SPONSOR:	Sen. Venables & Rep. Hocker ;
	Sens. Adams, DeLuca, Still, Peterson, Bunting, McDowell, Copeland, Simpson, Cloutier, Connor; Reps. Lee, Carey, Atkins, Smith, Ennis, Caulk

DELAWARE STATE SENATE

143rd GENERAL ASSEMBLY

SENATE BILL NO. 217

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REAL PROPERTY ACQUISITION AND THE EXERCISE OF EMINENT DOMAIN.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 9505, Title 29 of the Delaware Code, by inserting therein a new paragraph to read as follows:

“(14) Notwithstanding any other provision of law to the contrary, the acquisition of real property through the exercise of eminent domain by any agency shall be undertaken, and the property used, only for the purposes of a recognized public use as described at least 6 months in advance of the institution of condemnation proceedings: (i) in a certified planning document, (ii) at a public hearing held specifically to address the acquisition, or (iii) in a published report of the acquiring agency.”

Section 2. Amend § 9503, Title 29 of the Delaware Code, by striking the phrase “in the opinion of the agency” as it appears therein and by substituting in lieu thereof the phrase “in the opinion of the court”.

SYNOPSIS

This Act addresses various abuses and uncertainties relating to the exercise of the State’s power of eminent domain and the protection of private property rights.

First, this Act requires that the State’s power of eminent domain only be exercised for the purposes of a recognized public use as described at least 6 months in advance of the institution of condemnation proceedings in a certified planning document, at a public hearing held specifically to address the acquisition, or in a published report of the acquiring agency.

Next, this Act provides that, in the event condemnation proceedings are commenced, and either the final judgment is that the property cannot be acquired by eminent domain, or the proceeding is abandoned, the state agency that was seeking the condemnation shall pay the property’s owner(s) a sum which, in the opinion of the Court, will reimburse such owner(s) for reasonable attorney, appraisal and engineering fees, actually incurred because of the proceeding. Under existing law, the agency pays an amount which it, in its own opinion, would reimburse such owner(s) for those costs and fees.

This Act applies to all political subdivisions of the State, such as the several counties and municipalities of the State, as well as every department, agency or instrumentality of the State or of a political subdivision of the State; any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the State, or states; and any person who has the authority to acquire property by eminent domain under State law.

Author: Senator Venables