Delaware 152nd General Assembly (2023-2024) Status: Enacted

HB 397 — AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF DEPARTMENT OF TRANSPORTATION OWNERSHIP OF ABANDONED LAND ENCUMBERED BY THE DEPARTMENT’S RIGHT-OF-WAY EASEMENTS.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced May 15, 2024. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The purpose of this Act is to reduce the cost to the State in addressing ownership of land encumbered by public right-of-way permanent easements when the land has been abandoned by a prior owner and a current owner cannot be located. This Act will allow the Department, in the name of the State, to obtain fee simple ownership of land encumbered by right-of-ways, previously conveyed to the Department by permanent easement, when such right-of-ways are part of a current Department project. This Act requires the Department to promulgate regulations to establish the procedures for establishing that the land has been abandoned and for recording its fee simple ownership of the land.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 1 Favorable, 5 On Its Merits

  4. Assigned to Environment, Energy & Transportation Committee in Senate

  5. Passed By House. Votes: 39 YES 2 ABSENT

  6. Reported Out of Committee (Transportation) in House with 6 On Its Merits

  7. Introduced and Assigned to Transportation Committee in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 61 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (61)

61 members have not signed on to this bill.

Show all 61 →

"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

2/3

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 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 20000
Republican 12002
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
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 Yea
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 Yea
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 Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Not Voting
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Not Voting
Valerie Jones Giltner Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 397 do?
The purpose of this Act is to reduce the cost to the State in addressing ownership of land encumbered by public right-of-way permanent easements when the land has been abandoned by a prior owner and a current owner cannot be located. This Act will allow the Department, in the name of the State, to obtain fee simple ownership of land encumbered by right-of-ways, previously conveyed to the Department by permanent easement, when such right-of-ways are part of a current Department project. This Act requires the Department to promulgate regulations to establish the procedures for establishing that the land has been abandoned and for recording its fee simple ownership of the land.
Who sponsors HB 397?
HB 397 is sponsored by Sean Matthews.
What is the current status of HB 397?
This bill has been enacted into law. Introduced May 15, 2024. Enacted.
Where can I track HB 397?
Track HB 397 free on One Click Politics — get push/email alerts when it moves.

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