DelawareSS 1 for SB 220153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND THE CHARTER OF THE VILLAGE OF ARDEN.

Sponsored By: Ray Seigfried (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 0 costs, 5 mixed.

Arden controls local property taking powers

The Town Assembly has exclusive authority to acquire property rights within Arden through eminent domain or to end their use. Eminent domain is the government’s power to take property. A Delaware state agency, commission, or department can exercise this power only for a lawful purpose with Assembly consent. The Assembly does not have to consent, and the charter orders no specific taking.

Arden residents approve ground-rent spending budgets

A five-resident Budget Committee prepares an annual budget for Village funds not specifically governed by federal, state, or county law. It also covers ground-rent money whose use requires resident approval. The committee reports the budget at a regular Town Assembly meeting each year. The Assembly can amend it, but must approve it and send it to a resident referendum. If voters reject it, the prior year’s budget stays in place until a new budget is approved.

Arden can contract and share services

The Town Assembly can contract for services, supplies, or work serving a Village purpose. The Chair must sign formal contracts, and a second Village official must witness the signature. Arden can also carry out services and share financing with state, county, and federal governments or agencies. The charter requires no specific project and sets no funding amount or new household fee.

Arden leaseholders get assessment appeal rights

A Board of Assessors sets the leasehold assessment rate, which affects ground-rent payments. It has seven resident members and one non-voting alternate, serving one-year terms. Assessments use either leased land’s full rental value or the Village’s community standard of living. The Board reports its rate in June, considers differences among leaseholds, and holds at least two open hearings. Residents, Trustees, and leaseholders can attend, and leaseholders have a right to be heard. A leaseholder can propose another rate at the regular September meeting. At least two-thirds of residents voting there must support sending both rates to a referendum. The rate winning a majority of valid referendum votes stays in place until redetermined; otherwise, the Board’s rate stands.

Arden boundaries include two added areas

Arden’s boundaries include the 5.026-acre Sherwood Forest Addition and the 1.6-acre Mill Race Addition. People and property there fall under Village authority, and qualifying residents can participate in Village government. The charter states the Village’s extent as 159.00 acres and exempts the additions from Delaware Code Title 29, Section 101. The Assembly can record a survey and map as the official boundary record.

Arden residents govern through direct votes

Arden’s new charter makes the Town Assembly of residents its governing body, with one vote per resident. Voting requires age 18 and six straight months living in Arden immediately before the meeting or referendum. Ordinary business passes by a majority of residents present, with at least 35 residents needed to conduct business. Regular meetings occur at least in January, March, June, and September; residents elect a Chair and Secretary annually. A registration committee has five elected residents and three non-voting officials: the Senior Trustee, Assembly Secretary, and Trustee Clerk. It records residency dates, supervises elections and referenda, and certifies results; its records establish voting rights. The Assembly must make Village rules publicly available, and the Secretary must keep new and changed rules on record.

Arden sets rules with capped penalties

Arden can exercise municipal powers allowed by Delaware law and adopt local rules, fines, and penalties within legal limits. The Town Assembly can appoint law enforcement officials, but the charter requires no staffing level or new enforcement program. The Justice of the Peace Court hears charter and ordinance offenses committed within Arden. Cases are heard in New Castle County at a time and place set by the court. Bail, fines, and imprisonment follow state law limits, and convictions can be appealed under state law. Existing local rules and lawful official acts remain effective unless changed under the new charter.

Sponsors & Cosponsors

Sponsor

Ray Seigfried
Democratic • Senate

Cosponsors

Larry Lambert
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 59 • No: 0

House vote • 4/21/2026

Passed (2/3 required)

Yes: 38 • No: 0

Senate vote • 1/29/2026