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144th General Assembly
Senate Bill # 245

Primary Sponsor: Venables Additional Sponsor(s):    Sen. Ennis Reps. Williams & Hastings & Oberle
CoSponsors: Sens. Bunting Copeland McDowell Peterson,Reps. Brady Carey Carson Cathcart Ewing Hall-Long Hocker Johnson,Kowalko Lavelle Lee Longhurst Maier McWilliams Miro Mulrooney Outten Schooley Schwartzkopf D. Short Spence Stone Thornburg Wagner Walls
Introduced on : 04/23/2008
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 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 mechanism for the court to consider whether the agency has met its burden of proof when private use is contemplated.

Current Status: Vetoed   On   06/28/2008
Volume Chapter:
Fiscal Note:
Not Required
Date Governor acted:06/28/2008
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Full text of Legislation:
(in MS Word format)
Legis.Doc   (You need Microsoft Word to see this document.)

Amendments: SA 1 to SB 245 - Defeated
Committee Reports:
Senate Committee report 06/03/08 F=1 M=4 U=0----->Committee Report
House Committee Report 06/11/08 F=4 M=3 U=0---->Committee Report
Voting Reports:
Senate vote: () Passed 6/10/08 5:55:13 PM------->Voting Record
House vote: () Passed 6/12/08 4:57:52 PM------->Voting Record
Senate vote: (Motion to Override Veto) Defeated 06/30/08 7:52:13 ------>LIS for GA#144
Actions History:
Jun 30, 2008 - . Reconsider to Override Veto - Votes: Defeated 11 YES 9 NO 1 NOT VOTING 0 ABSENT 0 VACANT
Jun 28, 2008 - Vetoed by Governor
Jun 12, 2008 - Passed by House of Representatives. Votes: Passed 38 YES 0 NO 1 NOT VOTING 2 ABSENT 0 VACANT
Jun 12, 2008 - Lifted From Table in House
Jun 12, 2008 - Laid On Table in House
Jun 11, 2008 - Reported Out of Committee (TRANSPORTATION/LAND USE AND INFRASTRUCTURE) in House with 4 Favorable, 3 On Its Merits
Jun 11, 2008 - Introduced and Assigned to Transportation/Land Use and Infrastructure Committee in House
Jun 10, 2008 - Passed by Senate. Votes: Passed 19 YES 1 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 10, 2008 - Amendment SA 1 - Defeated by Senate. Votes: Defeated 10 YES 8 NO 2 NOT VOTING 1 ABSENT 0 VACANT
Jun 10, 2008 - Amendment SA 1 defeated
Jun 10, 2008 - Amendment SA 1 - Introduced in Senate
Jun 03, 2008 - Reported Out of Committee (SMALL BUSINESS) in Senate with 1 Favorable, 4 On Its Merits
Apr 23, 2008 - Assigned to Small Business Committee in Senate
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