[§356D-15] Eminent domain, exchange, or use of public property.

283 words·~1 min read·/hi/356d-15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 section 171-50, provided that the public land to be exchanged need not be of like use to that of the private land; or

(3)By the exercise of the power of eminent domain which it deems necessary by the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and required for public use.

The authority shall exercise the power of eminent domain granted by this section in the same manner and procedure as is provided by chapter 101, and otherwise in accordance with all applicable provisions of the general laws of the State; provided that condemnation of parcels greater than fifteen acres shall be subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation.

(b)The authority may acquire by the exercise of the power of eminent domain property already devoted to a public use; provided that no property belonging to any government may be acquired without its consent, and that no property belonging to a public utility may be acquired without the approval of the public utilities commission; and provided further that the acquisition is subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation. [L 2006, c 180, pt of §2]