§ 37-6-10. Acquisition of limited or encumbered title.
Whenever in the opinion of the acquiring authority the purposes for which control
over any land or other real property is needed are not essentially impaired by the
acquisition of an interest in the land, or other real property less than a fee simple,
or less than perpetual in duration, or subject to any easements or rights of way,
or subject to reserved or outstanding interests or rights, and there is a substantial
saving in cost by acquiring limited title or title subject to the encumbrances, reserved
or outstanding interests or rights in the land or other real property, as compared
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§ 37-6-10. Acquisition of limited or encumbered title.
Whenever in the opinion of the acquiring authority the purposes for which control
over any land or other real property is needed are not essentially impaired by the
acquisition of an interest in the land, or other real property less than a fee simple,
or less than perpetual in duration, or subject to any easements or rights of way,
or subject to reserved or outstanding interests or rights, and there is a substantial
saving in cost by acquiring limited title or title subject to the encumbrances, reserved
or outstanding interests or rights in the land or other real property, as compared
with the cost of acquiring fee simple unencumbered title thereto, the acquiring authority
shall be and hereby is authorized and empowered, with the approval of the state properties
committee, to take and accept an interest less than a fee simple in the land or real
property, or for a limited period of time, or subject to easements, rights of way,
reserved or outstanding interests or rights, and the attorney general in that case
may approve the limited title or title subject to easements, rights of way, reservations,
or outstanding interests or rights.