EMINENT DOMAIN AND PUBLIC USE. Pursuant to Division I, Title IV, Section 409 of the 2009 Appropriations Act, under which this HOPE VI Grant is funded, no funding made available under that Act shall be used for purposes specifically excluded by the 2009 Appropriations Act. Title IV, Section 409 of the 2009 Appropriations Act prohibits any use of these funds “to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is used only for a public use.” The term “public use” is expressly stated not “to include economic development that primarily benefits private entities.” Accordingly, grantees may not propose mixed-use projects in which housing is complemented appreciably with commercial facilities (i.e., economic development) if eminent domain is used for the site.
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EMINENT DOMAIN AND PUBLIC USE. Pursuant to Division I, Title IV, Section 409 II of the 2009 2008 Consolidated Appropriations Act (Public Law 110-161) (the “2008 Appropriations Act”), under which this HOPE VI Grant is funded, no funding made available under that Act shall be used for purposes specifically excluded by the 2009 2008 Appropriations Act. Title IV, Section 409 411 of the 2009 2008 Appropriations Act prohibits any use of these funds “to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is used only for a public use.” The term “public use” is expressly stated not “to include economic development that primarily benefits private entities.” Accordingly, grantees may not propose mixed-use projects in which housing is complemented appreciably with commercial facilities (i.e., economic development) if eminent domain is used for the site.
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