45-1706. Right of eminent domain
A. Condemnation proceedings may be brought by the director or authority and all
laws of the state relating to the exercise of the right of eminent domain and the taking
of private property for public use and obtaining immediate possession thereof shall apply
to the proceedings. The use of property which is condemned, taken or appropriated under
the provisions of this article is declared to be a public use subject to regulation and
control by the state in the manner provided by law.
B. When real property has been appropriated to public use by any person, firm or
corporation, the taking of the property for the construction and operation of the state
water and power plan by the director or authority shall be deemed a more necessary public
use than the use of the property by such person, firm or corporation.
C. Notwithstanding any other provision of this article, the director or authority
shall have no authority to condemn, take or destroy the whole or any part of property
belonging to any district, public utility or municipality unless and until the director
or authority has provided and substituted for the property to be taken, condemned or
destroyed new property of like character and at least equal in usefulness with suitable
adjustment for any increase or decrease in the costs of operating and maintaining
thereof, or unless and until the taking, condemnation or destruction has been permitted
by agreement executed between the director or authority and such district, public utility
or municipality. Nothing contained herein shall grant the authority or director the
authority to condemn, take or use the generating, transmission or distribution facilities
or other real or personal property of any type whatsoever of a public utility except for
the purpose of procuring rights-of-way across real property of the public utility.
D. In the event any property is to be acquired hereunder pursuant to a license
granted by the United States department of energy, such property may be acquired through
the exercise of the right of eminent domain as provided in section 21 of the federal
power act, as amended.
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