36-1407. Eminent domain
A. A city, town or county may acquire by the exercise of eminent domain any real property which it deems necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described is necessary for such purposes. A city, town or county may exercise the power of eminent domain in the manner provided by title 12, chapter 8, article 2 or 3 or in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Title to property so acquired shall be taken in the name of the city, town or county.
B. Property already devoted to a public use may be acquired in like manner, but property belonging to the federal government, a registered Indian tribe, the state or any political subdivision shall not be acquired without its consent.
C. A public housing authority may exercise the power of eminent domain. The power of eminent domain may also be exercised on behalf of a public housing authority. This power shall only be exercised in relation to the provision of low income housing pursuant to this article. A public housing authority that acts on behalf of a city, town or county may exercise the power of eminent domain and may take property title in the name of that authority if it first obtains the written approval by resolution of the governing body that controls its acts and existence pursuant to this article.
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