19-9-106 - Acquisition of sites by authority -- Property vested in state on disincorporation of authority.
19-9-106. Acquisition of sites by authority -- Property vested in state ondisincorporation of authority.
(1) The authority is authorized, pursuant to Title 78B, Chapter 6, Part 5, EminentDomain, to acquire sites sufficient in number to meet the hazardous waste treatment, storage, anddisposal needs of the state if, in the judgment of the authority, private operators are notadequately meeting such needs. Exercise of the power of eminent domain to acquire such sites isdeclared to be for a public purpose and use.
(2) Before the purchase or condemnation of any site by the authority, the board shallcertify that the site meets the standards for eventual incorporation into an approved hazardouswaste operations plan.
(3) If the authority is disincorporated for any reason, all its property shall vest in, andbecome the property of, the state, which shall succeed to all the rights and liabilities of theauthority which exist at the time of vestiture in the state.
Amended by Chapter 3, 2008 General Session