§ 14-117-305 — Eminent domain

(a) The right and power of eminent domain heretofore conferred shall, as to watershed improvement districts organized under this chapter for the purpose of cooperation under Public Law 83-566, as amended, include the power to enter upon, take, and condemn private property, located either within or without the boundaries of the district, for the construction or erection of works or improvements necessary to conserve soil and water resources; prevent erosion, floodwater, and sediment damage; construct diversion systems, floodwater retarding structures, floodways, levees, desilting basins, channels, rights-of-way, including rights-of-way for improvements in upland areas upstream from district lands when such upstream areas are sources of floodwater or sediment which causes damage to district lands; or other lawful purposes. The term "or other lawful purposes," as used in this section, shall include a watershed improvement plan in its entirety, or any integral part thereof, necessary to carrying out the plans of the district. (b) Condemnation proceedings instituted under this section shall be conducted in the manner as is now provided by §§ 18-15-1001 - 18-15-1010 . (c) Legal title to all property so acquired shall vest in the district for the uses and purposes of the district.

Legislative History

Acts 1949, No. 329, § 12; 1957, No. 171, § 5; 1959, No. 131, § 2; A.S.A. 1947, § 21-912.