§ 42-64.12-7. Restricted use of eminent domain powers.
(a) No entity subject to the provisions of the chapter shall exercise eminent powers to
acquire any property for economic development purposes unless it has explicit authority
to do so and unless it conforms to the provisions of this section.
(b) Plan. The entity shall have a plan for the proposed development, which shall be approved
by the governing body of the entity prior to the initiation of any eminent domain
proceeding, which plan shall set forth the purposes of the development, the intended
benefits to the community, the necessary infrastructure
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§ 42-64.12-7. Restricted use of eminent domain powers.
(a) No entity subject to the provisions of the chapter shall exercise eminent powers to
acquire any property for economic development purposes unless it has explicit authority
to do so and unless it conforms to the provisions of this section.
(b) Plan. The entity shall have a plan for the proposed development, which shall be approved
by the governing body of the entity prior to the initiation of any eminent domain
proceeding, which plan shall set forth the purposes of the development, the intended
benefits to the community, the necessary infrastructure improvements, the presence
and correction of any substandard conditions and/or environmental hazards, and the
parcels which will be acquired in order to effectuate the plan. In addition, the plan
shall include provisions and/or analyses which can support a rational-basis determination
that potential takings by eminent domain inure a preponderance of benefits, to the
public with only incidental, benefits to a private party or parties. The plan shall
only be adopted after public notice of not less than fourteen (14) days, a public
hearing and a period for public comment of not less than thirty (30) days. Where other
applicable planning requirements are established by law, those planning requirements
shall not be deemed to be superceded by the requirements of this subsection, provided,
that the plan prepared pursuant to such planning requirements substantially address
the matter specified in this subsection and the opportunity for public review and
comment is no less than that provided for by this subsection.
(c) Notice. The entity shall give the owner(s) of property that may be acquired by eminent domain
advanced notice of the potential taking and shall provide the opportunity to sell
the property for a negotiated, mutually agreed upon price.
(d) Except for taking of temporary easements and partial takings subject to the provisions
of § 42-64.12-10, no local government entity shall implement any eminent domain proceeding for economic
development purposes unless the acquisition of the property by eminent domain has
been approved by the city or town council, and no state government entity shall implement
any eminent domain proceeding for economic development purposes unless the acquisition
of the property by eminent domain has been approved by an act of the general assembly.