Effective - 28 Aug 2019, 2 histories
253.403. Property, acquired how — condemnation prohibited — award of grants, procedure, rulemaking authority. — 1. From the moneys in the historic preservation revolving fund, upon appropriation by the general assembly, the department of natural resources may acquire, preserve, restore, hold, maintain or operate any historic properties, together with such adjacent or associated lands as may be necessary for their protection, preservation, maintenance or operation, or may award grants to preserve, protect, or restore historic county courthouses and historic county courthouse grounds. Acquisition of historic property may include acquiring the fee simple title or any lesser interest therein. Property may be acquired by gift, grant, bequest, devise, lease, purchase or otherwise, but not by condemnation.
2. The department of natural resources is authorized to award grants to preserve, protect, or restore historic county courthouses and historic county courthouse grounds in accordance with rules the department shall promulgate. The department of natural resources shall administer and act as the fiscal agent for the grant program and shall be responsible for receiving and reviewing grant applications and awarding any grants under this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2019, shall be invalid and void.
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(L. 1979 S.B. 127 § 4, A.L. 2019 S.B. 196)