CHAPTER 79

CONSTITUTIONAL AMENDMENT - ZONING

AN ACT AGREEING TO THE PROPOSED AMENDMENT TO SECTION 25 OF ARTICLE II OF THE CONSTITUTION OF TILE STATE OF DELAWARE RELATING TO ZONING.

WHEREAS, an Amendment to the Constitution of the State of Delaware was proposed to the Senate in the One Hundred and Fifteenth Session of the General Assembly as follows:

"An Act Proposing An Amendment To Section 25 Of Article Ii Of The Constitution Of The State Of Delaware Relating To Zoning.

"Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all Members elected to each House thereof agreeing thereto):

"Section 1. That Section 25 of Article II of the Constitution of the State of Delaware, be and the same is hereby amended by striking out said section and inserting in lieu thereof a new section to be known as Section 25, as follows:

"Section 25. The General Assembly may enact laws under which municipalities and the County of New Castle may adopt zoning ordinances,' laws or rules limiting and restricting to specified districts and regulating therein buildings and structures according to their construction and the nature and extent of their use, as well as the use to be made of land in such districts for other than agricultural purposes; and the exercise of such authority shall be deemed to be within the police power of the State."

AND WHEREAS, the said proposed amendment was agreed to by two-thirds of all the members elected to each House in the said One Hundred and Fifteenth Session of the General Assembly; and

WHEREAS, the said proposed amendment was published by the Secretary of State three months before the then next general election, to wit: the general election of 1950, in three newspapers in each County in the State of Delaware; NOW, THEREFORE,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members elected to each House of the General Assembly agreeing thereto):

Section 1. That the said proposed Amendment be and it is hereby agreed to and adopted and that the same shall forthwith become and be a part of the Constitution.

Approved May 11, 1951.