[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 10-15-2007 by Ord. No. 29-2007. Amendments noted
where applicable.]
The Mayor and Council of the Borough of Swedesboro will not
and henceforth cannot use the power of eminent domain to forcibly
take any parcel of real estate containing a legally permitted and
currently utilized residential use (i.e., an occupied residential
dwelling or dwelling unit being utilized as a residence at the time
of the attempted taking), with or without fair compensation, for the
purposes of economic development and/or to make such property available
to another private real estate developer to facilitate a better use
for said property in the supposed interest of the Borough of Swedesboro.
Nothing herein shall be construed to remove or otherwise limit
the preexisting and currently existing power of the Borough of Swedesboro
to use the power of eminent domain where necessary to promote a true
direct public purpose such as the erection of a government-owned public
school, hospital, roadway, public utility, public right-of-way easement,
water and sewer easement or other such true public purpose other than
economic development or redevelopment.
Nothing herein should be construed to restrict or limit the
otherwise recognized powers of the Borough of Swedesboro with regard
to nonresidential properties containing no occupied residential dwelling
or dwelling unit, abandoned properties, legally condemned properties,
or properties which are not legally allowed to contain a residential
dwelling or dwelling unit pursuant to the presently existing laws
regarding zoning, occupancy, general housing or living conditions
or overall land use and land regulation, and nothing herein shall
be construed to limit or negate the enforceability or continued authority
of such laws. Nevertheless, for a residential dwelling or residential
dwelling unit within the Borough of Swedesboro to be considered "unoccupied"
and thus outside the protection of this chapter with regard to the
limitation of the powers of local eminent domain, said dwelling or
dwelling unit must be unoccupied for a period of at least 90 days.
Nothing herein shall be construed to prohibit or discourage
the Borough of Swedesboro or any of its elected officials or agents
from discussing or negotiating with owners of residential dwellings
or dwelling units within the Borough of Swedesboro, as to proposed
voluntary sales or transfers of lands, or proposed alternate uses
of said property, for the purpose of advancing positive economic development
within the Borough of Swedesboro, nor shall such voluntary agreements
as may be reached with any such owners, for such compensation as any
such owners may voluntarily deem sufficient, be considered to be in
violation of this chapter.
