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Volume I, Issue 15
June 27, 2008
JOIN REALTORS® AT LEGISLATIVE HALL ON LAST DAY OF SESSION:
We're looking for REALTORS® to be at Legislative Hall this Monday, June 30th from 4:00 p.m. until the 144th General Assembly adjourns. With the revenue package up in the air, anything can happen. We will be watching closely to ensure that an increase in the real estate transfer tax does not appear on a list of potential candidates.

General Assembly Races to Complete Legislation:
There are a significant number of bills that we have watched this session that could be brought up at any time. REALTORS® remain concerned about efforts to ban covenants and deed restrictions from prohibiting the use of solar and wind energy systems. While we support alternative energy sources, we are opposed to governmental efforts to override private deed restrictions.

Pollution Control Strategy:
There are several resolutions being considered in the General Assembly to force DNREC to take a more detailed look at some of the issues regarding the PCS that have been brought up from the community. HCR 71, which requires DNREC to study their statutory authority with regard to buffers and modify any proposed regulations so as not to conflict with state laws regarding zoning, passed the House. There are two other resolutions being circulated. HJR 24 requires DNREC to answer all questions brought up at the most recent public hearing before being able to proceed with the regulations. The other pertains to the septic provisions and has yet to be introduced.

DAR's Eminent Domain Legislation Released From Committee:
The House Transportation, Land Use and Infrastructure Committee released HB 484. Representative Hocker asked for its consideration to start discussion on the legislation. He expects the discussion to continue over the summer and fall for early consideration in the 145th General Assembly.

SB 326, Exempting DelDOT from New Eminent Domain Legislation:
SB 236 which exempts DelDOT from provisions of SB 245, Senator Venables' Eminent Domain legislation currently sitting at the Governor's desk, passed both bodies and is ready for Governor's action.

HJR 22 Reassessment:
This Joint Resolution directs the Director of the Office of Management and Budget, the Secretary of Finance, the Secretary of Education and the Controller General to provide the Governor and the General Assembly with recommendations for a fair and equitable reassessment of all real property for the purpose of ad valorem taxation by county governments and school districts. HJR 22 passed both the House and Senate this week.

Mortgage and Foreclosure Activity:
There has been a lot of activity this week in the mortgage and foreclosure arena. HB 475, ensuring that mortgage brokers and lenders ensure that all persons taking out a reverse mortgage receive counseling about their loan, passed the Senate and was sent to the Governor. SB 332, requiring mortgage lenders to provide a homeowner with written notice within 5 days after the mortgage loan becomes 60 days delinquent, was Laid on the Table in the Senate.

There will be a hearing on Monday of the House Economic Development, Banking and Insurance Committee to consider HB 507 raising the annual license fee for a mortgage loan broker from $250 to $500, HB 508 providing for licensing of mortgage loan originators by the State Bank Commissioner and HB 162 and HB 210 which address predatory lending.

Natural Areas:
HB 268 which ensures that natural areas are subject to local zoning regulation unless and until formally acquired and HB 269, establishing that land use requirements only apply to lands that have been permanently protected are on the House Ready List.

Preventing Insurance Companies from Cancelling Homeowner Policies:
SB 191, legislation which prevents homeowner insurance companies from terminating homeowners' policies in response to reasonable claims or raising rates in response to questions, passed the Senate.

HB 452, Tax Ditch-Right-of-Way:
Legislation establishing a three-tiered right-of-way system for construction and major maintenance right-of-ways and providing for a grandfathering of existing permanent structures in the right-of-way was reported out of the Senate Agriculture Committee and is on the Senate Ready List.

HB 451, Tax Increment Financing Districts for Sussex County:
HB 451 which enables Sussex County to utilize tax increment districts and financing and the establishment of special development districts and financing, passed the House.

Delaware Association of REALTORS®
Kent County    —    New Castle County    —    Sussex County
134 East Water Street, Dover, Delaware 19901, USA
Phone (302) 734-4444  ~  Fax (302) 734-1341  ~  Email info@delawarerealtor.com
www.delawarerealtor.com
© Copyright 2008 Delaware Association of REALTORS®

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134 East Water Street   |   Dover, DE 19901   |   Ph: 302.734.4444   |   F: 302.734.1341
©Copyright 2008 by Delaware Association of REALTORS®. All Rights Reserved.