(a) Before exercising the power granted under § 65-13-706, the authority must determine that:(1) The property interest is reasonably necessary for the construction, operation, or maintenance of a transit project;(2) Good-faith negotiations consistent with this chapter have occurred between the operator and the local governmental entity;(3) After submission by the operator of a complete application to the local governmental entity pursuant to § 65-13-601, the local governmental entity denied the application of the operator by:(A) Issuing a written determination of denial pursuant to § 65-13-603; or(B) Failing to act on the application in accordance with § 65-13-605; and(4) If the property interest includes real property located at or above the surface, the acquisition will not unreasonably impair:(A) An existing public use of the property; or(B) A planned public use that is:(i) Formally adopted by ordinance or resolution of the governing body of the local governmental entity; or(ii) Identified in a formally adopted plan, policy, or program of the local governmental entity that the authority determines is reasonably likely to be implemented.
(1) The property interest is reasonably necessary for the construction, operation, or maintenance of a transit project;
(2) Good-faith negotiations consistent with this chapter have occurred between the operator and the local governmental entity;
(3) After submission by the operator of a complete application to the local governmental entity pursuant to § 65-13-601, the local governmental entity denied the application of the operator by:(A) Issuing a written determination of denial pursuant to § 65-13-603; or(B) Failing to act on the application in accordance with § 65-13-605; and
(A) Issuing a written determination of denial pursuant to § 65-13-603; or
(B) Failing to act on the application in accordance with § 65-13-605; and
(4) If the property interest includes real property located at or above the surface, the acquisition will not unreasonably impair:(A) An existing public use of the property; or(B) A planned public use that is:(i) Formally adopted by ordinance or resolution of the governing body of the local governmental entity; or(ii) Identified in a formally adopted plan, policy, or program of the local governmental entity that the authority determines is reasonably likely to be implemented.
(A) An existing public use of the property; or
(B) A planned public use that is:(i) Formally adopted by ordinance or resolution of the governing body of the local governmental entity; or(ii) Identified in a formally adopted plan, policy, or program of the local governmental entity that the authority determines is reasonably likely to be implemented.
(i) Formally adopted by ordinance or resolution of the governing body of the local governmental entity; or
(ii) Identified in a formally adopted plan, policy, or program of the local governmental entity that the authority determines is reasonably likely to be implemented.
(b) If good faith negotiations fail, then the operator may petition the authority to exercise the powers granted in § 65-13-706.
(c) Upon receipt of a petition under subsection (b), the authority shall conduct a hearing and determine whether condemnation is necessary to carry out the purposes of this chapter.
(d) If the authority determines that condemnation is necessary, then the authority may initiate a condemnation action in a court of competent jurisdiction.
(e) If the authority condemns an interest in real property owned by a local governmental entity, then the authority, upon acquiring the interest:(1) Holds the property interest in trust on behalf of this state. At such time as the authority may be dissolved or no longer exists, the property interest is deemed transferred to this state; and(2) Shall contract with the operator for the construction, operation, and maintenance of that portion of the transit project sited on the condemned property.
(1) Holds the property interest in trust on behalf of this state. At such time as the authority may be dissolved or no longer exists, the property interest is deemed transferred to this state; and
(2) Shall contract with the operator for the construction, operation, and maintenance of that portion of the transit project sited on the condemned property.
(f) A property interest acquired pursuant to this chapter must be used primarily for the purposes related to the construction, operation, or maintenance of a transit project.