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145th General Assembly
Senate Bill # 7 w/SA 1, SA 2

Primary Sponsor: Venables Additional Sponsor(s):    & Ennis & Cloutier & Reps. D.P. Williams & Oberle
CoSponsors: Sens. Adams, Bunting, McDowell, Simpson, Peterson, Reps. Carey, Carson, Cathcart, Hocker, J. Johnson, Kowalko, Lavelle, Lee, Longhurst, Miro, Mulrooney, Outten, Schooley, Schwartzkopf, D. Short, Thornburg, Walls, Wilson
Introduced on : 01/15/2009
Long Title:AN ACT TO AMEND TITLES 10 AND 29 OF THE DELAWARE CODE RELATING TO REAL PROPERTY ACQUISITION AND EMINENT DOMAIN.
Synopsis:This Bill requires state, county, or municipal governments, or State agencies or other condemning entities to use their eminent domain authority solely for “public use” and defines that term. The Bill specifically states that benefits derived from economic development do not constitute a public use. The Bill also includes notice to property owners of the asserted public use and this policy. The Bill also sets a procedure for a court hearing to consider how the State has met its burden of proof when private use is contemplated.
DelDOT currently follows detailed processes for acquiring property and property rights for a variety of transportation projects and programs under several different parts of the Delaware Code. Section 5 exempts DelDOT projects and programs from the provisions of the new Section 9501A, if the Secretary of Transportation or her authorized designee executes an appropriate affidavit affirming that the primary purpose of such acquisitions is to maintain or improve the State’s transportation network. DelDOT will continue to follow the existing laws under which it acquires property and property rights, such as 17 Del. C. Sections 137, 145, and 507, but without being required to undergo the additional steps required under Section 9501A. If no such affidavit is executed, then the Department must also follow the provisions of the new law.

Author: Senator Venables


Current Status: Signed   On   04/09/2009
Volume Chapter77:12
Date Governor acted:04/09/2009
Full text of Legislation:
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Full text of Legislation:
(in MS Word format)
Legis.Doc   (You need Microsoft Word to see this document.)

Fiscal Notes/Fee Impact:Not Required
Amendments: SA 1 to SB 7 - Passed
SA 2 to SB 7 - Passed
Committee Reports:
Senate Committee report 01/21/09 F=1 M=3 U=0----->Committee Report
House Committee Report 04/01/09 F=0 M=5 U=0---->Committee Report
Voting Reports:
Senate vote: () Passed 1/27/2009 5:19:28 PM------->Voting Record
House vote: () Passed 4/2/2009 3:54:58 PM------->Voting Record
House vote: () Passed 4/2/2009 4:31:36 PM------->Voting Record
Engrossed Version:
Engrossment------->Engrossment
Actions History:
Apr 09, 2009 - Signed by Governor
Apr 02, 2009 - Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Apr 02, 2009 - Restored in House
Apr 02, 2009 - Passed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT
Apr 01, 2009 - Reported Out of Committee (HOUSE ADMINISTRATION) in House with 5 On Its Merits
Jan 28, 2009 - Introduced and Assigned to House Administration Committee in House
Jan 27, 2009 - Passed by Senate. Votes: Passed 19 YES 0 NO 1 NOT VOTING 1 ABSENT 0 VACANT
Jan 27, 2009 - Amendment SA 2 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jan 27, 2009 - Amendment SA 2 - Introduced in Senate
Jan 27, 2009 - Amendment SA 1 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jan 23, 2009 - Amendment SA 1 - Introduced and Placed With the Bill in Senate
Jan 21, 2009 - Reported Out of Committee (SMALL BUSINESS) in Senate with 1 Favorable, 3 On Its Merits
Jan 15, 2009 - Assigned to Small Business Committee in Senate
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