Stephanie Hansen
- Democratic
- Senator
- District 10
Primary
This Act will expand New Castle County’s limited authority to lease park land or land held in public trust to include leases for erecting, maintaining and operating wireless communications facilities. State law currently limits public land leases to those for recreational purposes and related activities. At common law, the State legislature must approve transfers or changes in the use of park land; however, this function may be delegated to municipalities through legislative action. This Act is intended to abrogate the restrictions on permitted uses for public parks, held in a public trust as provided in the common law, including the restrictions set forth in Anderson v. Mayor and Council of Wilmington, 137 A.2d 521 (Del. Ch. 1958) and Lord v. City of Wilmington, 332 A.2d 414 (Del. Ch. 1975), aff'd, 378 A.3d 635 (Del. 1977), and to amend state law to permit specifically a wireless communications lease on such land as minimally intrusive and with the approval of County Council.
Signed by Governor
Passed By House. Votes: 41 YES
Reported Out of Committee (Transportation/Land Use and Infrastructure) in House with 6 On Its Merits
Assigned to Transportation/Land Use and Infrastructure Committee in House
Passed By Senate. Votes: 20 YES 1 ABSENT
Amendment SA 1 to SB 140 - Passed By Senate. Votes: 20 YES 1 ABSENT
Reported Out of Committee (Transportation) in Senate with 5 On Its Merits
Introduced and Assigned to Transportation Committee in Senate
| Bill Text Versions | Format |
|---|---|
| SA 1 to SB 140 | PDF HTML |
| Bill Text | HTML PDF |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the Delaware General Assembly.
If you notice any inconsistencies with these official sources, feel free to file an issue.