DE SB7 | 2009-2010 | 145th General Assembly
Status
Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on April 9 2009 - 100% progression
Action: 2009-04-09 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Spectrum: Bipartisan Bill
Status: Passed on April 9 2009 - 100% progression
Action: 2009-04-09 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Summary
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
Title
An Act To Amend Titles 10 And 29 Of The Delaware Code Relating To Real Property Acquisition And Eminent Domain.
Sponsors
Roll Calls
2009-04-02 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]
2009-04-02 - House - House Third Reading (Y: 38 N: 0 NV: 0 Abs: 3) [FAIL]
2009-01-27 - Senate - Senate Third Reading (Y: 19 N: 0 NV: 1 Abs: 1) [PASS]
2009-04-02 - House - House Third Reading (Y: 38 N: 0 NV: 0 Abs: 3) [FAIL]
2009-01-27 - Senate - Senate Third Reading (Y: 19 N: 0 NV: 1 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2009-04-09 | Signed by Governor | |
| 2009-04-02 | Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
| 2009-04-02 | Restored in House | |
| 2009-04-02 | Passed by House of Representatives. Votes: Passed 38 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT | |
| 2009-04-01 | Reported Out of Committee (HOUSE ADMINISTRATION) in House with 5 On Its Merits | |
| 2009-01-28 | Introduced and Assigned to House Administration Committee in House | |
| 2009-01-27 | Passed by Senate. Votes: Passed 19 YES 0 NO 1 NOT VOTING 1 ABSENT 0 VACANT | |
| 2009-01-27 | Amendment SA 2 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT | |
| 2009-01-27 | Amendment SA 2 - Introduced in Senate | |
| 2009-01-27 | Amendment SA 1 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT | |
| 2009-01-23 | Amendment SA 1 - Introduced and Placed With the Bill in Senate | |
| 2009-01-21 | Reported Out of Committee (SMALL BUSINESS) in Senate with 1 Favorable, 3 On Its Merits | |
| 2009-01-15 | Assigned to Small Business Committee in Senate |
