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DE HB458

Bill

Status

Introduced

6/7/2022

Primary Sponsor

Nnamdi Chukwuocha

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • Authorizes the City of Wilmington to use eminent domain to acquire vacant or abandoned property without meeting the standard "public use" requirement under Delaware law

  • Requires the Wilmington City Council and Mayor to pass an ordinance declaring the acquisition part of a community development plan necessary to prevent neighborhood decline or decay

  • Defines "vacant" as a residential or commercial building where no one has lawfully resided or conducted business for 3 or more years, excluding properties actively undergoing construction or renovation

  • Defines "abandoned" as unoccupied property showing the owner has deserted their duty to maintain it, with courts able to consider code violations, occupancy history, and delinquent property taxes

  • Allows property owners to challenge a taking by raising whether the property actually qualifies as vacant or abandoned as a legal defense

Legislative Description

An Act To Amend Title 29 Of The Delaware Code Relating To Real Property Acquisition By The City Of Wilmington.

Last Action

Reported Out of Committee (Administration) in House with 5 On Its Merits

6/15/2022

Committee Referrals

Administration6/7/2022

Full Bill Text

No bill text available