§ 7009. Condemnation.
107 words·~1 min read·
/de/title-7/chapter-70-coastal-zone-act/7009·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If Superior Court rules that a permit’s denial, or restrictions imposed by a granted permit, or the operation of § 7003 or § 7004 of this title, is an unconstitutional taking without just compensation, the Secretary of the State Department of Natural Resources and Environmental Control may, through negotiation or condemnation proceedings under Chapter 61 of Title 10, acquire the fee simple or any lesser interests in the land. If the Secretary does not use this authority to acquire the fee simple or any lesser interests in the land within 5 years from the date of the Court’s ruling, the permit must be granted as applied for.