Milford Eminent Domain Dispute Prompts New Legislation from Rep. Shupe

MILFORD, Del. A high-profile property dispute in Milford has sparked new legislation aimed at protecting Delaware landowners from having their property seized for recreational development. On May 8, State Representative Bryan Shupe (R-Milford) introduced House Bill 146, a measure that would prohibit the use of eminent domain in Milford when the land is intended solely for recreational purposes such as parks or bike paths.

The bill stems in part from a controversial case involving Annette Billings, a Milford property owner who was notified in September 2024 that the city intended to condemn and acquire her 8-acre tract of land. The land was part of the city’s broader comprehensive plan to expand bike lanes and develop a public park. Milford City Council offered $20,000 for the land—a sum Billings said was well below market value.

Milford officials defended the proposed action, arguing that the expansion of recreation space was part of a long-term plan adopted in 2021 to meet residents’ needs. However, the move faced swift backlash from community members, who rallied behind Billings and raised concerns about the city’s use of eminent domain for non-essential public projects.

In February 2025, after months of public pressure and mounting scrutiny, Milford City Council voted to abandon the effort to acquire Billings’ property.

Rep. Shupe said the incident highlighted a loophole in how eminent domain can be applied and inspired him to act.

“Recreational space is valuable, but it shouldn’t come at the expense of someone’s property rights,” Shupe said. “This legislation ensures that the power of eminent domain is used only when absolutely necessary—not for bike paths or parks that, while nice, are not essential.”

House Bill 146 clarifies that municipalities like Milford may still use eminent domain for critical infrastructure, but not when the only proposed use is for recreation. The bill has been assigned to a House committee and will undergo public hearings before moving forward.

Shupe, a former Milford mayor, said the intent is not to undermine efforts to improve public spaces but to restore balance between community development and private property rights. He also noted that while the bill is specific to Milford, similar proposals may be introduced statewide if interest from other lawmakers continues to grow.

“The goal is to protect Delawareans from overreach,” Shupe said. “People deserve to feel secure that their property won’t be taken away for something that isn’t vital to the public good.”

Billings, whose case brought statewide attention to the issue, has not commented publicly on the bill but has previously expressed gratitude for the support she received during the dispute.

Photo: Annette Billing celebrates following a Milford City Council decision to drop the plans for taking her land in February of 2024.