7-15-4462. Exercise of power of eminent domain. (1) After the adoption by it of a resolution declaring that the acquisition of the property described therein is in the public interest and necessary for public use, the authority shall have the right to acquire by eminent domain any real property, including fixtures and improvements, which it may deem necessary to carry out the purposes of this part and part 45.
     (2) The authority may exercise the power of eminent domain pursuant to the provisions of either:
     (a) Title 70, chapter 30; or
     (b) Any other applicable statutory provisions for the exercise of the power of eminent domain.
     (3) Property already devoted to a public use may be acquired, provided that no property belonging to any city or municipality within the boundaries of the authority or to any government may be acquired without its consent and that no property belonging to a public utility corporation may be acquired without the approval of the commission or other officer or tribunal, if there be any, having regulatory power over such corporation.

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