§ 25.20.027. Exercise of the power of eminent domain: limitation.

A.

Exercise of the power of eminent domain by the municipality, its agencies and authorities, is prohibited unless the property acquired thereby is actually used by the municipality or the public. Eminent domain is not to be used to further private economic development.

B.

The municipality shall not use or rely upon the power of eminent domain to acquire private property, in whole or in part, or any interest in private property, for the purpose of leisure amenities, regardless of how such amenities are characterized or financed.

C.

For purposes of this section, leisure amenities includes indoor and outdoor facilities intended for personal enjoyment including, but not limited to, parks, natural resource use areas, trails and pedestrian paths and/or trails of any kind, greenbelts, access to wilderness areas, amusement rides, small boat facilities, personal use fisheries, sports activities of any kind, play areas, picnic areas, spectator viewing, and associated infrastructure such as parking lots and access corridors.

D.

This section shall not apply to pedestrian facilities as amenities in the right-of-way for a road classified as local, collector, arterial, expressway or freeway.

E.

The limitations on the exercise of eminent domain in this section may be waived by ordinance approved by two-thirds of the total membership of the Assembly.

(AO No. 2005-86, § 1, 7-12-05; AO No. 2005-171(S-1), § 1, 1-10-06)