Richards Layton & Finger

New Limitations on Eminent Domain

May 2, 2018

On April 17, 2018, Delaware Governor John Carney signed into law House Bill No. 144 (as amended). This new legislation has three effects. First, it expressly limits the Delaware Department of Transportation’s acquisition of property to specified transportation-related needs. Second, greater limitations are imposed on acquisitions in advance of approved, final right-of-way plans. Finally, the new legislation requires residents’ approval before the Department of Transportation can acquire property for use as pathways through dedicated open space in a residential subdivision. The Act was effective upon signing.

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