[§171-142]  Lease for lessees dislocated bycondemnation proceedings.  (a)  For purposes of this section:

(1)  "Dislocated lessee" means any lesseeengaged in commercial or industrial uses who has been or will be displaced fromprivate property which is acquired by the State or any county for public use bythe power of eminent domain or threat thereof; and

(2)  "Eligible relocation site" means a sitein an industrial park created under this chapter or on other state land,designated as an appropriate relocation site for dislocated lessees by law, orby resolution adopted by the board of land and natural resources and approvedby the legislature by concurrent resolution.

(b)  Notwithstanding any law to the contrary,any dislocated lessee shall have the right of first refusal to enter into alease for an eligible relocation site.

(c)  The board shall issue a lease to adislocated lessee for an eligible relocation site under mutually agreeableterms, conditions, and lease rent.  The lease shall be issued throughnegotiations, without regard to the limitations set forth in section 171-16(c)and section 171-59(a).  The terms, conditions and rent under the lease shall bein conformance with chapter 171, and the board shall include lease covenants ineach lease for the placement and construction of improvements in accordancewith minimum standards established by applicable county building codes.

(d)  The board shall negotiate in good faithwith each dislocated lessee.  If the board and dislocated lessee cannot agreeto a lease within one hundred and eighty days from the date the dislocatedlessee receives notice of the availability of an eligible relocation site, theboard shall have no further obligation to negotiate with or issue a lease tothe dislocated lessee for that economic unit, and may issue a lease for theeconomic unit to another person after the one hundred and eighty-day periodaccording to the provisions of chapter 171. [L 1990, c 274, §3]