For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
ECONOMIC DEVELOPMENT
Activity designed or intended to increase tax base, tax revenues,
employment, or general economic health, when that activity does not result
in the transfer of land to public possession, occupation, and enjoyment; the
transfer of land to a private entity that is a public utility or common carrier,
or the transfer of property to a private entity when eminent domain will remove
a harmful use of the land, such as the removal of public nuisances, removal
of structures that are beyond repair or that are unfit for human habitation
or use, or acquisition of abandoned property.
PUBLIC USE
A.
The term "public use" shall only mean:
(1)
The possession, occupation, use and enjoyment of the land by the general
public or by public agencies;
(2)
The use of the land for public roads, highways, bridges and similar
infrastructure;
(3)
The acquisition of land for open space, conservation or preservation
purposes;
(4)
The use of land for the creation or functioning of public utilities
or common carriers; or
(5)
The acquisition of land in order to:
(a)
Remove a public nuisance;
(b)
Remove a structure that is beyond repair or unfit for human habitation
or use; or
(c)
Otherwise eliminate a direct threat to public health or safety caused
by the property in its current condition.
B.
The public benefits of economic development, including an increase in
tax base, tax revenues, employment, or general economic health, shall not
constitute a public use.
The Town of Yorktown shall not use eminent domain unless it is necessary
for a public use, as defined herein. The Town shall not use eminent domain
to acquire land or for economic development. The Town of Yorktown shall not
use eminent domain to take property to be used for private commercial, financial,
retail, or industrial enterprise, except that property may be transferred
or leased to private entities that are public utilities or common carriers
and private entities that occupy an incidental area within a public project,
such as a retail establishment on the ground floor of a public building. Whenever
property is condemned and will be used by a private party, the condemnor must
establish by clear and convincing evidence that the use of eminent domain
complies with this chapter and is reasonably necessary.
Private property acquired through eminent domain shall not be dedicated,
sold, leased in substantial part, or otherwise transferred to a private person,
partnership, corporation, or any other entity for a period of 10 years following
the acquisition of the property by the Town, except that property may be leased
to private entities that are public utilities or common carriers or that occupy
an incidental area in a public project, such as a retail establishment on
the ground floor of a public building.