§173A-4  Authority to acquire and convey. (a)  In consultation with the senate president and speaker of the house ofrepresentatives, the board may acquire, by purchase, gift, or the exercise ofthe power of eminent domain as authorized by chapter 101, any land having valueas a resource to the State.  Such acquisition is hereby declared to be for apublic use.

(b)  The board may, subject to chapter 171, inconsultation with the senate president and speaker of the house ofrepresentatives, and with the approval of the governor, sell, lease, orotherwise convey any such land subject to terms and conditions that it deemsappropriate and that will ensure that the transferee shall not use the land ina manner that is inconsistent with the purposes for which it was acquired bythe board.  The terms and conditions shall run with the land and shall bebinding on the transferee's heirs, successors, and assigns.  The board may seekenforcement of the terms and conditions in any court of appropriatejurisdiction.

(c)  The board may, in consultation with thesenate president and the speaker of the house of representatives, require as acondition of the receipt of funds that state, county, and nonprofit landconservation organizations receiving funds under this chapter provide aconservation easement under chapter 198, or an agricultural easement or deedrestriction or covenant to an appropriate land conservation organization orcounty, state, or federal natural resource conservation agency, that shall runwith the land and be recorded with the land to ensure the long-term protectionof land having value as a resource to the State and preserve the interests ofthe State. [L 1973, c 77, §4; am L 2006, c 254, §3; am L 2008, c 139, §1]