§ 28-7093 — Eminent domain

A. This state may exercise the right of eminent domain for transportation purposes, and the court in which the action is pending shall give the action precedence over other civil actions.

B. If property that is devoted to or held for some public use other than existing street, highway or airport uses for which the power of eminent domain might be exercised is to be taken for such transportation purposes and if the person or agency in charge of the public use consents, the director may purchase or exercise the right of eminent domain to acquire real property or an interest in the property to be exchanged with the person or agency for the real property that is to be taken for transportation purposes.

C. This article does not limit the authorization to the department to acquire, other than by exchange, property for these purposes or to acquire directly by condemnation, purchase or otherwise, without such exchange, property held for some other public use by any lawful means provided in section 28-7092.