Town of Orange, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 8-10-2005. Amendments noted where applicable.]

§ 51-1 Title.

This chapter shall be known and may be cited as "An Ordinance Limiting the Exercise of Eminent Domain for Private Economic Development within the Town of Orange."

§ 51-2 Findings.

A. 
The Supreme Court of the United States in the case of Kelo. et. al. v. the City of New London. et. al. has held that the taking of private property for economic development is a legitimate public purpose for the exercise by a municipality of the power of eminent domain; and
B. 
The Town of Orange views the private property rights of its citizens in their homes to be paramount to, sacred, and inviolable from the power of eminent domain for the purpose of private economic development; and
C. 
The Town of Orange desires that its citizens be free of any concern, no matter how remote, that their homes will be taken through the power of eminent domain for transfer to a private party for economic development.

§ 51-3 Prohibited activities.

A. 
The taking of a single-family or two-family residential dwelling within the Town of Orange by eminent domain for another private party for the purpose of economic development shall not be deemed a proper public use or public purpose for the exercise of the power of eminent domain.
B. 
No single-family or two-family residential dwelling shall be taken by the Town of Orange, or any of its agencies, boards or commissions, by eminent domain for conveyance to another private party for the purpose of economic development.
C. 
No approval shall be granted by the Town of Orange and/or the Orange Board of Selectmen for the taking of a single-family or a two-family residential dwelling by any public, quasi-public or private individual or entity for the purpose of economic development, where such approval is a prerequisite to the exercise of such taking under the laws of the State of Connecticut.

§ 51-4 Exceptions.

A. 
Nothing herein shall prohibit, or be interpreted to prohibit, the Town of Orange from taking, or approving the taking of, any property by eminent domain, where authorized under the laws of the State of Connecticut, for transfer to a private party for the purpose of making the property available for public utilities, public transportation or other public use.
B. 
Nothing in this chapter shall prohibit or be interpreted to prohibit the Town of Orange from taking, or approving the taking, by eminent domain, where authorized under the laws of the State of Connecticut, of any property which is substandard, unsanitary, blighted, environmentally impaired or contaminated, the effect of which is injurious to the public health, safety and welfare of the Town of Orange and/or its citizens.