I’d love to hear his explanation for this, but he never returns phone calls to his office and doesn’t respond to email. I did get a letter from him last July with his reasoning for not voting to overturn RAM’s eminent domain veto (DEL Dot, legal challenges, etc.), and it only took one call a week for almost three months to Dover.
Its sort of a segue, but the fact that those like McDowell and McDowell himself keep getting elected is a lesson to those of you concerned about who will replace Biden or challenge Castle.
The McDowells of our state political arena have only a small group of supporters who enable them to be elected time and again. However, regardless of the group’s small size, they work like hell during the campaign, and vote come hell or high water.
I believe that the core of Delaware Liberal, Delaware Watch, Down with Absolutes, and even the sane members of Delaware Politics, abeit small in numbers, could combine to put forth a successful candidate for federal office. 100 people busting ass for 6 months prior to an election is more beneficial coordination than even Markell can brag of.
The difference between ‘favorable’ and ‘on its merits’ is as follows. There is no important difference between ‘favorable’ and ‘on its merits’ in that either is a vote to send the bill to the floor for debate. ‘On Its Merits’ simply means that the legislator believes that the bill merits consideration by the entire legislative body.
Assessed value. That’s a laugh.
Thanks El Somnambulo.
This is pure conjecture, but McDowell probably wrote that “120%” thinking that people would say, “ooooh…120% is a bunch of money.”
I still can’t wrap my head around the assessed value part. If property values haven’t been reassessed for two decades, then how is that not a LOSS for the property owner?
Help me out here. Was just pleading on air for some clarification.
Assessed value usually would be the results from several appraiser and then throw out the highest and lowest or use the average of the three.
I doubt they mean the assessed value used for tax purposes.
BTW, Mike, I see you’re linking to new uses of the “n-word” on your hate site. I guess you’ve decided trashing gays isn’t enough anymore so you’ve gone to promoting the n-word as funny. Ha, ha.
Delaware’s own Rush Limbaugh: Mike Matthews
Trashing gays? You really are reaching, aren’t you?
Your lovely in-house religious bigot, Leo the Hater. No reach.
“Abortion and homosexuality in particular, once accepted as normative behavior, have the potential of setting the society down a slippery slope. While I am sure there are other evils which can cause a society to unravel, these are the ones we have been arguing about…”
Those evil homosexuals…
You are beyond pathetic, dude. Absolutely pathetic. However, I enjoy that Leo has you all hot and bothered. Exactly the reason I brought him on board.
Exactly the reason Down With Absolutes has turned into a hate site. Some of your content would be better suited for Fred Phelps or the Klu Klux Klan. Why don’t you get Phelps to write for you? Or David Duke?
Someday maybe you’ll grow up and realize that hate and hate speech is not amusing. Calling people evil because of whom they love and making fun of President Obama’s inauguration using the n-word is despicable and disgraceful.
Not that you care, but some pathetic people like me do.
You can’t attack people for their hate speech when you spew the same around here, only against Republicans and those with whom you disagree politically. The only thing that makes Leo’s “hate speech” more acceptable than yours is that he, at least, signs his name to his “hate.” You, on the other hand, are nothing more than a coward.
Is there a reason why this thread needed to be hijacked for this? Neither of you thinks it more appropriate and perhaps more considerate of the folks interested in this bill to take this to Mike’s blog or to email?
And if you hadn’t thought of it, I strongly suggest you should.
To El Som: Thanks so much for the clarification!
Assessed value usually would be the results from several appraiser and then throw out the highest and lowest or use the average of the three.
I doubt they mean the assessed value used for tax purposes.
I would agree with this, except to caution people that you should remember the games played during the bubble with assessments AND to remember that it is the City of Wilmington we are talking about here. Besides, there are intangible values to a business as well as pain in the ass costs to everyone forced to move. Do those get covered? Banks right now are really screwed up — what if you can’t get the kind of loans that you have now for your business or mortgage? There are a lot of variables here and basically limiting any negotiation to what may be codified by this amendment is seems to just legalize what they were trying to do in the first place — deal from the bottom of the deck.
Cassandra,
Your point is taken and I will stop. I shouldn’t have engaged A1. I asked a question in #12. A1 answered in #13 and then proceeded to offer an off-topic attack in #14. I shouldn’t have taken the bait. My apologies.
I have made it pretty clear that I don’t “hate” repubs individually or personally – I hate their party as an institution for what they have done to our country and I will ridicule their beliefs endlessly in exactly the same way any totalitarian party deserves ridicule. And I have never suggested that anybody should have their civil rights denied to them because of their beliefs even as repubs would try to deny them to me and others.
That you can’t tell the difference between heated discussions about political party affiliation and calling gay people “evil” for whom they love and using vile racial epitaphs is telling.
That all you can do is to call me a “coward” for speaking up about it anonymously shows how shallow and indefensible your blog’s hate speech really is.
But then you have been quite clear that you don’t care who you hurt or what hate you encourage as long as it gets people talking.
You’re right, CM. I hijacked it, and I apologize. No more from me.
Thanks, Mike and A1.
To anononr: Your concept of ‘assessed value’ is totally wrong.
Mike M – There are times when the assessed value from 20+ years ago might be higher than today’s market value. It’s most likely something one may see in a property that is in a transition area where highest and best use has changed over time. Plus, an income property may have had a high value in ’83 and now have diminished income potential and a reduced value.
There are many scenerios. Generally speaking though, 120% of assessed value would screw most property owners when the base year of assessment is so outdated. It would be a realllly bad amendment and would make it easier for gov’t to do property takings.
As they say, PI, the devil’s in the details.
The way I described it is how it is often done when corporations are purchasing a group of properties for development or from an employee during a relocation. It is a process that has been used by other states when they are condemning property for development, like for a highway.
Until we see the legal definition, we’re both guessing what Delaware would use. Using the tax base “assessed value” would be wrong and I think would cause a lot of law suits.
How has Delaware managed flood plain buyouts?
Anonone:
In Glenville, each property was individually appraised at fair market value as of the day of the flood. Properties were assumed to be in good condition. On the rare occasion when a property owner did not agree with the appraisal provided by the state, they could have a 2nd appraisal done themselves and submit it to the state. I believe a total of 4 owners disagreed with the original appraisal. Also, the DelDot appraisals were conduted by certified independent fee appraisers who physically inspected each and every property. In addition to the fair market value, property owners received a buyout package that covered relocation expenses. Other ‘bought out’ properties were treated the same along the flood affected areas. DelDot regularly hires independent fee appraisers for property takings of all sorts.
Does anyone alse think that maybe Rich Abbott. Esq. and Mr. ED Em Dom Osbourne himself are looking for a bigger payday than they deserve?
PI,
Thanks for this.
I would hope (assume? expect?) that any Eminent Domain claims by the state would be ultimately handled similarly.