SENATE BILL NO. 130
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 29, DELAWARE CODE RELATING TO RULES AND REGULATIONS ESTABLISHED BY STATE AGENCIES BY ESTABLISHING APPROPRIATE PROCEDURES FOR ASSESSING WHETHER OR NOT RULES AND REGULATIONS MAY RESULT IN TAKING OF PRIVATE PROPERTY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 6, Title 29, Delaware code by adding thereto a new section to read as follows:
1605. Promulgation of Rules and Regulations by State Agencies - Review by Attorney General To Determine Affect on Private Property Right
No rule or regulation promulgated by any state agency shall become effective until the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing as to the potential of the rule or regulation to result in a taking of private property.
Judicial review of actions taken pursuant to this section shall be limited to whether the Attorney General has reviewed the rule or regulation and has informed the issuing agency in writing.
The term "taking of private property" as used under this section shall mean an activity wherein private property is taken such that compensation to the owner of that property is required by the Fifth and Fourteenth Amendments to the Constitution of the United States or any other similar or applicable law of this State.
Nothing in this section shall affect any otherwise available judicial review of agency action."
Section 2. This Act shall apply to all Rules and Regulations promulgated after the effective date of the Act, excluding those Rules and Regulations which do not purport to restrict the uses to which property could be put.
Approved January 24, 1992.