Notwithstanding any other provision of law, neither this State nor any political subdivision thereof nor any other condemning entity shall use eminent domain unless it is necessary for a public use. Whenever property is condemned and will be used by a private party, the condemner must establish by clear and convincing evidence that the use of eminent domain complies with this section and is reasonably necessary.

Public use: The term “public use” shall only mean (1) the possession, occupation, and enjoyment of the land by the general public, or by public agencies; (2) the use of land for the creation or functioning of public utilities or common carries; or (3) where the use of eminent domain (a)(i) removes a public nuisance; (ii) removes a structure that is beyond repair or unfit for human habitation or use; or (iii) is used to acquire abandoned property in its current condition. The public benefits of economic development, including an increase in tax base, tax revenues, employment, general economic health, shall not constitute a public use.