Introduced by Representatives Obuchowski of Rockingham, Morrissey of Bennington, Flory of Pittsford, Ancel of Calais, Bohi of Hartford, Darrow of Dummerston, Fisher of Lincoln, Howard of Rutland City, Masland of Thetford, Nitka of Ludlow, Johnson of Canaan, Keenan of St. Albans City, Kiss of Burlington, Kupersmith of S. Burlington, Miller of Shaftsbury, Otterman of Topsham, Parent of St. Albans City, Acinapura of Brandon, Adams of Hartland, Allaire of Rutland City, Allard of St. Albans Town, Audette of S. Burlington, Baker of West Rutland, Barnard of Richmond, Bartlett of Dover, Branagan of Georgia, Brennan of Colchester, Canfield of Fair Haven, Chen of Mendon, Clark of St. Johnsbury, Clark of Vergennes, Condon of Colchester, Cross of Winooski, DePoy of Rutland City, Donaghy of Poultney, Dostis of Waterbury, Endres of Milton, Evans of Essex, Frank of Underhill, Helm of Castleton, Howrigan of Fairfield, Hudson of Lyndon, Hunt of Essex, Hutchinson of Randolph, Johnson of South Hero, Kainen of Hartford, Kennedy of Chelsea, Koch of Barre Town, Krawczyk of Bennington, Larocque of Barnet, Larrabee of Danville, LaVoie of Swanton, Lawrence of Lyndon, Livingston of Manchester, Malcolm of Pawlet, Marcotte of Coventry, Marron of Stowe, Miller of Elmore, Myers of Essex, Peaslee of Guildhall, Pillsbury of Brattleboro, Potter of Clarendon, Rusten of Halifax, Shaw of Derby, Smith of New Haven, Smith of Morristown, Sweaney of Windsor, Valliere of Barre City, Wright of Burlington and Young of Orwell
Subject: Court procedure; eminent domain; restrictions on use; conferring of private benefits; economic development
Statement of purpose: This bill proposes to prohibit the use of eminent domain to confer a private benefit on a particular private party. The bill also places restrictions on the use of eminent domain for purposes of economic development.
AN ACT RELATING TO EMINENT DOMAIN
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 12 V.S.A. § 1040 is added to read:
§ 1040. EMINENT DOMAIN; RESTRICTIONS ON USE; CONFERRING
OF PRIVATE BENEFIT; ECONOMIC DEVELOPMENT
(a) Notwithstanding any other provision of law, no governmental or private entity may take private property through the use of eminent domain if the taking:
(1) confers only a private benefit on a particular private party; or
(2) is for the primary purpose of economic development, unless the property is taken pursuant to chapter 85 of Title 24.
(b) This section shall not affect the authority of an entity authorized by law to use eminent domain for purposes of constructing, maintaining, or operating:
(1) transportation projects, including highways, airports, and railroads;
(2) public utilities, including entities engaged in the generation, transmission, or distribution of electric, gas, sewer, or telephone services;
(3) public property, buildings, hospitals, and parks; or
(4) water, wastewater, flood control, drainage, or waste disposal projects.
The Vermont General Assembly
115 State Street