18-3520.

State or public lands; right of eminent domain; limitations.

(1) Whenever it shall be necessary, in making any improvement under the provisions of the Community Improvement District Act, to enter upon or cross any state or public lands, the community improvement district shall have the right to acquire a right-of-way across the same by the exercise of the power of eminent domain.

(2) The power of eminent domain provided under the Community Improvement District Act does not extend to the following:

(a) The facilities, assets, or services of a jurisdictional utility as defined in section 66-1802; and

(b) The condemnation of property rights of a state highway or state-owned property or facility. Any proposed changes in a community improvement district to a state highway or state-owned property shall not be the responsibility of the state and shall be paid for by the developer or the city or village. The board of trustees or administrator of the community improvement district shall coordinate with the Department of Transportation for highways, or the applicable state agency for other state-owned property, concerning the proposed revisions to these properties in the community improvement district, and all concerns raised by the state shall be resolved or addressed by the board of trustees or administrator of the community improvement district in a manner acceptable to the state.