[HISTORY: Adopted by the Town Meeting of the Town of North Andover. Amendments noted where applicable.]
The authority of the Town of North Andover and its agencies of local government, as reserved to localities under Chapter 79 of the Massachusetts General Laws, to seize privately owned parcels against the expressed will of the owner through the use of the eminent domain procedure, including easements, shall, in light of the Kelo v. New London U.S. Supreme Court decision, be specifically further limited as follows:
Private parcel(s) to the Town of North Andover: to only those proposed taking actions incorporating the transfer of a private parcel(s) to the Town of North Andover or any of its authorized agencies of local government, and under no circumstances to another private party; and
Creation of facility for actual public use: 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, watershed protection districts, roadways, and other similar public projects, and never for the purposes of economic development or the enhancement of the local tax base.
Editor's Note: See 545 U.S. 469 (2005).
Nothing in this bylaw shall limit the authority of the Town of North Andover or its authorized agencies of local government to seize property that is endangering the health and safety of its residents, or which could otherwise be seized or foreclosed upon for tax delinquency in accordance with the provisions of MGL Chapter 60, or which is seized with the consent of the owner.