56-569 - Condemnation.
§ 56-569. Condemnation.
A. At the request of the private entity, the responsible public entity mayexercise any power of condemnation that it has under law for the purpose ofacquiring any lands or estates or interests therein to the extent that theresponsible public entity finds that such action serves the public purpose ofthis chapter. Any amounts to be paid in any such condemnation proceedingshall be paid by the private entity.
B. Except as provided in subsection A, until the Commission, after notice tothe private entity and the secured parties, as may appear in the privateentity's records, and an opportunity for hearing, has entered a finaldeclaratory judgment that a material default has occurred and is continuing,the power of condemnation may not be exercised against a qualifyingtransportation facility.
C. After the entry of such final order by the Commission, any responsiblepublic entity having the power of condemnation under state law may exercisesuch power of condemnation in lieu of, or at any time after taking over thetransportation facility pursuant to subdivision A 1 of § 56-568, to acquirethe qualifying transportation facility or facilities. Nothing in this chaptershall be construed to limit the exercise of the power of condemnation by anyresponsible public entity against a qualifying transportation facility afterthe entry by the Commission of a final declaratory judgment order pursuant tosubsection B. Any person that has provided financing for the qualifyingtransportation facility and the private entity, to the extent of its capitalinvestment, may participate in the condemnation proceedings with the standingof a property owner.
(1994, c. 855; 1995, c. 647; 2005, cc. 504, 562.)