Posted on 04/07/2009 6:12:04 PM PDT by Delacon
Governor Markell Set to Sign Senate Bill 7 WEB RELEASE: April 3, 2009 CONTACT: Bob Ewing (703) 682-9320
Arlington, Va.—For the second time in as many years, the Delaware legislature has passed historic eminent domain reform. Both houses of the Delaware legislature voted unanimously to approve S.B. 7, which will protect homes, small businesses, farms and houses of worship from the abuse of eminent domain for private profit. The legislation heads to Governor Jack Markell, who has said he would sign the bill.
“Delaware just shot to the head of the class,” said Steven Anderson, an attorney at the Institute for Justice who worked with property owners and legislators on the bill. “S.B. 7 is reform that should make everyone proud, allowing all Delaware property owners—from Brandywine to Bethany Beach—to keep what they’ve worked so hard to own.”
After the U.S. Supreme Court’s infamous decision in Kelo v. City of New London, which allows the government to forcibly transfer property from one private individual to another, Delaware became the first of 43 states to reform its eminent domain laws. Unfortunately, the 2005 legislation provided only modest reform, allowing eminent domain abuse to continue.
Nowhere was that more apparent than in Wilmington, where local officials authorized the use of eminent domain for private gain against 62 properties and 38 businesses, including Ed Osborne’s Auto Repair, along the Christina River waterfront. The City is threatening to seize the land of these successful businesses and hand it over to a private developer who promises increased tax revenue and jobs from the construction of luxury condominiums and upscale shops.
S.B. 7 makes several critical changes to current law that will better protect property owners from eminent abuse. It specifically excludes increased tax base, tax revenue and economic development from the state’s definition of “public use” and restricts eminent domain to its more traditional uses—things like roads, schools, parks and police stations. S.B. 7 will continue to permit the acquisition of property for public utilities.
Most important, S.B. 7 makes certain that property that sits in a so-called slum or blighted area or is unfit for habitation or abandoned can be taken by eminent domain only when it is a direct threat to public health and safety in its current condition. Local governments retain the tools to obtain the worse properties, but only when they are objectively bad. And in situations where a private party may develop or own such properties, the bill requires municipalities to provide “clear and convincing evidence” that the condemnation complies with the state’s new definition of “public use.”
Anderson said, “It’s refreshing to see elected officials do what’s right and stop the abuse of eminent domain once and for all. Delaware finally finished what it started four years ago and the folks who fought for this legislation should be applauded.”
The Congressional Housing Bill allows and funds CITIES to use eminent domain in regard to supbrime ‘blight’. The Delaware Bill does not contravene the Housing Bill use of eminent domain for seizure...whole squares of blocks can be taken, even if some mortgage paying homeowners in the black are involved in the area. At least one article at the time gave H. Paulson the credit for intervening with Rep Frank to include and fund with several billion $$ the eminent domain initiatives in the Housing Bill...the original protections were thus removed. Thus, cities can still use as with the Kelo Decision eminent domain for condemnation, posession and REDISTRIBUTION AND USE, only now the initiatives for seizure are FUNDED with billions...sound familiar?
Praise the Lord!
It complicated and I haven’t totally ever understood how he got to where he got because I’ve been in and out of the state my whole life but I think it comes down to this. We are a very small state with a small population. Everyone knows everyone else. Biden is one of the last great glad handers which works well here. Swear to god, he showed up at the funeral of a local restaurant owner during our only snowstorm a month ago that may have been attended by 200 other people.
Excellent Post!
That’s how Tom Daschle survived as long as he did in a conservative state like South Dakota.
He provided exceptional constituent services. He went back to the state a lot and most importantly, he remembered names of people.
In the small towns in West River, he remembered to ask (as an example) Tony, the town barber, how his mother was doing after her hip surgery.
People never forget that type of attention and it made them pay less attention to Daschle’s more obnoxious voting record.
In this instance, republican politicans have something to learn from Biden and Daschle.
I hope Delaware has solved its problem. My concern was that the focus seemed on PRIVATE usage as a result of the use of eminent domain. Are you sure that the Delaware law excludes the use of Kelo as in the US Congress Housing Bill for PUBLIC purposes, as outlined and funded in the Housing Bill passed last summer?
They can recognize the need to get rid of “eminent domain” when it comes to private profit, so why can’t they do the flip side of the coin and eliminate it for the purposes of gov’t benefit?
The former is a crime, like stealing a car.
The latter is a crime plus waste and bloat, like stealing and immediately blowing up your car, with new bureaucratic “jobs” to supervise its destruction.
Nah... He came from Pennsylvania...
Since he showed up all over the State, it gave us a chance to keep up with the latest ‘PLUG’ count...
Besides, he was a gaff a minute... Very annoying person but sometimes entertaining.
Oh, now that we have found him a home at Disneyland East (DC) please don’t send him back... Thank You!
“Are you sure that the Delaware law excludes the use of Kelo as in the US Congress Housing Bill for PUBLIC purposes, as outlined and funded in the Housing Bill passed last summer”?
No I am not sure. Good question. This just happened on I think the 3rd. Hell, the Governor hasn’t signed it yet(but he says he will).
Almost all laws in the name of doing good, lately, have increased our problems EXPONENTIALLY!! While we work off our big LEAD-PILE of debts, it would be good for the entire Congress to vacation at Davos for a few years as WE figure out the solutions and decide whether to invite them back. Apparently, almost no national laws are read, studied by the reps., and, maybe it is the same in the states to a lesser degree. So much mis- and dis-information and information emission regarding any legislative activities. Oh, well, there is Lou Dobbs and the FRP.
“Oh, now that we have found him a home at Disneyland East (DC) please don’t send him back... Thank You”!
D? Are you also a member of the FASWTGBOOD club?
(Find Any Way To Get Biden Out Of Delaware)
:)
Well the libertarian/property rights Castle Coalition posted this article. I am no legal expert so I tend to trust these guys when they say this is a good thing. I totally understand your skepticism though.
LOL - Might say so....
Where can we find another John Williams, Cale Boggs, Pete duPont..... I sure miss those types of public servants!
Worked on Pete duPont’s presidential campaign. Memories.
Hmmmm, Just thinking what a Pete/Palin ticket would have done... I know the country would be better off. Sarah would have gotten really good training for 2016 too.
As my daddy used to say, if frogs had wings they wouldnt hurt their asses every time the jump.
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