§ 5014. Acquisition of property
The Authority may acquire real property, or any interest in it, by eminent domain in accordance with the provisions of sections 110 through 124 of this title; provided, however, that:
(1) No property already appropriated to public use shall be so taken except to the extent and for the purposes permitted by sections 110 through 124 of this title.
(2) No facility for the generation, transmission, or distribution of electric power and energy owned by any person shall be so taken except for the purpose of acquiring property or rights in it in order to permit the crossing of existing transmission or distribution facilities. Any taking under sections 110 through 124 of this title shall be governed by the provisions of these sections which are applicable to public utilities.
(3) No site for a project for which any utility had filed an application for a preliminary permit or a license from the Federal Energy Regulatory Commission on or before November 1, 1977 shall be so taken until such time, if ever, that the application is denied, and no further renewals or appeals are available to the utility, or the utility abandons its application, permit, or license. (Added 1979, No. 78, § 3.)
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