The County shall only execute the power of eminent domain for
public purposes and not for the benefit of one private party over
another. The County is further prohibited from exercising condemnation
of property for resale, lease, transfer or any other conveyance to
private entities. The County is further prohibited from exercising
condemnation of property for resale, lease, transfer or any other
conveyance to any public or quasi-public agency.
Only the County Legislature may use the power of eminent domain
to take property from private owner(s). Eminent domain power shall
not be used by any other agency or department of the County of Putnam.
The County Legislature shall not transfer eminent domain power to
any other entity.
Any measure to take property by eminent domain may only be approved
if 2/3 of the entire voting strength County Legislature votes to approve
such measure and if such measure is also thereafter approved by the
County Executive. If less than 2/3 of the full County Legislature
votes to approve an eminent domain taking, such taking shall be deemed
to be denied.
Any vote on a measure to take property by eminent domain must
be made by roll call vote.
The County shall not sell, lease, transfer or in any other way
convey any private premises taken by it to a private individual or
business entity. Any property taken by eminent domain must be used
for the stated purpose unless it becomes impracticable or impossible
to so use such property. In the event that the said property cannot
be used for the stated purpose, then said property shall be offered
for sale to the original owner for an amount paid by the County under
the eminent domain proceedings. If the owner is not available or declines
the offer under this section, the subject property shall be offered
at a public auction within two months of the determination that said
owner is not available or declines the offer.
