7-15-4462. Exercise of power of eminent domain. (1) After the adoption by the authority of a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for public use, the authority may acquire by eminent domain any real property, including fixtures and improvements, that it considers necessary to carry out the purposes of part 45 and this part.
     (2) The authority shall exercise the power of eminent domain pursuant to the provisions of Title 70, chapter 30.
     (3) Property already devoted to a public use may be acquired, provided that:
     (a) property belonging to any city or municipality within the boundaries of the authority or belonging to any government may not be acquired without the government's consent; and
     (b) property belonging to a public utility corporation may not be acquired without the approval of the commission or other officer or tribunal having regulatory power over the corporation if the utility is subject to regulatory power.

     History: En. Sec. 11, Ch. 140, L. 1935; re-en. Sec. 5309.11, R.C.M. 1935; R.C.M. 1947, 35-111; amd. Sec. 24, Ch. 125, L. 2001.