Delaware 153rd General Assembly Status: Introduced 1 R cosponsors

SB 114 — Eminent Domain/Real Property/Municipalities

Last action — Elections & Government Affairs

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

This bill has been introduced in the Senate. Introduced May 01, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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Prognosis

Not enough signal yet

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This Act requires a municipality to comply with all limitations and requirements contained in Chapter 95 of Title 29 and § 120 of Title 22 whenever the municipality uses eminent domain to acquire real property. This Act prohibits a municipality from using eminent domain to acquire real property for recreational use. Additionally, a municipality shall hold a public hearing before using eminent domain to acquire real property. A municipality shall give notice of the public hearing at least 10 days prior to the date of the public hearing by doing all of the following: Publishing an advertisement in a newspaper of general circulation in the municipality or in the county in which the municipality is located. If the owner can be identified, by mailing written notice by certified mail to the owner of the real property the municipality plans to acquire by eminent domain. The required notice must include all of the following information: A description of the real property to be acquired. The public use for which the real property is to be acquired. The time and place for the public hearing. At the public hearing, all of the following must be explained: The public use for the real property is to be acquired. The reason for choosing the real property for the public use. The right of each owner of the real property to receive just compensation under Chapter 95 of Title 29. The right of each owner of the real property to negotiate, including the right to accept or reject the offer of damages required under Chapter 95 of Title 29. Public comment must be allowed at the public hearing and any objection raised at the public hearing must be considered. This Act also updates the condemnation procedure in Chapter 61 of Title 10 to require a municipality bringing a condemnation action to show compliance with the public hearing requirement in § 120 of Title 22 in its complaint. This Act applies to condemnation proceedings filed after the Act’s enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 114 on the official Delaware source →

Action History

  1. Elections & Government Affairs

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.

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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

Subjects

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Frequently asked questions

What does SB 114 do?
This Act requires a municipality to comply with all limitations and requirements contained in Chapter 95 of Title 29 and § 120 of Title 22 whenever the municipality uses eminent domain to acquire real property. This Act prohibits a municipality from using eminent domain to acquire real property for recreational use. Additionally, a municipality shall hold a public hearing before using eminent domain to acquire real property. A municipality shall give notice of the public hearing at least 10 days prior to the date of the public hearing by doing all of the following: Publishing an advertisement in a newspaper of general circulation in the municipality or in the county in which the municipality is located. If the owner can be identified, by mailing written notice by certified mail to the owner of the real property the municipality plans to acquire by eminent domain. The required notice must include all of the following information: A description of the real property to be acquired. The public use for which the real property is to be acquired. The time and place for the public hearing. At the public hearing, all of the following must be explained: The public use for the real property is to be acquired. The reason for choosing the real property for the public use. The right of each owner of the real property to receive just compensation under Chapter 95 of Title 29. The right of each owner of the real property to negotiate, including the right to accept or reject the offer of damages required under Chapter 95 of Title 29. Public comment must be allowed at the public hearing and any objection raised at the public hearing must be considered. This Act also updates the condemnation procedure in Chapter 61 of Title 10 to require a municipality bringing a condemnation action to show compliance with the public hearing requirement in § 120 of Title 22 in its complaint. This Act applies to condemnation proceedings filed after the Act’s enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or, as in this Act, indirectly, by a general law.
Who sponsors SB 114?
SB 114 is sponsored by David L. Wilson (Republican).
What is the current status of SB 114?
This bill has been introduced in the Senate. Introduced May 01, 2025. It must pass committee before a floor vote.
Where can I track SB 114?
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