§ 23-19-34 - Central landfill buffer zone.
SECTION 23-19-34
§ 23-19-34 Central landfill buffer zone.– (a) The corporation shall be required to establish a buffer zone surroundingthe operational portion of the central landfill, as identified per site masterplan No. 06538, and the area licensed for landfilling, hereinafter referred toas the entire operational portion of the central landfill. In order to createthe buffer zone, the corporation shall acquire all real property zonedresidential as of July 31, 1988 and remains zoned residential as of October 1,1989 within one thousand feet (1000') of the entire operational portion of thecentral landfill. In addition, the corporation shall acquire those residentialreal properties in the town of Johnston located on Simmons Lake Drive anddesignated on the town assessor's map, of December 31, 1988, as Plat 31, Lots013 through 024 and Plat 31, Lots 026 through 034.
(b) To accomplish acquisition, the corporation shall exercisethe power of eminent domain as shall be granted by the general assembly. Allproperties subject to acquisition under this section shall be acquired at fairmarket value.
(c) The corporation shall not be authorized to makerelocation payments of any form to owners whose property is subject toacquisition under this section.
(d) For the purposes of this section, the corporation shallacquire the total acreage and all buildings (if applicable) of any parcel whichis encroached upon to any degree by the one thousand foot (1000') mark asmeasured from the perimeter of the entire operational portion of the centrallandfill.
(e) Notwithstanding the other provisions of this section,those parcels belonging to the town of Johnston identified on the townassessor's map, at December 31, 1988, as Plat 43, Lot 012 and Plat 43, Lot 013,shall not be subject to the acquisition described in this section unlessauthorized by the Johnston town council. Notwithstanding any other provision ofthis chapter, the corporation may utilize any property acquired pursuant tothis section or § 23-19-35 for the development of an industrial/businesspark pursuant to § 23-19-35.1(c) and the development of anindustrial/business park is deemed to constitute the establishment of a bufferzone as prescribed in this section.