[HISTORY: Adopted by the Town Council of the Town of Westerly 2-13-2006 by Ch. No. 1566. Amendments noted where applicable.]
Neither the Town of Westerly nor any of its elected or appointed agencies or officials, nor anyone acting in the name of the Town of Westerly, shall be authorized to propose, approve or appropriate funds for the use of the power of eminent domain to take private property unless the property to be taken meets one of the following criteria:
The property is to be owned by the Town of Westerly or an agency of the Town of Westerly, and is to be used or set aside for one or more public facilities or purposes, such as, but not limited to, streets, bridges, parkways, sidewalks, rights-of-way, or other public ways, parks, playgrounds, schools, or public sewer, water or waste disposal or transfer facilities; or
The property is to be owned by the Town of Westerly and set aside for permanent open space or drainage or erosion control facilities; or
The property poses a danger to public health or safety as a result of physical deterioration, pollution or contamination, and is to be taken by the Town of Westerly for the purpose of remediating such conditions or minimizing danger to the public.