Cannon v. State

We agree with the holding by the majority that DelDOT has the statutory authority to condemn land for wetlands mitigation if that action is reasonably necessary for *564the purpose of maintaining State highways. The record reflects that DelDOT’s condemnation of the Cannons’ additional property for wetlands mitigation was unnecessary and unreasonable. Accordingly, we respectfully dissent.

Eminent Domain

The power of eminent domain is an inherent aspect of sovereign authority. It is the “power to compel a transfer of property from a private owner to the government for a public purpose.”5 The power of…