&n= bsp; = ; &n= bsp; = ; &n= bsp; Borough of Norwood

&nb= sp; = &nb= sp; = &nb= sp; Ordinance No. 06:08

Amending the Code of the Borough of Norwood to

Include a New Chapter 19, Titled “Eminent Domain”

the purpose of this ordinance is to enact provisions stating that the Borough will not use its power of eminent domain to acquire private property against the wishes of t= he property owner for private development merely to increase tax ratables or t= ax revenue derived from the property, and to declare that the Borough will use this power only to acquire private property: (1) when the property is to be opened to the public or for the public’s use, or (2) when the acquisi= tion is necessary to eliminate an existing use of the property that inflicts an affirmative harm on society consistent, to protect the interests of the Borough’s property owners and occupants, voters, and taxpayers now an= d in future years.

by the Mayor and Council of the Borough of Norwood as follows:

: A new Chapter 19 shall be added to= the Code of the Borough of Norwood titled “Eminent Domain,” which s= hall state as follows:

Chapter 19, Eminent Domain.

§19-1. Purpose.

The purpose of this ordinance is to state that it is the public policy of the Borough of Norwood that the Mayor and Council will not use the power of emi= nent domain granted to the Borough by statute or otherwise to acquire private property against the wishes of the property owner for private development merely to increase tax ratables or tax revenue derived from the property, a= nd that this power only will be used to acquire private property: (1) when the property is to be opened to the public or for the public’s use, or (2) when the acquisition is necessary to eliminate an existing use of the prope= rty that inflicts an affirmative harm on society. The Mayor and Council adopts this section because, on June 23, 2005, the United States Supreme Court decided = the case of Kelo v. City of New London, 125 S. Ct. 2655 (2005). The Court’s 5 to 4 majority affirmed the use of the governmental power to condemn property, known as the power of eminent domain, to acquire privately-owned property against the owner’s will, and then transfer the property to a developer for priva= te redevelopment, only because the proposed redevelopment will provide increas= ed tax revenue. The principal dissenting opinion, authored, by Justice Sandra Day O’Connor, would permit governments to condemn and then transfer condemned property to priva= te parties in only two circumstances: when (as with railroads) the property is= to be opened to the public’s use, or when the condemnation is necessary = to eliminate an existing use of the property that “inflict[s] affirmative harm on society.”
Accordingly, the Mayor and Council seeks to do all that it can under the la= w to limit the Borough’s power to condemn and acquire property, as suggest= ed by the dissenting Justices in the Kelo case.

§19-2. Definitions. In this C= hapter the following definitions shall apply:

Borough - means the Borough of Norwood.

Eminent Domain - means the power of the Borough, whether authorized by statute, rul= e or regulation, or otherwise, to take or acquire private property and put it to public use through the legal process called condemnation.=

Mayor and Council - means the duly elected mayor and council of the Borough.=

§19-3. Limitation on the Power of Eminent Domain.

The Mayor and Council of the Borough shall not adopt an ordinance or resolution using the Borough’s power of eminent domain to acquire private proper= ty against the wishes of the property owner for private development to increase tax ratables or tax revenue derived from the property, and this power only = will be used by the Borough to acquire private property: (1) when the property i= s to be opened to the public or for the public’s use, or (2) when the acqu= isition is necessary to eliminate an existing use of the property that inflicts an affirmative harm on society.

: All ordinances or parts of ordinan= ces that are inconsistent with the provisions of this ordinance are hereby repealed, but only to the extent of any inconsistencies.<= /p>

: The provisions of this ordinance a= re severable. If any part of this ordinance is declared to be unconstitutional or invalid by any court, the remaining parts of this ordinance will remain in full force and effect.

Section 4: This ordinance shall take effect u= pon final approval and publication, according to law.

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Intro= duced and passed first reading: = April 4, 2006

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Passed second reading:

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ATTES= T:        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;          APPROVED BY:

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_____= __________________________        &= nbsp;         &= nbsp;   _______________________________<= /p>
Lorraine McMackin, Borough Clerk                 =             M= ichael B. Kaplan, Mayor

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