[Amended 4-24-2017 ATM
by Art. 10]
In consideration of the protection of private property rights
and of the Town's character and natural environment and the preservation
and enhancement of the quality of life of the Town's current and future
generations, the authority of the Town of Marshfield and its agencies
of local government, as reserved to localities under MGL c. 79, to
seize privately owned parcels against the expressed will of the owner
through the use of eminent domain procedures shall, in light of Kelo
vs. New London, be specifically further limited as follows:
A. To only those proposed taking actions incorporating the transfer
of private parcel(s) to the Town of Marshfield or any of its authorized
agencies of local government and under no circumstances to another
private party; and
B. To only those proposed taking actions whose purpose is the creation
of a facility for actual public use and ownership, to include public
open spaces, parks, and watershed protection districts, and never
for the purposes of economic development or the enhancement of the
local tax base.
Nothing in the bylaw shall limit the authority of the Town of
Marshfield or its authorized agencies of local government to seize
property that is endangering the health and safety of its residents
which could otherwise be seized or foreclosed upon for tax delinquency
in accordance with the provisions of MGL c. 60.