[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,[1] be specifically further limited as follows:
A.
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
B.
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.
[1]
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.
