§ 42-64.12-6 - Permissible uses of eminent domain powers.
SECTION 42-64.12-6
§ 42-64.12-6 Permissible uses of eminentdomain powers. – All entities delegated eminent domain powers under the laws of this state mayexercise such powers consistent with other restrictions and limitationsestablished by law, rule, regulation, or ordinance, to acquire property for thefollowing purposes:
(a) Providing for public ownership and use;
(b) Providing for transportation infrastructure including,but not limited to, roads, highways, bridges, and associated ramps;
(c) Providing for public utilities, includingtelecommunications, and for common carriers;
(d) Eliminating an identifiable public harm and/or correctingconditions adversely affecting public health, safety, morals, or welfare,including, but not limited to, the elimination and prevention of blighted andsubstandard areas, as defined by chapter 45-31, and correcting conditions ofenvironmental contamination that pose a significant risk to the public health,correcting and repairing facilities, and correcting conditions from damagesthat result from a declared disaster;
(e) Providing good and marketable title that is free andclear of liens and encumbrances when property is to be acquired or is to beconveyed for any of the purposes set forth in subsections (a) – (d) ofthis section.