§ 14-235-210 — Power of eminent domain

(a) (1) Under this subchapter, every municipality shall have power to condemn any works to be acquired and any land, rights, easements, franchises, and other property, real or personal, deemed necessary or convenient for the construction of any works, or for extensions, improvements, or additions to them. In this connection, they may have and exercise all the rights, powers, and privileges of eminent domain granted to municipalities under the laws relating to them. (2) Title to property condemned shall be taken in the name of the municipality. (3) Proceedings for such appropriation of property shall be under and pursuant to the provisions of §§ 18-15-301 - 18-15-303 and any acts supplemental to it. However, a municipality shall be under no obligation to accept and pay for any property condemned or purchased except from the funds provided pursuant to this subchapter. (4) (A) In any proceedings to condemn, such orders may be made as may be just to the municipality and to the owners of the property to be condemned. (B) An undertaking or other security may be required securing the owners against any loss or damage to be sustained by reason of the failure of the municipality to accept and pay for the property. However, the undertaking or security shall impose no liability upon the municipality except such as may be paid from the funds provided under the authority of this subchapter. (b) In event of the acquisition by purchase, the sewer committee may obtain and exercise an option from the owner of the property for the purchase of it, or may enter into a contract for the purchase of it, and the purchase may be made upon such terms and conditions, and in such manner, as the committee may deem proper. (c) In event of the acquisition of any works already constructed by purchase or condemnation, the committee, at or before the time of the adoption of the ordinance described in § 14-235-213 , shall cause to be determined what repairs, replacements, additions, and betterments will be necessary in order that the works may be effective for their purpose. An estimate of the cost of these improvements shall be included in the estimate of cost required by § 14-235-213 , and improvement shall be made upon the acquisition of the works and as a part of the cost of them.

Legislative History

Acts 1933, No. 132, § 5; Pope's Dig., § 9981; A.S.A. 1947, § 19-4105.