§356D-15 - Eminent domain, exchange, or use of public property.
[§356D-15] Eminent domain, exchange, or useof public property. (a) The authority may acquire any real property,including fixtures and improvements, or interest therein, through:
(1) Voluntary negotiation;
(2) Exchange of land in accordance with section171-50, provided that the public land to be exchanged need not be of like useto that of the private land; or
(3) By the exercise of the power of eminent domainwhich it deems necessary by the adoption of a resolution declaring that theacquisition of the property described therein is in the public interest andrequired for public use.
The authority shall exercise the power of eminentdomain granted by this section in the same manner and procedure as is providedby chapter 101, and otherwise in accordance with all applicable provisions ofthe general laws of the State; provided that condemnation of parcels greaterthan fifteen acres shall be subject to legislative disapproval expressed in aconcurrent resolution adopted by majority vote of the senate and the house ofrepresentatives in the first regular or special session following the date ofcondemnation.
(b) The authority may acquire by the exerciseof the power of eminent domain property already devoted to a public use;provided that no property belonging to any government may be acquired withoutits consent, and that no property belonging to a public utility may be acquiredwithout the approval of the public utilities commission; and provided furtherthat the acquisition is subject to legislative disapproval expressed in aconcurrent resolution adopted by majority vote of the senate and the house ofrepresentatives in the first regular or special session following the date ofcondemnation. [L 2006, c 180, pt of §2]