Eminent domain

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  1. (a) The right and power of eminent domain is conferred upon a district to enter upon, take, and condemn private property for the construction of improvements described in the plan of improvement, and the right and power of eminent domain conferred shall be exercised by the district in accordance with the procedures in §§ 18-15-301 — 18-15-307, as amended.

  2. (b) The right and power conferred shall include without limitation the right and power to enter upon lands and proceed with the work of construction prior to the assessment and payment of damages and compensation upon posting a deposit by the district in accordance with the procedure described in §§ 18-15-301 — 18-15-303, as amended.

  3. (c) The rights and powers granted in this section shall apply outside the boundaries of the municipality if the board of commissioners determines in writing that the exercise of the powers is necessary to accomplish the plan of improvement.

  4. (d) The rights and powers granted in this section shall not apply outside the boundaries of the county in which the municipality is located nor shall the rights and powers apply within the boundaries of another municipality within the county.


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