Milford, Del. — A legal fight over a piece of private land in Milford has sparked a legislative push to limit how cities in Delaware use eminent domain, especially when the land in question isn’t tied to essential infrastructure. Last year, Milford officials attempted to seize an 8-acre property through eminent domain to make way for bike paths and a park, offering $20,000 in compensation — a figure the landowner strongly opposed. The property owner stood her ground, drawing support from the community until City Council ultimately withdrew the proposal in February.
That controversy has now led to two new legislative efforts designed to prevent similar situations from happening again. House Bill 146, introduced by Milford Representative Bryan Shupe on May 8, would update the city’s charter to prohibit the use of eminent domain for recreational projects. It would still allow exceptions for public needs, like utility access.
Meanwhile, Senate Bill 114, introduced by Senator David Wilson on May 1, takes a broader approach — applying the same limitations statewide. It also requires municipalities to issue public hearing notices at least 10 days before considering any such action. Both bills have been assigned to their respective committees and could reshape how eminent domain is used moving forward. Wilson is co-sponsoring Shupe’s bill, signaling a unified effort to protect property owners across Delaware.
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