§ 42-64.12-7 - Restricted use of eminent domain powers.
SECTION 42-64.12-7
§ 42-64.12-7 Restricted use of eminentdomain powers. – No entity subject to the provisions of the chapter shall exercise eminentpowers to acquire any property for economic development purposes unless it hasexplicit authority to do so and unless it conforms to the provisions of thissection.
(a) Plan. The entity shall have a plan for theproposed development, which shall be approved by the governing body of theentity prior to the initiation of any eminent domain proceeding, which planshall set forth the purposes of the development, the intended benefits to thecommunity, the necessary infrastructure improvements, the presence andcorrection of any substandard conditions and/or environmental hazards, and theparcels which will be acquired in order to effectuate the plan. In addition,the plan shall include provisions and/or analyses which can support arational-basis determination that potential takings by eminent domain inure apreponderance of benefits, to the public with only incidental, benefits to aprivate party or parties. The plan shall only be adopted after public notice ofnot less than fourteen (14) days, a public hearing and a period for publiccomment of not less than thirty (30) days. Where other applicable planningrequirements are established by law, those planning requirements shall not bedeemed to be superceded by the requirements of this subsection, provided, thatthe plan prepared pursuant to such planning requirements substantially addressthe matter specified in this subsection and the opportunity for public reviewand comment is no less than that provided for by this subsection.
(b) Notice. The entity shall give the owner(s) ofproperty which may be acquired by eminent domain advanced notice of thepotential taking and shall provide the opportunity to sell the property for anegotiated, mutually agreed upon price.
(c) Except for taking of temporary easements and partialtakings subject to the provisions of § 42-64.12-10, no local governmententity shall implement any eminent domain proceeding for economic developmentpurposes unless the acquisition of the property by eminent domain has beenapproved by the city or town council, and no state government entity shallimplement any eminent domain proceeding for economic development purposesunless the acquisition of the property by eminent domain has been approved byan act of the general assembly.