Individual Property Rights

The Independent Party of Delaware supports strengthening Delaware’s constitutional protections for private property by enshrining the state’s existing safeguards against eminent-domain abuse into the Delaware Constitution.  Private property should not be taken merely for private economic development, to increase tax revenues or the tax base, to create jobs, or to benefit another private party.  Eminent domain should be reserved for genuine and necessary public uses, with affected property owners receiving just compensation and full due process.

We also believe that Delawareans should be free to make reasonable use of their own property without arbitrary, capricious, or unnecessarily burdensome government interference.  Zoning, permitting, and land-use regulations should serve legitimate public purposes, be clear and predictable, and be applied fairly and consistently.  Property owners should have meaningful due process and an effective avenue to challenge government actions that unreasonably restrict the lawful use of their property.

Private property rights are fundamental to individual liberty, economic security, and responsible stewardship.  Government has a legitimate role in protecting public health, safety, infrastructure, the environment, and the rights of neighboring property owners - but those powers should be exercised reasonably, transparently, and with respect for the rights of the individual.

This includes datacenters.  Emerging data shows that datacenters emit a frequency so low it is not audible to the human ear called infrasound (<20Hz), and that prolonged exposure and a distance too close is producing negative human health and mental health effects such as anxiety, irritability, decreased sleep quality, and potentially more serious neurological conditions in children. 

Innocent until proven guilty is for humans - not chemicals, food additives, or potentially harmful emerging datacenter infrasound waves.  In these instances, government should air on the side of caution until these emerging technologies are better studied, and potential side effects/consequences better known.  If datacenters are built, the limited data available thus far points to restrictions maintaining a minimum distance from residential property of ~1300-1500 feet being necessary to protect human health and the rights of nearby property owners.