[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:
A.Â
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
B.Â
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
C.Â
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.
