28F.11 - EMINENT DOMAIN.
28F.11 EMINENT DOMAIN.
Any public agency participating in an agreement authorizing the
joint exercise of governmental powers pursuant to this chapter may
exercise its power of eminent domain to acquire interests in
property, under provisions of law then in effect and applicable to
the public agency, for the use of the entity created to carry out the
agreement, provided that the power of eminent domain is not used to
acquire interests in property which is part of a system of facilities
in existence, under construction, or planned, for the generation,
transmission or sale of electric power. In the exercise of the power
of eminent domain, the public agency shall proceed in the manner
provided by chapter 6B. Any interests in property acquired are
acquired for a public purpose, as defined in chapter 6A, of the
condemning public agency, and the payment of the costs of the
acquisition may be made pursuant to the agreement or to any separate
agreement between the public agency and the entity or the other
public agencies participating in the entity or any of them. Upon
payment of costs, any property acquired is the property of the
entity. Section History: Early Form
[C71, 73, 75, 77, 79, 81, S81, § 28F.11; 81 Acts, ch 31, § 5] Section History: Recent Form
2006 Acts, 1st Ex, ch 1001, §28, 49
Referred to in § 28F.14 Footnotes
2006 amendments to this section take effect July 14, 2006, and
apply to applications for condemnation filed pursuant to §6B.3 on or
after that date; 2006 Acts, 1st Ex, ch 1001, §49