Eminent Domain: Nemski’s Letter and Denn’s Response
Dear Lt. Governor:
At the Delaware Liberal Inaugural Ball, you asked bloggers to help keep you honest, to keep your feet to the fire. Well, Mr. Denn, I am happy to oblige.
On Monday, you held a press conference with representatives of the Delaware State Chamber of Commerce as well as the AFL-CIO and you asked the General Assembly to proceed with caution. Let me stop there for a moment, business leaders and union leaders getting together and agreeing on something? Why does this make me a bit uneasy? Business and unions have been at odds for so long and now they agree that amendments are needed for the eminent domain legislation. But I digress and I don’t expect you to speak for business and union leaders.
However I imagine you can speak to what you said. You asked the General Assembly to take the extra time to shape a compromise (WDEL). What is that you don’t like about the current legislation? What type of amendment(s) do you and the leaders of business and unions want?
To the untrained political eye, it could seem that the office of the Lt. Governor might be representing developers and not representing the wishes of the people of Delaware. Please let me know why I am wrong.
Sincerely,
nemski
Below the fold is the Lt. Govenor’s response.
A quick note prior to getting to Lt. Gov. Denn’s response. In a further email exchange, Denn commented on a 10-10 tie in the Sente. The Lt. Gove. wrote later, “Just so you know, Senator Venables believes that the bill requires a 2/3 majority rather than a simple majority for passage, so I am not sure that my vote would be determinative if it were a 10-10 tie. That’s something I would have to rule on if it came up.”
And now without delay, the Lt. Governor response:
Happy to explain. First of all, the reason that the business and labor communities agree that we should be careful with respect to what type of bill we pass is the dire employment situation in Delaware. I am not sure it has sunk in on people how bad things are. Our state unemployment rate in December, 2007 was 3.8%. Our unemployment rate in December, 2008 was 6.2%. That is a staggering increase—a 63% increase in unemployment in our state over just a twelve month period. So that is the backdrop.
As far as Senate Bill 7 is concerned, if it comes up for a vote as currently written and there is a 10-10 tie, I’ll vote for it. But I think there are potential amendments that could preserve the core purpose of the bill without placing Delaware quite as far out of the regional mainstream as it would place us. Under Senate Bill 7, no private property could be taken for economic development purposes–even if the property owner were paid its full market value–if the property were literally uninhabitable or completely abandoned. The municipality would have to prove on top of all those facts that the property was also a danger to public health or public safety. By contrast, a number of the regional coastal states with whom we are competing for jobs–New Jersey, New York, Rhode Island–have no restrictions on eminent domain at all, and others such as Maryland have minimal restrictions.
So the bottom line is that I would like to see if it is possible to put together an amendment to the bill that protects the type of property owners that I think it was intended to protect, without going so far that we deter potential new employers from moving their physical headquarters here. Senator Venables, the chief sponsor of S.B. 7, has been very receptive to amending the bill for that purpose. If an amendment can’t get worked out, so be it–but the job situation is so critical that I think it would be irresponsible for us not to try. Not for developers, but for the increasing number of people in our state who are or are about to be out of work.
Hope that helps. It was good to meet you at the event over the weekend.
Tags: Delaware
Great blogging Nemski.
The state’s power of Eminent Domain should not be used to enrich individuals, corporations or unions. Period.
The reason we have SB7 is because private, for profit entities overreached. Which is what they will always do in the absence of legal bright lines.
I am not sure it has sunk in on people how bad things are. Our state unemployment rate in December, 2007 was 3.8%. Our unemployment rate in December, 2008 was 6.2%.
oh it has sunk in just fine sir 🙂
“The state’s power of Eminent Domain should not be used to enrich individuals, corporations or unions. Period. ”
This extreme position would mean eminent domain could not be used to build the interstate highway system.
I second that, DV. I find out my fate tomorrow.
His explanation just doesn’t look good to me. Basically he’s saying he doesn’t want Delaware’s ED to be different than the rest of the region. What about what is right and wrong? Where is that in his voting?
I was looking at this bill yesterday, and saw that Senator Adams is a co-sponsor this time around.
Matt Denn offers a good explanation – if you accept his premise that significant business is at stake based on our competitive position in the region.
What’s missing is any kind of evidence that we either gain or lose significant business based on our ED laws. We are skeptical because we are so used to “loss of business” as a Republican scare tactic.
Maybe the evidence is there and they just need to put it on the bottom shelf for us lazy bloggers.
There are two things which set the U S a part from the rest of the world, the rule of law and property rights.
You folks are on track on this one, taking of private lands for private profit is wrong.
For the comment about the highway system, you have to demonstrate a greater public good not personal, private gain. The highway system clearly did that job.
John Manifold,
Don’t be a dummy. If it is logical fallacies that you are interested in, allow me to suggest a number of wingnut blogs that would welcome your comments.
“By contrast, a number of the regional coastal states with whom we are competing for jobs–New Jersey, New York, Rhode Island–have no restrictions on eminent domain at all, and others such as Maryland have minimal restrictions.”
The truth is those states are making great strides in passing legislation. I’d say the response is less than forthcoming as to the reality of the situation.
It didn’t sound right to me, so I did a little research.
“To date, 42 states have revised their eminent domain laws since the landmark 2005 Kelo v. City of New London Supreme Court ruling.”
Also:
RI Senate passes Sheehan eminent domain legislation
Bill limits use of power for purely economic development purposes; provides protection, compensation for homeowners, renters
http://www.rilin.state.ri.us/News/pr1.asp?prid=5066
NJ – New Jersey Senate Committee Advances Eminent Domain Legislation
http://eminentdomain.foxrothschild.com/2008/07/articles/eminent-domain-1/new-jersey-senate-committee-advances-eminent-domain-legislation/
NY – State Senator Bill Perkins, along with Senators Velmanette Montgomery and Efrain Gonzales, held a hearing this morning in Harlem where he said he intends to create a commission to study reform of New York’s eminent domain laws.
http://www.observer.com/2008/real-estate/new-calls-stricter-eminent-domain-laws-projects-cue
To paraphrase from the President’s inauguration speech, we do not have to sacrifice our values for security. I would say this goes for economic security as well. Taking private property solely for economic development is wrong. Period. Roads, bridges, public use – that’s a different story.
JM: Explain, please, how building a public road system enriched private individuals.
I’m not sure that weak personal property rights ought to be an engine of economic development. But I understand the point about unilaterally disarming in the face of the regional competition.
That said, the reason that we are here in the first place is the spectacularly hamhanded way that the City of Wilmington announced its land grab on behalf of BPG. Telling property owners that all your lands are belong to us before ever beginning a good faith negotiation process just tells owners that the City keeps all of the face cards and good faith really doesn’t matter. Invoking eminent domain on a case by case basis after negotiations have stalled would have been the politically smarter thing to do. Most of us would still not be happy with the takings on behalf of BPG, but the City would have preserved a way of looking like a reasonable party this way (reluctantly invoking the process on the dangerous properties, the abandoned properties, the properties where owners wouldn’t play ball).
Instead, we are treated to a discussion that now wants to deal with the business of weakening property rights as a way to address our economic crisis. A discussion that requires sacrifice on behalf of property owners and the City of Wilmington’s taxpayers ONLY — who are providing this subsidy to BPG. And we are all supposed to agree to this. We are supposed to agree to a scheme that says that if BPG (or some developer who will provide some economic value) wants my house next, I just have to live with that.
And I imagine that no one will offer an amendment that will require property taken by eminent domain to be conveyed to said developers at at least the cost paid by taxpayers for that property. Because apparently it is not just important to make sure that developers get the land they need, but just as important to make sure they get that property for a cut rate (if not for free).
Is this all part of how Matt Denn’s “a good guy”?
One week in office and he’s already sold out to the worst special interests trying to muscle the people of Delaware.
Disaster corporate socialism…
Perhaps he is looking to bolster his ribbon-cutting opportunities for his time as Lt Gov.
Maybe Denn should stick to stand-up comedy.
TPN,
Explaining his logic is a big part of being a “good guy.” If you have an explanation, at least you have a starting point for a conversation.
Maria’s post is hilarious. Denn’s letter was posted at DelawareLiberal and the frank and candid discussion is going here in the comments section.
Now Maria want to turn this into some partisan thing. Typical.
She must be hanging around with fat ass-wipe movement conservatives too much. She was once much more even handed.
If they aren’t adding anything to the conversation, ignore them. No need to join them in their Bubble of Wrong.
Don’t forget to vote on posts here:
http://www.reddit.com/r/DelawarePolitics/
“If they aren’t adding anything to the conversation, ignore them.”
Funny, isn’t that what Denn thinks about Ed Osborne?
This IS a partisan thing. The Democrat party that runs Wilmington and runs Dover and runs everything in Delaware is RESPONSIBLE for these shenanigans.
You asked for it, you got it : total ACCOUNTABILITY for your party and its actions running all government in Delaware, and not just the politicians you don’t like.
But keep trying all this “post-partisan” BS to “ignore” inconvenient truths.
(In case you hadn’t noticed, this issue really peaks my Irish…so sorry if anyone is offended).
UI – I tend not to think being a “good guy” means someone’s explaining nicely how they are going to f*** you over. But I guess it’s a start.
The whole “Minner-Carney-Markell administration” line from the election was patently absurd.
But Minner-Carney-Denn? Spot-on.
Tyler – is there ever a situation where a property is so degraded that eminent domain should be an option?
Let’s specify that Ed Osbourne’s place is, in no way, in that class of property.
Where is there any burden on the developer here? The government pays in eminent domain cases. If someone wants my property, let them come to me and find out my price. If I like what I hear, fine, and if not, make another offer or walk away. Isn’t that how capitalism works? Isn’t that the free market?
And maybe someone smarter than me (shouldn’t be hard to find) can explain why the bill would need a 2/3 majority. If Gov. Markell keeps his promise, there won’t be any veto to override.
Nemski, I am glad to see someone at Delaware Liberal move away for party partisan and step up for the people’s party! Thank you
I am not suggesting anyone to give up their support for their party but stepping up like Nemski and holding them to task is what freedom is about! Being in the middle does get lonely. However, standing behind a political party when you heart says something is just not right is being no different than those you point the finger at across the isle.
“Tyler – is there ever a situation where a property is so degraded that eminent domain should be an option?”
Geek – it’s called “slum” and “blight” and already exists in the law, with quite a bit of definitional latitude I might add.
Oh, and major kudos to Nemski. Bravo, sir.
“But Minner-Carney-Denn? Spot-on”
They love Denn over here Tyler. How teflon he ends up being is up to the more astute and honest bloggers of this state and their continued challenge of elected officials beyond the first forays.
When Mr. Geek started to question the county WFH problems, all it took was Chris Coons’ “sincere” explanation to completely dismantle the affront here. Mr. Geek has been mostly silent ever since.
Please don’t let Denn silence you guys too. Keep stepping up to the challenge Mr. Nemski.
State over Party people.
My post and my on air comments have been non partisan. I’ve heartily defended Markell on this issue, I’ve blasted Denn.
F you, Nancy (blast furnace). I have been on the WFH issue this whole time. Some of us also have jobs and other responsibilities. I had a discussion about it this very morning.
“Tyler – is there ever a situation where a property is so degraded that eminent domain should be an option?”
I believe Fox Point State Park was a Super Fund site before acquisition. I don’t recall the mechanics of the acquisition, but this may be a good example of degraded property in a prime location.
As always, I could be wrong…
TPN in #14 writes “One week in office and he’s already sold out to the worst special interests trying to muscle the people of Delaware.”
I somehow miss how being willing to vote for the ED bill as currently written is selling out. I would have thought that TPN would have considered Denn as selling out if he stated that if, as currently written, it came to a vote, he would vote against it! Seems bass-ackward.
Denn seems to clearly express areas that he would like clarified, and I don’t see anyone really find fault with them.
I don’t see how invoking ED to pay fair market value for a property that is “literally uninhabitable or completely abandoned” is a step down a slippery slope.
In #19 TPN notes ““If they aren’t adding anything to the conversation, ignore them.”
Funny, isn’t that what Denn thinks about Ed Osborne?”
Again, TPN appears to enjoy mis-stating the facts. Denn speaks about the value of invoking ED (BTW, can we in the future refer to Mr. Osborne as ED Osborne? It would be simpler) for uninhabitable and completely abandoned property. This is 100% NOT completely ignoring Ed Osborne.
The only complete ignoring that is going on is done by TPN.
“uninhabitable or completely abandoned”
And who defines that, PB?
Mr. Geek, you dropped the ball on WFH, IMHO. Totally.
Here’s a comment from the News Journal on challenging Markell too on this crap (I think the author is Kavips – 🙂 )
“AGAIN, WHERE’S MARKELL, YOO HOOO, MR. CHANGE?..Oh Mr. Four More Years…..
SOYNOG claims, “There’s no reason they can’t relocate Osborne’s and the handful of other businesses nearby by creating a small industrial park.”
Yes there are reasons. IT’S THEIR PROPERTY. PROPERTY CAN’T BE RELOCATED. PERSONS SHOULDN’T BE RE LOCATED – OFF OF THEIR OWN PROPERTY. If Osborne wanted his business and his person, at another location, he would have done so. He obviously wants his property, himself and his business where they are. Osborne’s property is not blight, but is property someone else wants to profit by, plain and simple. Open the flood gates: Persons being re located by “government?/corporations,” businesses being re located by “government?/corporations;” families being re located by “government?/corporations”..Not for public use or blight, but because someone wants to profit from now valuable property and Delaware “government?”/corporations want the power to move you out.. “
“uninhabitable or completely abandoned”
And who defines that, PB?
The city has this department called Licenses and Inspections. It already does this — or, rather, it’s supposed to. Then again, it’s supposed to inspect every apartment in the city every time it changes tenants. Good luck with that.
I somehow miss how being willing to vote for the ED bill as currently written is selling out.
Exactly Paul. Thank you.
The partisan outrage and rancor on the “R” side is telling. What else do they have? Nothing.
Then there is Nancy with her crazy ass conspiracy theories. Sweet baby Jesus, help me.
Paul – you can split hairs on the head of a pin all day long.
Your guy is wrong. dEaD wrong.
But like the Bush Republicans you’ll find any way to distract from that to protect your people.
Denn’s standing with the AFL-CIO, DECoC, and BPG, all at the same time, is enough for me to know what he is really about.
Speaking out (as you demanded of Carney) in order to pull the rug out from under the many people, especially Osborne, who have already had this done to them by Delaware way trickery for nearly 2 years now, says it all to me.
But, please, continue dissecting this all you like.
The frequent groveling of party wanna-be-insiders here was exposed by DV long ago. Tyler’s pointing to the hypocrisy in the positioning of the DEMs is spot on. Come on. There is no grey area on ED. Shoot, who didn’t expect this moment to come soon into Markell’s tenure? Will he stand with principle or party powerful?
Nancy – some day when someone reads your blog, you should write all about the evils of Chris Coons and why it would have been much better to have an ex-cop/criminal instead.
Here is why “They love Denn over here…”
Because being rational, we love smart competent people who use thier talents to promote the public good.
Being irrational and having a head filled with the ghosts of past treachery, I’m sure you will not be able to fathom that Nancy.
LG: That would entail constructing and defending an argument. Never happen.
Exactly, Nancy has no argument, just delusional conspiracies.
On another note, folks in North Wilmington might make the case for eminent domain of the old Merchants Square that has been dilapidated for nearly 20 years…With prime access to 495, wouldn’t that be a great spot for redevelopment for a new company?
This position isn’t about Tom Gordon you freaky geeks. He lost, get over it.
This is about the county/union/developer lobby writing county law/DEM stranglehold that is forcing bad things on the population.
Really bad things (there are presently three CITIZEN lawsuits angling against Coons right now – all creations of conspiracy whacks from your subservient POV?)
I realize that I can’t get through your preconceived predjudices but it doesn’t mean I won’t shine the light on the fact that your butts are throroughly skewered.
hey, at least you aren’t deleting posts. yet.
WFH will be amended tonight, even the general assembly dropped the stay…you think those lawsuits will change anything?
The first lawsuit is in Chancery now. The public’s health is at great risk because of a deal brokered by Coons and Toll Brothers at the site of the old Hercules Experimental Station.
The second is also headed for Chancery about the WFH unit plans already-set and will likely result in the plans being revoked until the law is re-written. The amendments tonight won’t do shit to solve the problems the ordinance provokes because the developer lobby will introduce counter-amendments from the floor that will pass. The GA stay wouldn’t have solved the plans already in the queue.
The third court action is about Pam Scott/Stoltz monsterous plans for chateau country but Coons has promised (I got this in writing before the election) that he will stick his nose in and fix things.
I’m really surprised you socialists aren’t on board with ED. Isn’t it for the greater good of everyone? New business, jobs, etc. No?
By the way, don’t you sycophants wonder why so many DE bloggers have stopped commenting here? I would guess it is in disgust for the attack-dog underhanded clique aspect that stinks up what was once a decent place to ‘chat’.
It is still the chattiest blog but then, back in the day, Matthews had to rely on all of his relatives to keep up the comments. You guys have given over to a similar echo chamber disease. The number of comments doesn’t exactly measure the worth of a blog; just ask Tommywonk or Kavips.
“Maria’s post is hilarious. Denn’s letter was posted at DelawareLiberal and the frank and candid discussion is going here in the comments section.
Now Maria want to turn this into some partisan thing. Typical.
She must be hanging around with fat ass-wipe movement conservatives too much. She was once much more even handed.”
What part of my post is partisan, exactly, jason, and what in my on air discussion was partisan?
Are you upset because I had the nerve to bring up the fact that Copeland voted to overturn RAM’s veto of the ED legislation last session?
That’s not “partisan,” that’s a fact.
h., I am all for ED as a tool for public good. The case made by (oh god help me) #13 says it all. This was proactively fucked up by the DEMs running the city and they are getting fully backed by the legis. CYA by Carney was too good of an opportunity for Markell to stand and he went in for the publicity. It didn’t get him elected but it didn’t hurt either. That his Lt. G. is seen as ‘backing off’ of Jack’s pre-election pledge is news worthy.
Your lack of credibility is due to the conspiracies and secret deals with nothing to back it up that clog up discussions that should be about the merits for or against ED…
To change course
Comments on the Acierno/Merchant Square situation?
Merchant Square is an eyesore and if I lived near it I would be angry everyday. That area could really use a grocery store and shops. I imagine these additions would also help property values.
ED at Merchant Square? On principal I’m against it, but I bet if I lived in the neighborhood I’d be all for doing something drastic.
The lack of credibility is furthered by the notion that Matt Denn is “his” [meaning Markell’s] Lt. Gov. Try again, Nancy. Your problem is that you don’t know much about who’s using you and for what purposes, so you can’t discern whether what you repeat is true or BS. Doesn’t mean we can’t, though.
Tell you what — I’ll stop mentioning Gordon when you stop sounding like him.
Anon: Please understand that ED would never be used against a target that could fight back in court. If there’s one thing Acierno likes spending his money on, it’s fighting government in court.
Exactly Pandora, I’m not advocating for ED, but living next to a site like that would certainly raise questions. Good point Geezer!
oh come on Geezey, you are in serious denial if you now claim you didn’t notice that the HIGH DEMs and their post-primary candidate ,Denn, struck a deal with Markell and HIS CAMPAIGN COFFERS to usher in the new era of Jack/Matt?
get real.
A new era of Jack/Matt?
Please Baby Jesus let it be so. We just have to keep our eye on these dixiecrats, conspiracy theory crack pots and radical partisan republicans and we’ll get some progress for a change.
I have been in contact with my county councilman, John Cartier, more than once about Merchants Square. His basic response has been that the county has asked Acierno to either do something with the site or sell it. Acierno’s response has been that he believes the property is viable as a retail location so the county and the state can go kiss my ass.
I used to find it hard to believe that a property could be vacant as long as that one has for so long. The old Merchandise Mart died when Strawbridge’s left for the Concord Mall. That was at least 20 years ago. After witnessing how things are done in Delaware for so long, though, I only shake my head.
What the county, and I suppose the state, can do is keep on Acierno about code violations at Merchants Square. Trash in the parking lot, loitering, abandoned vehicles.
My suggestion to Cartier in the past has been to let the city of Wilmington annex Merchants Square and the land across Northeast Boulevard, which is also a big stretch of nothing, and have them take that.
Geezer is correct in saying that Acierno would never be a target for ED. He has whupped the county in court time and again.
The frequent groveling of party wanna-be-insiders here was exposed by DV long ago.
woohooo
and that is all I have to say about this post
oh and….
Nancy likes me
neaner, neaner, neaaaaneeerrrrrrr
fllllppppppptttttt!!!!!!
The Dem Party and Matt Denn have taken a page from the Republican Party playbook – serve special interests by fear mongering. Using an economic crisis to trample our constitutional rights is something I never thought democrats would ever do. The truth is the City of Wilmington and its taxpayers can’t afford to put millions of dollars at risk in a land grab for Buccini/Pollin Group that could fall through and leave taxpayers holding the bag for land seized by eminent domain. If Matt Denn and BCP like land grabs so much they should have been in Oklahoma in 1889. Instead they are going to tie-up economic development in lawsuits. That’s the real risk in our current economic crisis.
“you are in serious denial if you now claim you didn’t notice that the HIGH DEMs and their post-primary candidate ,Denn, struck a deal with Markell and HIS CAMPAIGN COFFERS to usher in the new era of Jack/Matt?”
Now you know why nobody takes you seriously. You can’t even tell the difference between making nice and making deals.
By the way, feel free to make a cogent argument about why Chris Coons has it in for you and yours. Try to use facts for once, instead of your fertile imagination.
I hope Delaware will try to attract business that won’t rely on ED for their business models!
ED can work the other way as well. In my job I’ve seen that governments in other countries can decide to seize land and redevelop it into more-valuable residential structures.
Merchants Square and Acierno. The thought brings me migraines. I lived in Edgemoor from 6th grade, through high school and I can tell you volumes of the fall of the Merchandise Mart to the pathetic hell hole it is today. Is the Golds Gym still in there? That is (was) an Acierno relative running that. I was told by a reliable CPA-friend at an often-used firm by the corporate world that Acierno is more than happy to keep that place in hell hole status for the glorified tax shelter it has become. He acquired it on the super cheap and writes loss after loss on it every year.
Isn’t Palladin Club his venture as well?
Good call Mike, there have to be code violations out the wazoo over there…
Litle Denn, everyone likes him. NOT! He never opened his mouth on this issue during the campaign…good cop, bad cop? Jack wants a “compromise”? You can bet all those “suits hiding in the corner during the campaign” are calling their shots now. Denn is a stooge because labor supported Carney, now they are calling in thir chits…its the disgusting Delaware Way. Time to ban all those corporate lobbyists (Del. State Chamber of Commerce, and the Del. “Private” Policy Insitute), backing all these “democrats who are willing to do their bidding”. This isnt a republican or democrat thang…this is a citizen vs goliath corporate Delaware thang”.
Crazebag to English Translation:
“Every Democrat who is not me or Noam Chomsky is a fraud.”
Its against State Law for the City of Wilmington to annex anything Something written way back when there was fear that northern NCC would be come Wilmington
All this hub-bub for nothin.
What?! No “BREAKING NEWS?” You all are slippin’! SB7 passed 19Y 0N, 1NV, 1A, with 2 amendments. Your new girlfriend, Maria has it covered for you.
So.. the whole problem with this bill passing is a balance between money and property rights of the citizens the elected officials are sworn to protect.
If we find the right balance between seizing property and giving in to businesses who will come into the state instead of our neighbors, this bill will pass.
So, what Mr. Denn is saying, is “How much do we screw the citizens so we can serve the citizens?”
Why can’t we not screw over our citizens and do something else to attract companies into the state?
In answer to Geezer, the Interstate highway system provided massive public subsidy to the automotive industry, the trucking industry and related businesses. Public money created the infrastructure that made possible Holiday Inns and other private fortunes. As Atrios and Mark Kleiman point out, there is no comparable lobby for mass transit.
Condemnation for roads generally means that people pay an authority for the privilege of traveling. That is, they pay a toy established by the likes of Robert Moses and operated by the likes of Mike Harkins. Condemnation for hospitals helps doctors make more money. Condemnation for courthouses perform the same service to lawyers. Need I mention condemnation for airports?
The point is not to suggest that all eminent domain is indistinguishable, or that the government should be able to condemn for obviously private purposes [like the News-Journal’s attempted 8th & Tatnall land grab]. Rather the suggestion that “Eminent Domain should not be used to enrich individuals, corporations or unions,” while understandable, doesn’t translate easily into legislation.
If the proposed legislation would prevent the government from condemning the Merchandise Mart, which Acierno has turned into a festering eyesore over the past 20 years, for the greater good, it may need another look.
Suppose Delaware had exercised its condemnation power in 1955-59 not to wreck West Center City so I-95 could overrun 25 blocks of thriving middle-class neighborhoods with never-to-be-replaced Victorian housing, but instead to build light rail links from Wilmington to Newark, Talleyville, Philadelphia Pike and New Castle?
Oops, couldn’t do under the “no benefit to corporations” rule. Mass transit was still owned by the Delaware Coach Co.
In other words, you’re pouncing on someone’s poor wording to mount your soapbox. Yes, every decision to build a road enriches someone, or rather a broad category of people — but it doesn’t enrich a single development entity.
The “problem” you cite doesn’t exist at the level of actual legislation, which easily distinguishes between public uses that improve infrastructure owned by government(which all your examples except hospitals fall into) and uses where the only “public” benefit is higher taxes on the new private owner. (BTW, I don’t know of any cases in which land was condemned for a hospital.)
More to the point, as I mentioned above, you’ll never see Merchandise Mart condemned, because Acierno would tie it up in court for years. Likewise, the land for the entire Wilmington Riverfront development was acquired not through eminent domain but by paying — often inflated rates — to the Pettinaro people, when using ED would have saved the government tens of millions of dollars. In short, ED in Delaware, particularly in the home-rule-challenged city of Wilmington, is used only against little people who can’t fight back.
In short, congratulations for solving a problem that exists only in your mind.
Question: Is the Osborne case the only ED situation in the works right now?
Question: How many times has ED been used in Delaware in the last decade?
Question: Doesn’t Wilmington have enough already-blighted areas for companies to take over already? The last time I was up in the city, over the summer, I wanted to get the hell out as soon as possible.
Question: Did Wilmington City Hall simply overreach in trying to kiss a developer’s butt, and instead get tainted? (pun intended)
I cop to the poor wording charge. Helping out a single developer or even a syndicate of developers is obviously different than building a highway or a light rail line when you consider economic impact.
JM’s case is disingenuous on its face.
Its against State Law for the City of Wilmington to annex anything Something written way back when there was fear that northern NCC would be come Wilmington
*
Now
here is a law that should be changed STAT.
Last week I attended my first Delaware League of Local Governments meeting and found it interesting that they strongly oppose the Venables bill to restrict eminent domain.
Joan Deaver, Sussex County Councilwoman
If you really care about this issue, you need to find out who the “lone” house member is that is preparing the amendment? Who is the snake?
The entire issue is so transparent. Why should BP pay for a property they want, when they can get a “willing pay to play” city government to call it a blighted area and seize it. When this first started the City and BP had no idea Ed Osbourne would fight them, or that the citizens around the state would be up in arms over it.
The City has plans allright. If they can somehow win this one, they will immediately begin to take properties in South Bridge for that big ole casino thing they have on the books. They already know the residents of South Bridge could never mount a legal campaign or citizen campaign against them that Osbourne managed to do.
This is a consititutional issue, the right to your property. Now if you really care about the issue, instead of just “talking” about it. Start helping.
Start calling every house member and make them “Commit” to the bill exactly as written. When we find the “one” that won’t ….we got the snake.
“(BTW, I don’t know of any cases in which land was condemned for a hospital.)”
The City was ready to condemn several blocks along Washington Street for the use of the Wilmington Medical Center in order to stop Project Omega and to keep the WMC’s expansion within Wilmington. Such an action would be problematic at best under § 9501A (c), and a lawsuit would certainly ensue, given the broad scope and ambiguous borders of the proposed legislation.
The condemnation of Osborne’s land has odiferous aspects, but this legislation bears the extreme DNA of its author, Institute for Justice http://www.ij.org/