[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 8-10-2005.
Amendments noted where applicable.]
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."
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.
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.
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.
