6B.61 APPROVAL OF LOCAL ELECTED OFFICIALS REQUIRED.
Notwithstanding any provision of law to the contrary, any entity
created by or on behalf of one or more political subdivisions and
granted, by statute, eminent domain authority to acquire property
shall not exercise such authority outside the jurisdictional limits
of the political subdivisions participating in the entity at the time
of such exercise of authority without first presenting the proposal
to acquire such property by eminent domain to the board of
supervisors of each county where the property is located and such
proposal receives the approval, by resolution, of each applicable
board of supervisors. However, this section does not apply to an
entity created by or on behalf of one or more political subdivisions
if the entity is authorized by statute to act as a political
subdivision and if this section would limit the ability of the entity
to comply with requirements or limitations imposed by the Internal
Revenue Code to preserve the tax exemption of interest payable on
bonds or obligations of the entity acting as a political subdivision.
This section does not apply to a person issued a certificate of
public convenience, use, and necessity under chapter 476A. This
section does not apply to property condemned by or on behalf of a
multistate entity created to provide drinking water that has received
or is receiving federal funds, but only if such property is to be
acquired for water transmission and service lines, pump stations,
water storage tanks, meter houses and vaults, related appurtenances,
or supporting utilities.
Section History: Recent Form
2006 Acts, 1st Ex, ch 1001, §27, 49
Footnotes
Section is effective July 14, 2006, and applies to applications
for condemnation filed pursuant to §6B.3 on or after that date; 2006
Acts, 1st Ex, ch 1001, §49
6B.61 APPROVAL OF LOCAL ELECTED OFFICIALS REQUIRED.
Notwithstanding any provision of law to the contrary, any entity
created by or on behalf of one or more political subdivisions and
granted, by statute, eminent domain authority to acquire property
shall not exercise such authority outside the jurisdictional limits
of the political subdivisions participating in the entity at the time
of such exercise of authority without first presenting the proposal
to acquire such property by eminent domain to the board of
supervisors of each county where the property is located and such
proposal receives the approval, by resolution, of each applicable
board of supervisors. However, this section does not apply to an
entity created by or on behalf of one or more political subdivisions
if the entity is authorized by statute to act as a political
subdivision and if this section would limit the ability of the entity
to comply with requirements or limitations imposed by the Internal
Revenue Code to preserve the tax exemption of interest payable on
bonds or obligations of the entity acting as a political subdivision.
This section does not apply to a person issued a certificate of
public convenience, use, and necessity under chapter 476A. This
section does not apply to property condemned by or on behalf of a
multistate entity created to provide drinking water that has received
or is receiving federal funds, but only if such property is to be
acquired for water transmission and service lines, pump stations,
water storage tanks, meter houses and vaults, related appurtenances,
or supporting utilities.
Section History: Recent Form
2006 Acts, 1st Ex, ch 1001, §27, 49
Footnotes
Section is effective July 14, 2006, and applies to applications
for condemnation filed pursuant to §6B.3 on or after that date; 2006
Acts, 1st Ex, ch 1001, §49
6B.61 APPROVAL OF LOCAL ELECTED OFFICIALS REQUIRED.
Notwithstanding any provision of law to the contrary, any entity
created by or on behalf of one or more political subdivisions and
granted, by statute, eminent domain authority to acquire property
shall not exercise such authority outside the jurisdictional limits
of the political subdivisions participating in the entity at the time
of such exercise of authority without first presenting the proposal
to acquire such property by eminent domain to the board of
supervisors of each county where the property is located and such
proposal receives the approval, by resolution, of each applicable
board of supervisors. However, this section does not apply to an
entity created by or on behalf of one or more political subdivisions
if the entity is authorized by statute to act as a political
subdivision and if this section would limit the ability of the entity
to comply with requirements or limitations imposed by the Internal
Revenue Code to preserve the tax exemption of interest payable on
bonds or obligations of the entity acting as a political subdivision.
This section does not apply to a person issued a certificate of
public convenience, use, and necessity under chapter 476A. This
section does not apply to property condemned by or on behalf of a
multistate entity created to provide drinking water that has received
or is receiving federal funds, but only if such property is to be
acquired for water transmission and service lines, pump stations,
water storage tanks, meter houses and vaults, related appurtenances,
or supporting utilities.
Section History: Recent Form
2006 Acts, 1st Ex, ch 1001, §27, 49
Footnotes
Section is effective July 14, 2006, and applies to applications
for condemnation filed pursuant to §6B.3 on or after that date; 2006
Acts, 1st Ex, ch 1001, §49
