Delaware General Assembly

Senate Elections & Government Affairs 5/1/25

Awaiting consideration in Committee

5/1/25

Wilson

Rep. D. Short

Sen. Hocker, Lawson, Pettyjohn
Rep. Dukes

AN ACT TO AMEND TITLES 10, 22, AND 29 OF THE DELAWARE CODE RELATING TO REAL PROPERTY ACQUISITION AND THE EXERCISE OF EMINENT DOMAIN.

This Act requires a municipality to comply with all limitations and requirements contained in Chapter 95 of Title 29 and § 120 of Title 22 whenever the municipality uses eminent domain to acquire real property. This Act prohibits a municipality from using eminent domain to acquire real property for recreational use. Additionally, a municipality shall hold a public hearing before using eminent domain to acquire real property. A municipality shall give notice of the public hearing at least 10 days prior to the date of the public hearing by doing all of the following: Publishing an advertisement in a newspaper of general circulation in the municipality or in the county in which the municipality is located. If the owner can be identified, by mailing written notice by certified mail to the owner of the real property the municipality plans to acquire by eminent domain. The required notice must include all of the following information: A description of the real property to be acquired. The public use for which the real property is to be acquired. The time and place for the public hearing. At the public hearing, all of the following must be explained: The public use for the real property is to be acquired. The reason for choosing the real property for the public use. The right of each owner of the real property to receive just compensation under Chapter 95 of Title 29. The right of each owner of the real property to negotiate, including the right to accept or reject the offer of damages required under Chapter 95 of Title 29. Public comment must be allowed at the public hearing and any objection raised at the public hearing must be considered. This Act also updates the condemnation procedure in Chapter 61 of Title 10 to require a municipality bringing a condemnation action to show compliance with the public hearing requirement in § 120 of Title 22 in its complaint. This Act applies to condemnation proceedings filed after the Act’s enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.

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Takes effect upon being signed into law

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