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Milford council amends charter-change language to extend eminent-domain restriction to inside city limits for recreational use
Summary
Council voted 8-0 to amend the charter-change language before sending it to state legislators so that a restriction on eminent domain for recreational purposes would apply both inside and outside Milford city limits.
The Milford City Council voted unanimously on April 28 to amend the wording of a proposed city charter change so that a restriction on eminent domain for recreational purposes would apply inside as well as outside city limits.
City staff told the council that Representative Shoup and Representative Postals signaled they would champion the proposal if that single change were made. “He did tell me that he had spoke with Representative Postals and that Representative Postals would also, champion that, with making that change,” a staff member reported on the record.
Council discussion focused on two themes: whether the city should adopt a self-restricting approach or leave the matter to statewide legislation, and whether singling out Milford could create an uneven playing field. One councilmember said, “I would propose that we eliminate all of the adjustments to that particular part of the charter, and leave it stand as it was previously written,” voicing concern about binding future councils; another councilmember argued that regulating the power locally was preferable to risking changes applied unevenly by the state.
A summary of positions on the record: state legislators asked for the restriction to apply both inside and outside city limits; some council members preferred to keep regulatory control local; others supported the compromise of applying the restriction citywide for recreational takings to secure legislative support. The motion to remove the phrase “outside of city limits” and transmit the amended charter change to the legislature passed 8-0 by roll call.
What happens next: the amended charter language will be transmitted to the city’s state representatives for consideration by the Delaware General Assembly; any final change to the charter requires action at the state level.
Why it matters: the language determines whether eminent domain for recreational purposes would be legally constrained only outside Milford or citywide; the council chose citywide restriction as the path to secure legislative sponsorship.
