At a recent meeting, Milford City Council learned that local legislators were questioning proposed charter changes related to eminent domain. In order for any changes to take place in the charter, they must be sponsored by legislators, one in the House and one in the Senate, according to Solicitor David Rutt.
“My understanding, from my discussions with elected leaders is that the way it is written in the charter change, it now specifies land outside the city,” Mayor Todd Culotta said. “They would like to say language where its says inside the city as well. The secondary change is that we put in language about council with taxes in arrears as well as a two-month limit before we sanctioned a member, they would like to see six months.”
Rutt stated that although the legislators did want some changes to the tax arrears statute, it was the eminent domain language they were mostly concerned with. Culotta asked if the charter committee needed to get back together to change the language. Rutt stated that he felt if legislators had an issue with the language, they should come talk to council directly.
“They were not invited tonight, so we should probably put this on an agenda and invite whoever from the state legislature who would like to attend,” Culotta said. “If they have an issue, they can speak to us right here.”
Last year, council discussed the change, all in agreement that eminent domain did have a place in city government.
“Anything related to recreation or a want, I believe should be done at arm’s length and negotiation with the property owner and let the market forces take place between those entities, the city and the individual,” Councilman Jason James said at the time. “I don’t believe that should be a taking because it is a want and not a need. Roads, water and electric are needs, Parks are a want. I want parks, but there should be a negotiation between buyer and seller, not through eminent domain.”
Councilwoman Nadia Zychal felt there was wisdom in allowing the General Assembly to craft legislation, although the legislation should pertain to all municipalities and not just Milford. At that same meeting, Senator Dave Wilson proposed legislation, specifically designed to prevent Milford from using eminent domain outside city limits, informing council that he hoped they would take steps to change the regulations.
The new charter language would prohibit the city of Milford from using eminent domain for recreational purposes outside the city limits, but would allow them to do so within city limits. Legislators want the language to forbid using eminent domain for recreational purposes inside city limits as well, something other municipalities are not forbidden from doing.
Delaware law permits the use of eminent domain for public use, including roads, schools and parks, but requires that the landowner be paid just compensation. Delaware law forbids eminent domain from being used for economic development. Therefore, requiring Milford to add language to their charter restricting the use of eminent domain for parks within their boundaries would mean Milford would be forced to add language that is not consistent with Delaware law.
Council will invite state legislators to a future meeting to hear their concerns.
