§201H-13 - Eminent domain, exchange or use of public property.
[§201H-13] Eminent domain, exchange or useof public property. The corporation may acquire any real property,including fixtures and improvements, or interest therein: through voluntarynegotiation; through exchange of land in accordance with section 171-50,provided that the public land to be exchanged need not be of like use to thatof the private land; or by the exercise of the power of eminent domain which itdeems necessary by the adoption of a resolution declaring that the acquisitionof the property described therein is in the public interest and required forpublic use. The corporation shall exercise the power of eminent domain grantedby this section in the same manner and procedure as is provided by chapter 101and otherwise in accordance with all applicable provisions of the general lawsof the State; provided that condemnation of parcels greater than fifteen acresshall be subject to legislative disapproval expressed in a concurrentresolution adopted by majority vote of the senate and the house ofrepresentatives in the first regular or special session following the date ofcondemnation.
The corporation may acquire by the exercise ofthe power of eminent domain property already devoted to a public use; providedthat no property belonging to any government may be acquired without itsconsent, and that no property belonging to a public utility corporation may beacquired without the approval of the public utilities commission, and subjectto legislative disapproval expressed in a concurrent resolution adopted bymajority vote of the senate and the house of representatives in the firstregular or special session following the date of condemnation. [L 2005, c 196,pt of §20; am L 2006, c 180, §15]