Recent events in the city of Wilmington, like the mass eviction event that took place on Adams Street, continue to show us that we need solutions to our housing challenges. We need options for affordable and emergency housing, for holding negligent landlords accountable, and for rehabilitating properties that need repairs. Here’s what we don’t need: HB 458. It is a redundant bill that would make it easier for the city of Wilmington to use eminent domain to take ownership of properties that meet broad definitions of “vacant” and “abandoned” and turn them over to private developers. If HB 458 passes, it could mean unequal protections for property owners in Wilmington compared to the rest of the state.

Put simply, HB 458 creates a separate set of rules that only apply to the use of eminent domain in the city of Wilmington. The city already has the power to acquire blighted or abandoned properties under the state of Delaware’s existing laws. Why, then, should Wilmington have a different eminent domain law than the rest of the state?

It seems to be for one reason: HB 458 makes it easier for the city of Wilmington to acquire property without the procedures required under the state law. For example, under current state law, any jurisdiction planning to use eminent domain to acquire properties must identify them in a certified planning document, at a public hearing held specifically to address the acquisition, or in a published report of the acquiring agency at least 6 months in advance of starting condemnation proceedings. While the language in HB 458 is unclear — perhaps a result of its rushed development — these protections and procedures do not appear to be similarly required in Wilmington under HB 458. This means that the city would be able to use eminent domain to acquire properties without the procedures, documentation, and timeline currently required by state law for all other jurisdictions in the state.

To continue reading the rest of the article, please click on the source link below: https://www.delawareonline.com/story/opinion/2022/06/24/wilmington-eminent-domain-does-not-protect-delawares-most-vulnerable/7717782001/