§ 1040. Eminent domain; restrictions on use; conferring of private benefit; economic development

(a) Notwithstanding any other provision of law, no governmental or private entity may take private property through the use of eminent domain if the taking is primarily for purposes of economic development, unless the property is taken pursuant to 24 Vt. Stat. Ann. chapter 85 (urban renewal).

(b) This section shall not affect the authority of an entity authorized by law to use eminent domain for the following purposes:

(1) transportation projects, including highways, airports, and railroads;

(2) public utilities, including entities engaged in the generation, transmission, or distribution of electric, gas, sewer and sewage treatment, or communication services;

(3) public property, buildings, hospitals, and parks; or

(4) water, wastewater, stormwater, flood control, drainage, or waste disposal projects. (Added 2005, No. 111 (Adj. Sess.), § 1.)