Town of Yorktown, NY Chapter 38 Eminent Domain

[HISTORY: Adopted by the Town Board of the Town of Yorktown 1-16-2007 by L.L. No. 1-2007. Amendments noted where applicable.]

§ 38-1 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

ECONOMIC DEVELOPMENT

Activity designed or intended to increase tax base, tax revenues, employment, or general economic health, when that activity does not result in the transfer of land to public possession, occupation, and enjoyment; the transfer of land to a private entity that is a public utility or common carrier, or the transfer of property to a private entity when eminent domain will remove a harmful use of the land, such as the removal of public nuisances, removal of structures that are beyond repair or that are unfit for human habitation or use, or acquisition of abandoned property.

PUBLIC USE

A. The term "public use" shall only mean:

(1) The possession, occupation, use and enjoyment of the land by the general public or by public agencies;

(2) The use of the land for public roads, highways, bridges and similar infrastructure;

(3) The acquisition of land for open space, conservation or preservation purposes;

(4) The use of land for the creation or functioning of public utilities or common carriers; or

(5) The acquisition of land in order to:

(a) Remove a public nuisance;

(b) Remove a structure that is beyond repair or unfit for human habitation or use; or

(c) Otherwise eliminate a direct threat to public health or safety caused by the property in its current condition.

B. The public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, shall not constitute a public use.

§ 38-2 Restrictions on use of eminent domain.

The Town of Yorktown shall not use eminent domain unless it is necessary for a public use, as defined herein. The Town shall not use eminent domain to acquire land or for economic development. The Town of Yorktown shall not use eminent domain to take property to be used for private commercial, financial, retail, or industrial enterprise, except that property may be transferred or leased to private entities that are public utilities or common carriers and private entities that occupy an incidental area within a public project, such as a retail establishment on the ground floor of a public building. Whenever property is condemned and will be used by a private party, the condemnor must establish by clear and convincing evidence that the use of eminent domain complies with this chapter and is reasonably necessary.

§ 38-3 Use of property acquired through eminent domain.

Private property acquired through eminent domain shall not be dedicated, sold, leased in substantial part, or otherwise transferred to a private person, partnership, corporation, or any other entity for a period of 10 years following the acquisition of the property by the Town, except that property may be leased to private entities that are public utilities or common carriers or that occupy an incidental area in a public project, such as a retail establishment on the ground floor of a public building.