MILFORD, Del.- A bill introduced by Rep. Bryan Shupe (R-Milford) that would prevent the City of Milford from using eminent domain for recreational use was released from the House Administration Committee Wednesday.
House Bill 146 now moves to the House floor for a vote.
The legislation is a direct response to a high-profile local dispute last year, involving Annette Billings, a Milford resident who nearly lost her property on South Rehoboth Boulevard in February 2024.
The city attempted to take the land to build a park and bike path, sparking widespread backlash and even protests, including a dramatic billboard styled like a spaghetti western.
“It was wrong, and nobody should have to go through that,” Billings said Friday, recalling the experience as a nightmare.
Ultimately, Milford City Council reversed its decision following the public outcry.
Now, State Rep. Bryan Shupe (R-Milford) is leading an effort to prevent similar cases in the future. His bill would ban municipalities from using eminent domain for recreational purposes.
“The new city council and many residents were calling for a formal process to make sure this wouldn’t happen again,” Shupe said. “This proposal does just that.”
Billings says she supports the limits laid out in the bill, noting that eminent domain might be justified in some cases.
“It may be fair for some things like highways, hospitals, [and] schools,” she said.
Rep. Shupe, a former Milford mayor, says he personally believes eminent domain should be banned altogether. But the bill represents a compromise between state and local leaders.
“The council said there may be instances, for example, with utilities like electric lines or sewer or water, where eminent domain is necessary to serve residents,” he explained.
House Bill 146 is currently awaiting consideration in the House Administration Committee. A similar statewide bill introduced by Sen. David Wilson (R-Lincoln) has not yet made it to committee.
Shupe says he hopes the Milford bill will pass and possibly inspire similar reforms in other towns.
Meanwhile, the city is still moving forward with recreation plans tied to the original dispute.
The 19-acre property on South Rehoboth Boulevard could soon become Deep Branch Park, featuring a half-mile walking and bike path, a multi-age playground, courts for basketball and pickleball, a picnic pavilion, public restroom and more than seven acres of open space.
Milford purchased the land in 2021, but plans for the park were delayed in part by the eminent domain legal battle. While Billings' property is no longer included in the design, some of the land was sold to the city by her brother.
Shupe says he expects opinions will remain divided, and that community involvement will be key going forward.
In addition to the eminent domain restrictions in HB 146, the legislation also includes updates to Milford’s city charter. If passed, mayor and city council terms would be extended from two years to three. The bill would also allow the mayor to form committees with council approval.
Another provision would bar residents from running for office, or remaining in office, if they fall behind on city taxes or fees by more than two months.
Shupe says such charter changes are typically reviewed and approved by the General Assembly every few years.