§ 42-64.12-2 - Legislative findings.
SECTION 42-64.12-2
§ 42-64.12-2 Legislative findings. –The general assembly finds and declares that:
(a) Eminent domain is an inherent and historic attribute ofthe sovereign power of government and has been affirmed as such by federal andstate courts.
(b) The general assembly has delegated eminent domain powersover the years to an array of entities including, but not limited to,departments, agencies, authorities, corporations, instrumentalities, andpolitical subdivisions of the state;
(c) The functions of government have changed over the yearsand continue to evolve in manners which affect and can potentially affect theuse of eminent domain powers delegated by the general assembly;
(d) Among the broad and more recently evolved powers ofgovernment are those pertaining to economic development purposes;
(e) The US Supreme Court in Kelo v. City of New London bothaffirmed the use of eminent domain powers for economic development purposes,and encouraged states to define and limit the exercise of eminent domain foreconomic development purposes.