Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 6 D · 1 R cosponsors

SB 6 — AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE AND CHAPTER 108, VOLUME 62 OF THE LAWS OF DELAWARE, AS AMENDED BY CHAPTER 99, VOLUME 72 OF THE LAWS OF DELAWARE, RELATING TO CLARIFYING THE WARNER GRANT TRUST AND THE JURISDICTION OF THE COURT OF CHANCERY AS ARBITER OF DISPUTES REGARDING THE WARNER GRANT TRUST LAND.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 10, 2023. Enacted.

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Likely to advance 98% · high confidence

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  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    12 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (6 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

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Summary

In 1682 or 1683, the Sussex County Court, created by William Penn, created the land grant that is the subject of this Act (“Warner Grant”). As this Act describes, the Warner Grant consists of land in and adjacent to the City of Lewes largely consisting of what is now Cape Henlopen State Park. As the United States District Court for Delaware would later find, the Warner Grant created a “right of common” held in trust for the benefit the people of Lewes and Sussex County. See United States v. 1,010.8 Acres Situate in Sussex County, 56 F. Supp. 120 (D. Del. 1944). In the early 1970s, nearly 300 years after the Warner Grant was created, a dispute arose over the meaning of the Warner Grant and who had authority to enforce the right of common under the Warner Grant when the City of Lewes leased land in the Warner Grant to a real estate company for the purpose of constructing a housing development. Lawsuits were filed by members of the public and the Attorney General. Eventually, the 130th General Assembly settled that dispute by enacting Chapter 108 of Volume 62 of the Laws of Delaware to establish the Warner Grant Trust (“Trust”) and set the boundaries of the lands in the Trust, known as the Warner Grant Trust Lands (“Lands”). In light of recent proposals for the use of the Lands, the 152nd General Assembly finds that clarification is necessary as to the permitted uses of the Lands and as to how future disputes are to be litigated. To that end, this Act does all of the following: (1) Makes clear that the Department of Natural Resources and Environmental Control (“Department”), as trustee of the Warner Grant Trust Lands, must administer the Lands for the public benefit and adhering to 3 governing priorities: (1) conservation, (2) nature education, and (3) public recreation. (2) Makes clear that the Department must administer the Lands so that a private benefit or financial gain to a for-profit enterprise or public-private partnership is not detrimental to the public benefit. (3) Provides that the Court of Chancery has original jurisdiction over disputes regarding the Lands. (4) Provides that the Attorney General must represent Delawareans in the enforcement of the Trust and, if the Attorney General declines to do so, any resident of Sussex County may sue to enforce the Trust and the Court of Chancery must award attorney’s fees to the plaintiffs who prevail in enforcing the Trust. (5) Includes a provision in the Delaware Code, § 4523 of Title 7, referencing the Department’s duties under this Act to preserve memory of this Act for future generations. Section 1 of this Act amends Chapter 108, Volume 62 of the Laws of Delaware, as amended by Chapter 99, Volume 72 of the Laws of Delaware, which contains 10 sections labelled Section 1 through Section 10. Section 2 of this Act amends the Delaware Code to create a new § 4523 of Title 7.

Bill Text

What changed in the latest version

217 added · 27 removed

217 line(s) added, 27 removed.

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Huxtable DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Huxtable & Rep.
1 TO SENATE BILL NO.
Schwartzkopf & Rep.
6 AMEND Senate Bill No.
Parker Selby & Rep.
6 on line 118 by deleting “priorities, which must coexist harmoniously:” after “governing” therein and inserting in lieu thereof “priorities:”.
Harris & Rep.
FURTHER AMEND Senate Bill No.
Hilovsky Sens.
6 on line 130 by inserting “fishing, birding,” after the comma and before “camping” therein.
Hansen, Hocker, Hoffner, Lawson, Sokola, Townsend;
FURTHER AMEND Senate Bill No.
Reps.
6 by inserting the following after line 136 and before line 137:
Baumbach, Heffernan, Phillips, Romer DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO.
“(4) A use or activity in existence on January 1, 2023, including the concession stand, the rental of facilities by organizations, or a public-private partnership that supports the governing priorities under paragraph (2) of this Section, does not violate paragraph (2) or (3) of this Section.”.
6 AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE AND CHAPTER 108, VOLUME 62 OF THE LAWS OF DELAWARE, AS AMENDED BY CHAPTER 99, VOLUME 72 OF THE LAWS OF DELAWARE, RELATING TO CLARIFYING THE WARNER GRANT TRUST AND THE JURISDICTION OF THE COURT OF CHANCERY AS ARBITER OF DISPUTES REGARDING THE WARNER GRANT TRUST LAND.
FURTHER AMEND Senate Bill No.
Section 1.
6 by deleting lines 141 to 145 and inserting in lieu thereof the following:
Amend Chapter 108, Volume 62 of the Laws of Delaware, as amended by Chapter 99, Volume 72 of the Laws of Delaware, by making deletions as shown by strike through and insertions as shown by underline as follows:
“Lands.
WHEREAS, in 1682/3 the Court established by the Penn family in Lewes, Delaware, made a grant to Edmund Warner (recorded in the Office of the Recorder of Deeds for Sussex County in Deed Record Book A-1, page 14 et seq.) of the land described as follows:
Any resident of Sussex County, as an original beneficiary of the Trust, may bring an action in the Court of Chancery and is to be awarded attorney’s fees if the Court of Chancery finds that the Department of Natural Resources and Environmental Control has violated its duties under Section 5, or if justice so requires.”.
"the land of the Cap Commonly called "Cape Henlopen, Lying on the North East side of the Creek formerly called the Whorekill to make a Coney Warrin on and Liberty to Build a House and seat a Warriner upon...";
SYNOPSIS This Amendment does all of the following:
and WHEREAS, the purpose for the use of the land set forth in the grant was as follows:
(1) Makes clear that a use of or activity on the Warner Grant Trust Lands does not need to meet all 3 of the governing priorities (i.e.
“the Timber and feed of said land, and marshes thereunto Belonging be and forever hereafter Lye in Common for the use of the Inhabitants of the Town of Lewes and County of Sussex, as also free liberty for any and all of the Inhabitants of the said County to fish get and take of their oyster & cockel shells and gather plums, crambereys and Huckleburyes on the said land as they shall think fitt always...";
conservation, nature education, and public education) to be a permitted use or activity.
and WHEREAS, the City of Lewes had been made the Trustee of this trust by an act of the General Assembly in 1857, found at 11 Del.
(2) Makes clear that fishing and birding are permitted recreational activities in the Warner Grant Trust Lands.
Laws, C.
(3) Makes clear that a use or activity in existence on January 1, 2023, including the concession stand, the rental of facilities by organizations, or a public-private partnership that supports the 3 governing priorities, is a permitted use or activity under the Warner Grant Trust.
486, and continued through 57 Del.
(4) Removes a sentence on the Attorney General’s duty to enforce the Warner Grant Trust.
Laws, C.
This sentence is unnecessary given the Court of Chancery’s ruling in In re Certain Lands, 1976 Del.
170.
WHEREAS, in 1972, the Attorney General sought instructions as to the proper uses of the Warner Grant lands;
and WHEREAS, the City of Lewes and numerous individuals have been made parties to extensive litigation as to the Warner Grant lands;
and WHEREAS, there is no agreement among the parties as to the exact boundaries of the Warner Grant lands in 1682;
and WHEREAS, natural monuments have moved and been redirected over the past three hundred years;
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05/10/2023 04:08 PM WHEREAS, it is advantageous to the State and all parties concerned to once and for all time establish the boundaries of the Warner Grant lands and the uses to which they can be put.
put;
and WHEREAS, the contingency in Section 9 of this Act was fulfilled on September 8, 1982, when the Court of Chancery dismissed the Warner Grant litigation, see In the Matter of Certain Lands in the Vicinity of Cape Henlopen Etc v.
Stango, 1982 Del.
LEXIS 148 (Del.
LEXIS *546 (Del.
May 27, 1976) that the Attorney General’s duty is to enforce a charitable trust like the Warner Grant Trust.
1982);
and WHEREAS, in 2022 the Department of Natural Resources and Environmental Control (“DNREC”) proposed uses for the Warner Grant lands that many residents of this State found to be inconsistent with the purposes set forth in the Warner Grant Trust;
and WHEREAS, the 152 General Assembly desires for DNREC and the public to have a clear understanding of the intent behind the Warner Grant Trust and DNREC’s role in preserving the Warner Grant lands for the public benefit;
and WHEREAS, it is advantageous to clarify the permitted uses of land now remaining in the State’s control within the boundaries of the Warner Grant, known as the “Warner Grant Trust Lands”, and to establish that DNREC has a duty to act as Trustee on behalf of the public interest in preserving and protecting the Warner Grant Trust Lands with the Court of Chancery having exclusive original jurisdiction over any disputes regarding such uses;
and WHEREAS, the 152 General Assembly declares that as to the Warner Grant Trust Lands, the first priority and concern of all those holding the Warner Grant Trust Lands in trust must be, now and in perpetuity, the preservation and protection of the natural and historical resources encompassed by the Warner Grant Trust Lands, which are a most precious resource of this State and its citizens.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
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There is hereby created the Warner Grant Trust Lands.
Section 2.
The Warner Grant Trust Lands include property located in two parcels generally described as follows:
PARCEL NO.
1 All that certain tract, piece or parcel of land situate partly within the Corporate limits of the City of Lewes and partly without the Corporate limits of the City of Lewes, and also being situate in Lewes and Rehoboth Hundred, Sussex County and State of Delaware, and being bounded as follows:
On the North by Cape Henlopen Drive (County Road No.
19), the Barcroft Company, the Delaware Bay and the Delaware, Maryland and Virginia Railroad Co., on the East by the Atlantic Ocean, on the South by North Shores, on the Southwest in part by the Lewes and Rehoboth Canal, on the West by the Freeman Highway (County Road No.
23), and being more particularly described as follows:
LC :
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05/10/2023 04:08 PM Beginning at a point at the intersection of County Road No.
23, known as Freeman Highway and County Road No.
19, known as Cape Henlopen Drive, thence along County Road No.
19 in an Easterly direction, 2700 feet more or less to a point, thence in a Southerly direction 1000 feet more or less to a point, thence in an Easterly direction 3500 feet more or less to a point, thence in a Northerly direction 2,648 feet more or less to a point at the low water mark of the Delaware Bay, thence along and with the low water mark of the Delaware Bay in a Northerly direction and continuing Easterly and Southerly around the Point known as Cape Henlopen and continuing along the low water mark of the Atlantic Ocean to a point at the northeast corner of a 15.44 acre tract of land now or formerly of the United States of America, for use by the Department of Navy, thence continuing along the low water mark of the Atlantic Ocean in a Southerly direction 18,750 feet more or less to a point, thence leaving the low water mark of the Atlantic Ocean in a Southwesterly direction 1100 feet more or less to a point, thence in a Northwesterly direction 264 feet more or less to a point, thence in a Southwesterly direction 165 feet more or less to a point, thence in a Northwesterly direction 1171 feet more or less to a point, thence in a Southwesterly direction 616 feet more or less to a point at the low water mark of the Lewes and Rehoboth Canal, thence with same in a Northwesterly direction 2222 feet more or less to a point, thence in a Northwesterly direction 664 feet more or less to a point, thence leaving the Lewes and Rehoboth Canal in a Northwesterly direction 1253 feet more or less to a point, thence along the original Course of the Lewes Creek in a Northwesterly direction 6000 feet more or less to a point at the low water mark of the Lewes and Rehoboth Canal, thence with same in a Northwesterly direction 9500 feet more or less to a point at County Road No.
23, thence with same in a Northwesterly direction 3000 feet more or less to the point of Beginning.
Containing 3200 acres more or less of land (by scale);
EXCLUDING THEREFROM those certain parcels of real property, depicted upon Sussex County Tax Map 3-35-9, Parcels 13 and 13.01 (owned by and assessed to Hazell M.
Smith) and that certain parcel of real property depicted upon Sussex County Tax Map 3-35-9, Parcel 13.02 (owned by and assessed to Gills Neck Realty Co.), the said parcels also being depicted upon a certain plat entitled "Plat of the Lands of Fish Products Co." dated November 20, 1948 and recorded in the Office of Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware in Plot Book 1, Page 63, said lands being depicted thereon on the South side of Old Lewes Creek, and on the North side of the Lewes-Rehoboth Canal.
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05/10/2023 04:08 PM 80 PARCEL NO.
2 All that certain tract, piece or parcel of land situate in the Corporate limits of the City of Lewes, and also being situate in Lewes and Rehoboth Hundred, Sussex County, and State of Delaware, and being bounded on the North by the low water mark of the Delaware Bay, on the East by Roosevelt Inlet, on the South by the low water mark, on the Northerly side of the Broadkill River, on the West by the line of the Corporate limits of the City of Lewes.
Containing 190 acres more or less of land (by scale).
The above parcels are to be surveyed to determine the bearings and distances of the above parcels and permanent markers are to be placed at the corners.
The above description is based on a compilation of various deeds and plots as well as general preliminary surveys.
The deeds and plots are as follows:
1.
Lease to Barcroft Company, of record in the Office for Recording of Deeds of Sussex County at Deed Book 630, Pages 620, et sequi, and a plot found at Deed Book 630, Page 625.
2.
Agreement between the City of Lewes and the State of Delaware, of record in the Office for the Recording of Deeds of Sussex County at Deed Book 774, Page 61.
3.
Agreement between the Commissioners of Lewes and the State of Delaware, of record in the Office for the Recording of Deeds of Sussex County at Deed Book 586, Page 286.
4.
Quitclaim Deed between the United States of America and the State of Delaware, of record in the Office for the Recording of Deeds of Sussex County at Deed Book 581, Page 426.
5.
A plot title "Perimeter Survey, U.
S.
Naval Facility, Fort Miles, prepared by Edward H.
Richardson Associates, Inc.
of record in the Office for the Recording of Deeds of Sussex County at Deed Book 698, Page 612.
6.
A plot of the Cordons Pond area prepared by the Delaware State Highway Department.
(Ruyter survey of 1955) Section 3.
The Warner Grant Trust Lands further shall include any land, parcel or piece of lands now within the boundaries described in Section 2, supra, which is now owned by the Government of the United States of America, its agencies or departments, which lands are hereafter reverted to, escheated to or in any other way conveyed to the State of Delaware.
Section 4.
All other lands not included within the description contained in Section 2 hereof presently owned by the State of Delaware, which it has been claimed, argued, contested, alleged or implied to be within the so-called Warner Grant, are specifically excluded from the Warner Grant Trust Lands as delineated herein and are not subject to the Warner Grant Trust as established herein but shall hereafter and forever be lands of the State of Delaware;
and those said lands lying in the area of the City of Lewes or adjacent thereto shall be administered by the City of Lewes according to the terms LC :
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05/10/2023 04:08 PM of its charter, 57 Del.
Laws, Ch.
170.
Title to lands which has previously been established to be held in fee shall remain undisturbed and held as heretofore.
Section 5.
(1) The Warner Grant Trust Lands shall be forever administered by the Department of Natural Resources and Environmental Control for the benefit of the people of Lewes, Sussex County and State of Delaware.
(2) Said lands The Warner Grant Trust Lands must be administered for the public benefit as areas of public recreation, conservation and/or nature education and may not be used for private benefit to the detriment of such public benefit, subject, however, to use for railroad purposes existing at the time of this Act.
and in accordance with the following 3 governing priorities, which must coexist harmoniously:
a.
Conservation.
The Department of Natural Resources and Environmental Control shall have, as its preeminent goal, the conservation and preservation of the Warner Grant Trust Lands and shall plan, develop, and maintain the Warner Grant Trust Lands to preserve in every reasonable degree the scenic, historic, scientific, prehistoric, and wildlife values of the Warner Grant Trust Lands.
b.
Nature education.
The Department of Natural Resources and Environmental Control shall provide displays, tours, and interpretive programs that focus on the unique flora, fauna, and ecosystems found in the Warner Grant Trust Lands, to increase the public’s knowledge and awareness of the environment and environmental challenges.
c.
Public recreation.
1.
Except as provided under paragraph (2)c.2.
of this Section, the Department of Natural Resources and Environmental Control shall provide for outdoor, nature-based recreational activities, including athletic or other outdoor recreational activities, camping, housing provided in facilities dedicated to educational programs, and services offered by vendors supporting outdoor, nature-based recreational activities.
2.
The Department of Natural Resources and Environmental Control may not develop hospitality amenities such as a restaurant, hotel, hostelry, or entertainment center.
(3) The Department of Natural Resources and Environmental Control shall administer the Warner Grant Trust Lands so that a private benefit or financial gain to a for-profit enterprise or a public-private partnership is not detrimental to the public benefit set forth in this Act.
Section 6.
Any modification of the laws governing the Warner Grant Trust Lands shall require action by the General Assembly of the State of Delaware and approval of the Court of Chancery of the State of Delaware.
Any such modification shall be without prejudice to any parties affected by the same to litigate any issues pertinent to such LC :
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05/10/2023 04:08 PM modification.
Assembly.
The Court of Chancery has original jurisdiction over disputes regarding the Warner Grant Trust Lands.
The Attorney General shall represent Delawareans in enforcement of the Trust in the Court of Chancery for enforcement of Section 5 of this Act.
If the Attorney General declines to pursue an action in the Court of Chancery for enforcement of Section 5 of this Act, any resident of Sussex County, original beneficiaries of the Trust, may bring an action in the Court of Chancery and are to be awarded attorney’s fees if the Court of Chancery finds that the Department of Natural Resources and Environmental Control has violated its duties under Section 5, or if justice so requires.
Section 7.
The Department of Transportation shall commence within three months of the effective date of this action a survey which shall develop a metes and bounds description of the lands generally defined in Section 2, supra, which description shall be recorded by the Attorney General in the Office for the Recording of Deeds in and for Sussex County upon its completion and its approval by the Court of Chancery of the State of Delaware.
The Department of Transportation shall place suitable monuments to memorialize the boundaries of the Warner Grant Trust Lands.
Section 8.
A sum of $15,000 is appropriated to the Department of Transportation from funds not otherwise appropriated for the purpose of conducting this survey.
Any funds not spent by June 30,1981, shall revert to the General Fund of the State of Delaware.
Section 9.
This Act shall take effect ten days after the Court of Chancery of the State of Delaware enters orders dismissing the Warner Grant litigation, being case numbers C.A.
No.
439, 1972, and C.A.
No.
518, 1974, Sussex County.
Section 10.
This Act is intended to completely define, delineate and interpret the Warner Grant recorded in the Office of the Recorder of Deeds of Sussex County and State of Delaware in Deed Record Book A-1, Page 14, et sequi.
Section 2.
Amend Chapter 45, Title 7 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4523.
Warner Grant Trust Lands.
(a) For purposes of this section, “Warner Grant Trust Lands” means as established under Chapter 108 of Volume 62 of the Laws of Delaware, as amended by Chapter 99 of Volume 72 of the Laws of Delaware and [the Chapter and Volume number of the Laws of Delaware for this Act].
(b) The Department of Natural Resources and Environmental Control shall administer the Warner Grant Trust Lands as required under Chapter 108 of Volume 62 of the Laws of Delaware, as amended by Chapter 99 of Volume 72 of the Laws of Delaware and [the Chapter and Volume number of the Laws of Delaware for this Act].
(c) Section 4517(a) of this title does not apply to this section.
SYNOPSIS In 1682 or 1683, the Sussex County Court, created by William Penn, created the land grant that is the subject of this Act (“Warner Grant”).
As this Act describes, the Warner Grant consists of land in and adjacent to the City of Lewes largely consisting of what is now Cape Henlopen State Park.
As the United States District Court for Delaware would later LC :
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05/10/2023 04:08 PM find, the Warner Grant created a “right of common” held in trust for the benefit the people of Lewes and Sussex County.
See United States v.
1,010.8 Acres Situate in Sussex County, 56 F.
Supp.
120 (D.
Del.
1944).
In the early 1970s, nearly 300 years after the Warner Grant was created, a dispute arose over the meaning of the Warner Grant and who had authority to enforce the right of common under the Warner Grant when the City of Lewes leased land in the Warner Grant to a real estate company for the purpose of constructing a housing development.
Lawsuits were filed by members of the public and the Attorney General.
Eventually, the 130th General Assembly settled that dispute by enacting Chapter 108 of Volume 62 of the Laws of Delaware to establish the Warner Grant Trust (“Trust”) and set the boundaries of the lands in the Trust, known as the Warner Grant Trust Lands (“Lands”).
In light of recent proposals for the use of the Lands, the 152nd General Assembly finds that clarification is necessary as to the permitted uses of the Lands and as to how future disputes are to be litigated.
To that end, this Act does all of the following:
(1) Makes clear that the Department of Natural Resources and Environmental Control (“Department”), as trustee of the Warner Grant Trust Lands, must administer the Lands for the public benefit and adhering to 3 governing priorities:
(1) conservation, (2) nature education, and (3) public recreation.
(2) Makes clear that the Department must administer the Lands so that a private benefit or financial gain to a for- profit enterprise or public-private partnership is not detrimental to the public benefit.
(3) Provides that the Court of Chancery has original jurisdiction over disputes regarding the Lands.
(4) Provides that the Attorney General must represent Delawareans in the enforcement of the Trust and, if the Attorney General declines to do so, any resident of Sussex County may sue to enforce the Trust and the Court of Chancery must award attorney’s fees to the plaintiffs who prevail in enforcing the Trust.
(5) Includes a provision in the Delaware Code, § 4523 of Title 7, referencing the Department’s duties under this Act to preserve memory of this Act for future generations.
Section 1 of this Act amends Chapter 108, Volume 62 of the Laws of Delaware, as amended by Chapter 99, Volume 72 of the Laws of Delaware, which contains 10 sections labelled Section 1 through Section 10.
Section 2 of this Act amends the Delaware Code to create a new § 4523 of Title 7.
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How this bill changes current law

4 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The amendment makes technical corrections, including changing references from 'House' to 'Senate' and clarifying the enforcement of the Warner Grant Trust.

  • “House” → “Senate”

    This change updates the language to reflect the correct legislative body.

  • “House” → “Senate”

    This change updates the language to reflect the correct legislative body.

  • lines 21 though 25 in their entirety → “FURTHER AMEND Senate Bill No. 6, as amended, by deleting lines 141 through 145 in their entirety and inserting in lieu thereof the following: “Lands. With prior consultation with the Department of Natural Resources and Environmental Control and the Attorney General, a private right of action is retained for any resident of Sussex County, who are the original beneficiaries of the Trust.”

    This removes certain lines and clarifies the private right of action for residents regarding the Trust.

  • the Attorney General’s duty to enforce the Warner Grant Trust as such reference is unnecessary

    This removes an unnecessary reference, acknowledging past court rulings regarding the enforcement of the Trust.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Passed By House. Votes: 24 YES 1 NOT VOTING 16 ABSENT

  4. Amendment HA 1 to SB 6 - Passed In House by Voice Vote

  5. Amendment HA 2 to HA 1 - Passed In House by Voice Vote

  6. Amendment HA 1 to SB 6 - Introduced and Placed With Bill

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

  8. Assigned to Administration Committee in House

  9. Passed By Senate. Votes: 21 YES

  10. Amendment SA 1 to SB 6 - Passed By Senate. Votes: 21 YES

  11. Amendment SA 1 to SB 6 - Introduced and Placed With Bill

  12. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 5 Favorable

  13. Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

Sponsors

Sponsorship breakdown

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12 sponsors · 0 co-sponsors · 50 not signed on

Sponsors (12)

Co-sponsors (0)

None.

Not signed on (50)

50 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Unaffiliated 2000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 24 Yea · 0 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Democratic 18002
Republican 00013
Total 240017
% of votes cast 59%0%0%41%
How each member voted (41)
Member Party Vote
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Not Voting
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Not Voting
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Not Voting
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Not Voting
Charles S Postles Jr. Republican Not Voting
Daniel B. Short Republican Not Voting
Jeff Hilovsky Republican Not Voting
Jeffrey N. Spiegelman Republican Not Voting
Jesse R. Vanderwende Republican Not Voting
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Not Voting
Michael F. Smith Republican Not Voting
Richard G. Collins Republican Not Voting
Ronald E. Gray Republican Not Voting
Shannon Morris Republican Not Voting
Timothy D. Dukes Republican Not Voting

Official roll call →

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Unaffiliated 2000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

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Subjects

housing environment
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Frequently asked questions

What does SB 6 do?
In 1682 or 1683, the Sussex County Court, created by William Penn, created the land grant that is the subject of this Act (“Warner Grant”). As this Act describes, the Warner Grant consists of land in and adjacent to the City of Lewes largely consisting of what is now Cape Henlopen State Park. As the United States District Court for Delaware would later find, the Warner Grant created a “right of common” held in trust for the benefit the people of Lewes and Sussex County. See United States v. 1,010.8 Acres Situate in Sussex County, 56 F. Supp. 120 (D. Del. 1944). In the early 1970s, nearly 300 years after the Warner Grant was created, a dispute arose over the meaning of the Warner Grant and who had authority to enforce the right of common under the Warner Grant when the City of Lewes leased land in the Warner Grant to a real estate company for the purpose of constructing a housing development. Lawsuits were filed by members of the public and the Attorney General. Eventually, the 130th General Assembly settled that dispute by enacting Chapter 108 of Volume 62 of the Laws of Delaware to establish the Warner Grant Trust (“Trust”) and set the boundaries of the lands in the Trust, known as the Warner Grant Trust Lands (“Lands”). In light of recent proposals for the use of the Lands, the 152nd General Assembly finds that clarification is necessary as to the permitted uses of the Lands and as to how future disputes are to be litigated. To that end, this Act does all of the following: (1) Makes clear that the Department of Natural Resources and Environmental Control (“Department”), as trustee of the Warner Grant Trust Lands, must administer the Lands for the public benefit and adhering to 3 governing priorities: (1) conservation, (2) nature education, and (3) public recreation. (2) Makes clear that the Department must administer the Lands so that a private benefit or financial gain to a for-profit enterprise or public-private partnership is not detrimental to the public benefit. (3) Provides that the Court of Chancery has original jurisdiction over disputes regarding the Lands. (4) Provides that the Attorney General must represent Delawareans in the enforcement of the Trust and, if the Attorney General declines to do so, any resident of Sussex County may sue to enforce the Trust and the Court of Chancery must award attorney’s fees to the plaintiffs who prevail in enforcing the Trust. (5) Includes a provision in the Delaware Code, § 4523 of Title 7, referencing the Department’s duties under this Act to preserve memory of this Act for future generations. Section 1 of this Act amends Chapter 108, Volume 62 of the Laws of Delaware, as amended by Chapter 99, Volume 72 of the Laws of Delaware, which contains 10 sections labelled Section 1 through Section 10. Section 2 of this Act amends the Delaware Code to create a new § 4523 of Title 7.
Who sponsors SB 6?
SB 6 is sponsored by Cyndie Romer (Democratic), David L. Wilson (Republican), Bryan Townsend (Democratic), David P. Sokola (Democratic), Laura V. Sturgeon (Democratic), Kerri Evelyn Harris (Democratic), Russell Huxtable (Democratic), Stell Parker Selby, Peter C. Schwartzkopf, Sean Matthews, Valerie Longhurst, and Paul S. Baumbach.
What is the current status of SB 6?
This bill has been enacted into law. Introduced May 10, 2023. Enacted.
Where can I track SB 6?
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