News Journal Makes Eminent Domain an Issue
In the last three weeks, we have had two major political events. The first was the Bluewater Wind deal. Politically, since Lt. Governor Carney was involved in the final negotiations, and since he was given partial credit at the news conference by Delmarva and BWW officials, it was a win for him. A win that quickly found its way into a television ad downstate.
Then, last week, Governor Minner vetoed the nearly unanimously passed Senate Bill 245, which would have restricted the eminent domain powers that the state government has under the recent Kelo v. United States opinion, protecting private land from seizure by the government for use in private economic development. Jack Markell had previously indicated his support for the bill, and on the night of the veto, his campaign made his displeasure known to Mike Matthews of Down with Absolutes. Meanwhile, Carney was no where to be found for 36 hours.
Later, on the last night of legislative session, when the Senate failed to override the Governor’s veto, in an exclusive interview with Delaware Liberal, Carney was evasive about whether he supported the Senate Bill. The basic nonanswer Carney gave was that he would not have let Senate Bill 245 get to his desk without some allowance for urban blight/renewal in Wilmington. He never did answer whether he would sign or veto Senate Bill 245 as it stood that night. This is no doubt because his financial backers are the very same developers who wanted Minner to veto this bill.
Thus, last week was a political win for Jack Markell for his stand on Eminent Domain. Yet, we wondered whether the public would notice or care about eminent domain the same way it noticed and cared about offshore wind. In other words, does a political win for Carney on BWW outweigh a political win for Markell on eminent domain?
Well, the News Journal is out with an article today, entitled “Markell Opposes Eminent Domain,” which is featured prominently on its website. To us, this news is a week late. Perhaps to the average voter, it is news they were unaware of. The question is, was this article in today’s newspaper? I did not get a dead tree version today. It does not appear it was on the front page, so if it was in today’s paper, it must be in either the “A” or Local section. The article focuses on Ed Osborne, as it should. And it focuses on the difference between Markell and Carney on the issue. Indeed, suprisingly, the article does a very good job of illustrating the Carney dance on the issue.
And it also contains this tidbit:
Josie Roy said she has decided to run for the state Senate against Wilmington Democrat Margaret Rose Henry, and will make eminent domain a cornerstone of her campaign. Henry, D-Wilmington East, is one of eight senators who voted to pass the eminent domain bill but then refused to override Minner’s veto.
I live in the district, and would like to help Ms. Roy in any way I can in her primary challenge. I will be contacting her shortly, once I get back from Phoenix. This is what we should always do. For we need more Democrats, but better Democrats who will stand up for what they believe in and serve their constituents’ needs, rather than the needs of the lobbyists.
By the time I get to Phoenix she’ll be rising
She’ll find the note I left hangin’ on her door
She’ll laugh when she reads the part that says I’m leavin’
‘Cause I’ve left that girl so many times before
Now I wish you still had editing, for this link would have highlighted the above quote nicely…..
Sorry, the coincidence of the two was just too good pass up……
Thanks to the Supreme Court interpretation “Public Use” now means “Private purpose” and left as it is. Is a fabulous concept, just think of the possibilities and the new opportunities for litigation in our States and local municipalities, the new found case loads for the state supreme courts, the unlimited podiums for our blowhard state legislators, the newly acquired platforms for the American media, and all this in support of the majority or in defense of the minority, take your pick , either way it is a grab bag of opportunity and fun for all. Let us now look upon our own upturned horseshoes and applaud the supreme court for not seriously interpreting and defending our peoples Constitution, for to do that would have been to look a gift horse in the mouth and would have possibly jeopardized our newly found bonanza of liberties belligerent. This Bill 245 and in many other attempts to pass a Senate Bill whether State or national is only, to clip the target and not the crux of the mater.
Eminent Domain Proposal
Candidate for Governor Mike Protack is very disappointed at the failure to override SB 245 and clearly lays out in the attached video why Governor Minner and the Legislature failed to act in a responsible way. Economic growth will suffer because of the short sighted actions of Governor Minner.
Mike offers specific legislation (with help from the Independent Party of Delaware) and a video link to hear his views
http://vimeo.com/1251971
State of Delaware
House of Representatives
144th General Assembly
House Bill No___
AN ACT TO AMEND THE CONSTITUTION OF DELAWARE TO LIMIT THE
SOVEREIGN POWER OF EMINENT DOMAIN
1 The Constitution of the State of Delaware ( with two-thirds of the members of both houses
2 concurring in two successive sessions of the General Assembly ) is hereby amended as
3 follows:
4 Article XVIII
5 Eminent Domain
6 Section 1. The Power of Eminent Domain is Restricted Solely to Cases of Public
7 Use and Necessity.
5 The sovereign power of eminent domain of the state, its political subdivisions and the
6 agencies, instrumentations and quasi-public entities thereof shall be restricted in scope
7 solely to cases of public use and necessity. Such cases shall be objectively demonstrable
8 in a court of competent jurisdiction; and shall be made in the public trust and in the greater
9 public interest; and may include historical and environmental preservation. No sovereign
10 entity may construe this power or collude with other entities or individuals to ultimately
11 effect private purposes of development or gain under pretenses of public benefit, revenue
12 enhancement, general improvement or other non-public reason.
page 1 of 2
13 Section 2. Just Compensation.
14 Property owners so affected shall rightfully be entitled to the fair market value of their
15 holdings and other just compensations related to losses stemming from imposition of
Like I previously commented…what is your point. “the new opportunities for litigation in our States and local municipalities, the new found case loads for the state supreme courts, the unlimited podiums for our blowhard state legislators, the newly acquired platforms for the American media” our can you enlighten us.
As I see this issue it’s involves an auto dump on south market street that the city of Wilmington wants
Very nice.
FUNNY GIRL, YOU HAVE BEEN AWARDED THE SEAL OF NO EXPERIENCE! THIS IS A 3 WEEK OLD THREAD AND NO ONE IS READING IT ANYMORE, MORE, MORE, ORE, RE, E, E, E, e,e