As state officials draft regulations surrounding how to preserve open space in Delaware, Republicans say they’re concerned about future land grabs from private hands.
“Under current law, land targeted for preservation is potentially subject to special zoning restrictions," said Rep. Rich Collins (R-Millsboro). "A pending revision of the Code will hopefully eliminate this threat to the rights of private landowners.”
He says even if that revision is put into law, private property may be “a tempting target” for the state when they draw future maps outlining specific preservation zones.
Public comment on the draft regulations will be taken through November, with draft maps brought to the public next March and April.
https://www.youtube.com/watch?v=G89WV9YlGak&feature=youtu.be
Full text of the Republican's weekly message:
I’m State Rep. Rich Collins.
Delaware’s small size and population density have made the preservation of open space and sensitive areas a priority for many.
In 1990, our state enacted the Delaware Land Protection Act, but never properly followed the law, sparking a series of legal challenges.
In a lawsuit filed by the Delaware Audubon Society earlier this year, the society contended that despite spending hundreds of millions of dollars to acquire open space, the state has never drafted the legally required standards for selecting such property.
As part of that lawsuit settlement, the state is now drafting those standards. The list of 10 proposed criteria could result in very large areas being designated as State Resource Areas, since it includes such sweeping terms as “land with wetlands” and “land with significant forest resources.”
According to the settlement, these guidelines will be used to create maps identifying the property that needs to be saved because of its historical, cultural, recreational or environmental value. Much of this land is likely to be privately owned.
Under current law, land targeted for preservation is potentially subject to special zoning restrictions. A pending revision of the Code will hopefully eliminate this threat to the rights of private landowners.
However, concerns remain. Even if maps are drafted with the best of intentions, private property deemed worthy of preservation could provide a tempting target for future mischief by regulators or state lawmakers.
The process of drafting preservation standards will extend through this November, with a hearing slated for later this month. More public input will be sought nextra March and April on the proposed preservation maps.
All Delaware landowners should keep a watchful eye on this process. It will impact the state’s acquisition of open space and could also have implications for private land ownership.
