Delaware Liberal

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.

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