Property Rights

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Sec. 10. (a) The department may, on behalf of the state, acquire nature preserves by gift, devise, purchase, exchange, condemnation, or any other method of acquiring real property or an estate, an interest, or a right in real property. However, an interest owned by the state or by a subdivision of the state may be dedicated only by voluntary act of the agency having jurisdiction. The department may acquire the fee simple interest in an area or a lesser estate, interest, or right in an area, including any of the following:

(1) A leasehold estate.

(2) An easement:

(A) either:

(i) appurtenant; or

(ii) in gross; and

(B) either:

(i) granting the state specified rights of use;

(ii) denying to the grantor specified rights of use; or

(iii) both.

(3) A license.

(4) A covenant.

(5) Other contractual rights.

(b) A nature preserve may be acquired voluntarily for the consideration that the department considers advisable or without consideration.

[Pre-1995 Recodification Citation: 14-4-5-6(a).]

As added by P.L.1-1995, SEC.24.


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