§ 82-570. Dominant right of eminent domain.  


Latest version.
  • Said board, where necessary for the purpose of this act, shall have dominant right of eminent domain over the right of eminent domain of railroad, telegraph, telephone, gas, water power and other companies and corporations, and over townships, villages, counties and cities. In the exercise of this right due care shall be taken to do no unnecessary damage to other public utilities, and, in case of failure to agree upon the mode and terms of interference, their operation or usefulness shall not be interfered with beyond the actual necessities of the case, due regard being paid to the other public interest involved.

    Oil, gas and minerals are specifically excluded from the right to condemn, except to the extent necessary to prevent activities adversely affecting the purposes of the district.

Laws 1923-24, c. 139, p. 171, § 18; Laws 1967, c. 382, § 4, emerg. eff. May 23, 1967.