68-2006. Same; acquisition of property; eminent domain; plans and specifications, when.
68-2006
68-2006. Same; acquisition of property; eminent domain; plans andspecifications, when.The authority is hereby authorized and empowered to acquire by purchase,whenever it shall deem such purchase expedient, solely from funds providedunder the authority of this act, such lands, structures, property, rights,rights-of-way, franchises, easements and other interests in lands,including lands lying under water and riparian rights, which are locatedwithin this state, as it may deem necessary or convenient for theconstruction and operation of any project, upon such terms and at suchprices as may be considered by it to be reasonable and can be agreed uponbetween it and the owner thereof, and to take title thereto in the name ofthe state.
Whenever a reasonable price cannot be agreed upon, or whenever the owneris legally incapacitated or is absent, unknown or unable to convey validtitle, the authority is hereby authorized and empowered to acquire bycondemnation or by the exercise of the power of eminent domain any lands,property, rights, rights-of-way, franchises, easements and other property,including public lands, parks, playgrounds, reservations, highways orparkways, or parts thereof or rights therein, of any person, copartnership,association, railroad, public service, public utility or other corporation,municipality or political subdivision deemed necessary or convenient forthe construction or the efficient operation of any project, or necessary inthe restoration of public or private property damaged or destroyed. Anysuch proceedings shall be conducted, and the compensation to be paid shallbe ascertained and paid, in the manner provided by the laws of the statethen applicable which relate to condemnation or the exercise of the powerof eminent domain by the secretary of transportation: Provided,however, That title to any property condemned by the authority shallimmediately vest in the authority and the authority shall be entitled tothe immediate possession of such property upon the deposit with the clerkof the court in which such condemnation proceedings were originated, of thetotal amount of the appraised price of the property and court costs andfees as provided by said laws, notwithstanding that any of the parties tosuch proceedings shall appeal from such appraisement. Whenever theauthority shall make such deposit in connection with any condemnationproceeding, the making of said deposit shall not preclude the authorityfrom appealing any decision rendered in such proceeding. The said clerk ofthe court shall hold any such deposit made by the authority until theperiod within which an appeal may be taken from such appraisement hasexpired or if an appeal is taken, until judgment has been rendered on suchappeal. If the appraisement is increased or decreased as the result of anappeal, the amount of the increase or decrease shall be paid by or refundedto the authority. Title to any property acquired by the authority shall betaken in the name of the state.
If the owner, lessee or occupier of any property to be condemned shallrefuse to remove his or her personal property therefrom or give uppossession thereof, the authority may proceed to obtain possession in anymanner now or hereafter provided by law.
With respect to any railroad property or right-of-way upon whichrailroad tracks are located, any powers of condemnation or of eminentdomain may be exercised to acquire only an easement interest therein whichshall be located either sufficiently far above or sufficiently far belowthe grade of any railroad track or tracks upon such railroad property sothat neither the proposed project nor any part thereof, including anybridges, abutments, columns, supporting structures and appurtenances, norany traffic upon it shall interfere in any manner with the use, operationor maintenance of the trains, tracks, works or appurtenances or otherproperty of the railroad nor endanger the movement of the trains or trafficupon the tracks of the railroad. Prior to the institution of condemnationproceedings of such easement over or under such railroad property orright-of-way, plans and specifications of the proposed project showingcompliance with the above-mentioned above or below grade requirements andshowing sufficient and safe plans and specification of such overhead orundergrade structure and appurtenances shall be submitted to the railroadfor examination and approval. If the railroad fails or refuses withinthirty days to approve the plans and specifications so submitted, thematter shall be submitted to the state corporation commission whosedecision, arrived at after due consideration in accordance with its usualprocedure, shall be final as to the sufficiency and safety of such plansand specifications and as to such elevations or distances above or belowthe tracks. Such overhead or undergrade structure and appurtenances shallbe constructed only in accordance with such plans and specifications and inaccordance with such elevations or distances above or below the tracks soapproved by the railroad or the state corporation commission as the casemay be. A copy of the plans and specifications approved by the railroad orthe state corporation commission shall be filed as an exhibit with thepetition for condemnation.
History: L. 1953, ch. 308, § 6; L. 1975, ch. 427, §172; Aug. 15.