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S.246

Introduced by   Senator Wilton of Rutland District, Senator Campbell of Windsor District, Senator Doyle of Washington District, Senator Dunne of Windsor District, Senator Kitchel of Caledonia District, Senator MacDonald of Orange District, Senator Maynard of Rutland District, Senator Sears of Bennington District and Senator Shepard of Bennington District

Referred to Committee on

Date:

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 a private benefit on a particular private party; or

(2)  is primarily for purposes 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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us