§ 22-10-401 — Eminent domain - Dedication

(a) (1) A public entity may exercise its right of eminent domain under applicable law in connection with the development of a qualifying project. (2) The power of eminent domain shall not be delegated to a private entity with respect to a qualifying project commenced or proposed under this chapter. (3) Damages awarded to a third party in an eminent domain action may be included in the development budget for the qualifying project. (b) (1) A responsible public entity may dedicate any real or personal property interest, including land, improvements, and tangible personal property, through lease, sale, or otherwise, to the qualified respondent to facilitate a qualifying project if so doing will serve the public purpose of this chapter. (2) The consideration for the dedication, lease, sale, or exchange of any real or personal property interest under subdivision (b)(1) of this section may include an agreement by the qualified respondent to operate or develop the qualifying project or provide other services to the public entity. (3) The property interests that a responsible public entity may convey to the qualified respondent in connection with a dedication under this section may include licenses, franchises, easements, or other rights or interests that the public entity deems appropriate.

Legislative History

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.