§ 136-19.3. Acquisition of buildings.
§ 136‑19.3. Acquisitionof buildings.
Where the right‑of‑wayof a proposed highway or other transportation project necessitates the takingof a portion of a building or structure, the Department of Transportation mayacquire, by condemnation or purchase, the entire building or structure,together with the right to enter upon the surrounding land for the purpose ofremoving said building or structure, upon a determination by the Department ofTransportation based upon an affidavit of an independent real estate appraiserthat the partial taking will substantially destroy the economic value orutility of the building or structure and (i) that an economy in the expenditureof public funds will be promoted thereby; or (ii) that it is not feasible tocut off a portion of the building without destroying the entire building; or(iii) that the convenience, safety or improvement of the transportation projectwill be promoted thereby; provided, nothing herein contained shall be deemed togive the Department of Transportation authority to condemn the underlying feeof the portion of any building or structure which lies outside the right‑of‑wayof any existing or proposed transportation project, including a public road,street or highway. (1965,c. 660; 1973, c. 507, s. 5; 1977, c. 464, s. 7.1; 2009‑266, s. 8.)