TITLE 42

State Affairs and Government

CHAPTER 42-64.12

Eminent Domain

SECTION 42-64.12-2



   § 42-64.12-2  Legislative findings. –

The general assembly finds and declares that:



   (a) Eminent domain is an inherent and historic attribute of

the sovereign power of government and has been affirmed as such by federal and

state courts.



   (b) The general assembly has delegated eminent domain powers

over the years to an array of entities including, but not limited to,

departments, agencies, authorities, corporations, instrumentalities, and

political subdivisions of the state;



   (c) The functions of government have changed over the years

and continue to evolve in manners which affect and can potentially affect the

use of eminent domain powers delegated by the general assembly;



   (d) Among the broad and more recently evolved powers of

government are those pertaining to economic development purposes;



   (e) The US Supreme Court in Kelo v. City of New London both

affirmed the use of eminent domain powers for economic development purposes,

and encouraged states to define and limit the exercise of eminent domain for

economic development purposes.



History of Section.

(P.L. 2008, ch. 169, § 1.)