Town of Canandaigua, NY Chapter 15 Eminent Domain

[HISTORY: Adopted by the Town Board of the Town of Canandaigua 2-8-2007 by L.L. No. 2-2007. Amendments noted where applicable.

GENERAL REFERENCES

Unsafe buildings — See Ch. 88.

Zoning — See Ch. 220.

§ 15-1 Legislative intent.

The Town of Canandaigua, hereinafter the "Town," finds governments are under increasing pressure to exercise eminent domain to facilitate projects that are not devoted exclusively to public uses. The Town finds that it is in the best interests of its citizens that eminent domain remains a power exercised in limited circumstances and only to satisfy a genuine public need of the citizens of the Town or promote a genuine public use for the citizens of the Town.

§ 15-2 Definitions. [1]

A. As used in this chapter, the following terms shall have the meanings indicated:

PUBLIC USE

(1) The possession, occupation and/or employment of a parcel of land by the general public by and through the Town or by public agencies other than industrial development agencies and economic agencies or for the creation of functioning public utilities;

(2) The acquisition of property to cure a concrete harmful condition, including the removal of public nuisances, structures that are beyond repair or that are unfit for human habitation or use; and/or

(3) The acquisition of abandoned property. The public benefits of economic development, including an increase in tax base, tax revenues, employment, general economic health, and similar benefits shall not constitute a "public use."

B. Other relevant definitions are included in Chapter 1, Article II.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 15-3 Eminent domain for private use prohibited.

Notwithstanding any other provision of law, the Town may use its powers of eminent domain to condemn private property only as follows:

A. The Town is hereby prohibited from using its powers of eminent domain to condemn private property for private use.

B. The Town may use its powers of eminent domain to condemn private property only upon the vote of two-thirds of the members of the Town Board of the Town of Canandaigua, after public hearing thereon, and only upon a finding that the use of such power is necessary to achieve a clear and convincing public use as defined in this legislation.

C. Notwithstanding any other provision of law, the Town shall not participate in and/or contribute monies, or surrender public property of the Town, or provide other support to a project that relies upon the use or threat of eminent domain or otherwise is the beneficiary of eminent domain for a private use.

§ 15-4 Private right of action.

Any person who owns property in the Town that is the object of eminent domain or which is immediately adjacent thereto or otherwise within 5,000 feet thereof may enforce the prohibitions contained herein.

§ 15-5 Enforcement. [1]

A. A person may seek injunctive relief in any court of competent jurisdiction.

B. A person shall be entitled to reasonable attorney's fees, costs and disbursements, including expert witness fees, upon the issuance of injunctive relief or other relief granted pursuant to this chapter.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 15-6 No waiver of provisions.

Any waiver of the provisions of this chapter is contrary to public policy and shall be void and unenforceable.