City of Wilmington Ex Rel. Water Department v. Lord

OPINION

O’HARA, Judge.

This is a condemnation action brought by the City of Wilmington in an effort to acquire a site on the Greenhill Golf Course for the construction of a 500,000 gallon elevated water tank. The question before the Court is whether the City of Wilmington acting through its water department may, as a home rule city, condemn certain rights in parkland now held in trust. This Court has previously ruled that a municipality may not exercise the power of eminent domain over property already devoted to a public use unless the legislature has authorized the acquisition either…