Delaware Business Blog

Eminent Domain Update

Legislation intended to reign in the abuse of Eminent Domain in Delaware has been introduced again in the General Assembly. This legislation is essentially the same as the bill that former Gov. Minner vetoed last year. Jack Markell said he would have signed it and – one must assume – he would sign it if it made it to his desk this year.

The experts in this matter – The Institute for Justice – say it is good law:
Steven Anderson said, “As it’s written now, it’s a good bill.” He added, “It’s essentially the same as the bill that passed last year, and that would have provided good reform had Gov. Minner not vetoed the bill.”

So all is well and we will soon have restored the property rights taken by the U.S. Supreme Court in the Kelo case, right? Uh, no.

Now Matt Denn stands in opposition to the bill. He says it is a bad time to limit the power of our government in such a way. Perhaps he could elucidate us on this point. Why is it that the public can only have rights when it is convenient for the Government?

Denn says a recession is the wrong time to limit the tools available to the public sector to boost the economy and generate jobs. He wants changes that would allow some exceptions.

Stay tuned.

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