Governor Signs Cape Henlopen Conservation Bill

Delaware Dem

Jan 1

The General Assembly returns on Tuesday, January 9. Since June 30, we have a number of bills that were passed in the final days of last year's session that have been subsequently signed by Governor Carney into law. Over the next 8 days, we will be profiling 28 of these bills. The first bill today (but not the last) is the Conserving Cape Henlopen Bill, or Senate Bill 6, that was sponsored by Senator Russ Huxtable.

Earlier this year, the Senate passed the bill 21-0. On June 29, the House amended and passed the bill 24-0-16-1, sending it back to Senate. You will notice those 16 absent votes, that was during the Republican coup to get the Democratic majority to pass a bill that woud allow corporations to vote. I know I am digressing, but I will be reminding everyone all year long how many Democrats caved on that issue. Anyway, the Senate passed the amended bill again, 21-0. And Governor Carney signed the bill on September 21.

Senate Bill 6 would protect and preserve Cape Henlopen State Park from private or commercial development.

Cape Henlopen State Park sits on more than 3,000 acres of coastal land that was first apportioned by William Penn in a 1682 land grant to local businessman Edmund Warner. The courts originally granted this land (the "Warner Grant") upon the condition that it would always serve the public interest. For more than 300 years, these lands have been maintained as a beloved public park serving three foundational purposes: conservation, nature education, and public recreation.

Because language in the original Warner Grant did not explicitly address parameters for private uses on these public lands, several lawsuits arose and required the General Assembly to intervene in 1979. Lawmakers established the Warner Grant Trust and set the boundaries of the lands in the Trust, known as the Warner Grant Trust Lands.

SENATE BILL 6 - CONSERVATION AT CAPE HENLOPEN	Currrent Status - Senate Passed 21-0. House Amended and Passed 24-0-16-1. Senate Passed Again 21-0.
House Sponsors - Schwartzkopf, Parker Selby, Harris, Baumbach, Heffernan, Phillips // Hilovsky, Gray	Senate Sponsors - Huxtable, Hansen, Sokola, Townsend // Pettyjohn, Hocker, Lawson
House Yes Votes - Baumbach Bolden Bush Carson Chukwuocha Cooke Dorsey-Walker Griffith Harris Heffernan Lambert Longhurst Lynn Matthews Minor-Brown Moore Morrison Neal Osienski Parker-Selby Phillips Romer Schwartzkopf Williams Wilson-Anton	Senate Yes Votes - Brown Gay Hansen Hoffner Huxtable Lockman Mantzavinos McBride Paradee Pinkney Poore Sokola Sturgeon Townsend Walsh // Buckson Hocker Lawson Pettyjohn Richardon Wilson
House No Votes -	Senate No Votes -
House Absents or Not Voting - Briggs King Collins Dukes Gray Hensley Hilovsky Morris Postles Ramone Short Shupe Smith Spiegelman Vanderwende Yearick Johnson	Senate Absent or Not Voting -

Senate Bill 6 would require the Department of Natural Resources and Environmental Control, as a trustee of the Warner Grant Trust Lands, to administer the land in the public interest. This legislation specifies "conservation and preservation" of the Warner Grant Trust as its preeminent goal, and directs DNREC to preserve "the scenic, historic, scientific, prehistoric, and wildlife values" of the Warner Grant Trust Lands.

SB 6 makes clear that DNREC must administer these lands so that a private benefit or financial gain to a for-profit enterprise or public-private partnership is not detrimental to the public benefit. SB 6 also asserts that the Court of Chancery has jurisdiction over disputes about the Lands and directs the Attorney General to represent the Trust on behalf of the People of Delaware in any legal proceedings.