45-1443. Limitation on expenditure of
funds
A. The director shall not disburse any funds for a flood control project defined by
section 45-1441, paragraph 3, subdivision (a) until the legislature has appropriated
funds to contribute toward the local cost of land, easements and rights-of-way for that
project. The director shall not undertake the construction of flood control projects.
B. Prior to the federal government budgeting funds for the construction of a flood
control project, the director may only disburse the state's portion of the costs incurred
by a public agency in acquiring fee title to real property necessary for such
project. At such times as the federal government does budget funds for the construction
of any flood control project in this state, the director may then disburse the state's
portion of the costs for easements and rights-of-way.
C. If a public agency receives the state's portion of costs for acquiring fee title
to lands, easements and rights-of-way, which are subsequently found to be unnecessary for
a flood control project, the public agency shall, within a reasonable time, sell such
lands, easements and rights-of-way at fair market value and return to the state one-half
the net amount of money realized from such sale after deducting direct expenses of the
sale, or may retain such lands, easements or rights-of-way, and return to the state
one-half of the fair market value of such lands, easements and rights-of-way.
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