MILFORD, DE - A dispute between Milford City Council and a property owner last year has led to some Delaware legislators introducing bills that would limit the use of eminent domain in the First State.
In September of 2024, Milford officials moved to use eminent domain to condemn and acquire a tract of land owned by Annette Billings as part of their comprehensive plan to add more bike lanes and a park. The City Council proposed $20,000 of compensation for Billings, which she said was significantly less than the actual value of the property.
Milford officials said they resorted to eminent domain in order to fulfill their obligation to city residents for more recreation options as part of the comprehensive plan, adopted in 2021.
Billings would go on to fight the proposed use of eminent domain, gaining growing support from neighbors in the dispute. In February 2024, Milford City Council voted to abandon the pursuit of acquiring Billings’ 8-acre tract of land.
Now, Delaware lawmakers are trying to limit just how eminent domain can be used. One bill, introduced Thursday, specifically looks to amend Milford’s charter.
On May 8, Milford Representative Bryan Shupe introduced House Bill 146 which would allow eminent domain in Milford, but not when the land being obtained would only be used for recreational purposes.
“The new City Council and many residents were calling for a formal situation where this would not happen again,” Shupe said, “and this proposal does just that."
Shupe said a full ban on eminent domain was not being pursued as Milford’s Council acknowledged there may be instances when its use is necessary, such as accessing public utilities.
Senator David Wilson, District 18’s and Milford’s State Senator, also introduced a similar bill earlier this month. Senate Bill 114 was introduced on May 1 and would apply to all Delaware municipalities.
Like Shupe’s House Bill, SB 114 would amend Delaware Code to prohibit eminent domain in situations where the land would be used for recreation. Wilson’s bill would also require notice of a public hearing be given at least 10 days before the meeting to discuss the eminent domain case.
Wilson is also listed as a co-sponsor on Shupe’s HB 146. HB 146 has been assigned to the House Administration Committee while SB 114 was assigned to the Elections and Government Affairs Committee in the Senate.