[HISTORY: Adopted by the Village Board of Trustees of the Village of Lima 1-10-2006 by L.L. No. 1-2006. Amendments noted where applicable.]
This chapter shall be known as the "Eminent Domain Local Law of the Village of Lima," and the purpose and intent of the chapter is to procedurally limit the authority of the Village of Lima to exercise its statutory right of eminent domain, as authorized by the Eminent Domain Procedure Law of the State of New York. It is explicitly understood and provided that this chapter shall govern any eminent domain proceeding initiated by the Village Board of the Village of Lima, but that said chapter does not and is not intended to alter, affect or impair the Eminent Domain Procedure Law as it applies to other municipal or legal jurisdictions with authority to exercise the power of eminent domain. This chapter is understood and intended to apply only to such instances in which the Village of Lima and/or its instrumentalities may initiate an eminent domain proceeding.
This chapter is adopted pursuant to the authority granted by Municipal Home Rule Law.
The Village Board of the Village of Lima promulgates this chapter to express the Board's formulation of its own public policy statement in the matter of eminent domain.
A. 
In any action undertaken by the Village Board of the Village of Lima or any instrumentality thereof with the authority to exercise the power of eminent domain, the Village Board of the Village of Lima stipulates to be bound by the following regulations which procedurally alter or amend the right of the Village Board of the Village of Lima to exercise its statutory right of eminent domain, acknowledging that said regulations may expand or exceed the procedural safeguards presently accorded private landowners in connection with an exercise of eminent domain rights by a municipal government under the Eminent Domain Procedure Law of the State of New York.
B. 
The Village Board of the Village of Lima hereby stipulates that the following expanded or additional procedural safeguards shall be observed and utilized in each and every instance in which the Village Board of the Village of Lima and/or its instrumentalities shall initiate an eminent domain action:
(1) 
The Village Board shall have authority to exercise its statutory right of eminent domain only in connection with a project or need that serves a clear and demonstrable public use; it is specifically intended that the Village Board relinquishes its right of eminent domain for or in connection with a project that is intended to assist a private landowner or foster an economic revitalization project.
(2) 
The Village Board agrees that written notice requirements pursuant to the Eminent Domain Procedure Law authorizing a ten-day notice of a public hearing (as required by Eminent Domain Procedure Law § 202), the notice period is to be expanded to 30 days.
(3) 
The Village agrees that it shall be responsible to reimburse a condemnee or party whose property is taken by the Village through an eminent domain proceeding, for reasonable costs of relocation within a radius of 30 miles of the Village of Lima, if such relocation costs are actually and proximately caused by the taking of private land by said Village Board of the Village of Lima or its instrumentality.
This chapter shall take effect within 30 days of its filing in the Office of the Secretary of State.