12-1132. Burden of proof
(Caution: 1998 Prop. 105 applies)
A. In all eminent domain actions the judiciary shall comply with the state
constitution's mandate that whenever an attempt is made to take private property for a
use alleged to be public, the question whether the contemplated use be really public
shall be a judicial question, and determined as such without regard to any legislative
assertion that the use is public.
B. In any eminent domain action for the purpose of slum clearance and
redevelopment, this state or a political subdivision of this state shall establish by
clear and convincing evidence that each parcel is necessary to eliminate a direct threat
to public health or safety caused by the property in its current condition, including the
removal of structures that are beyond repair or unfit for human habitation or use, or to
acquire abandoned property and that no reasonable alternative to condemnation exists.
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