48-4856. Acquisition of property; limited eminent domain authority; survey rights

A. The legal title to all property and property rights acquired under this chapter vests in the district and shall be held for the uses and purposes prescribed by this chapter.

B. The board may:

1. Acquire, hold, manage, occupy and possess property as provided by this chapter.

2. Take conveyances for all property acquired by the district in the name of the district.

3. Sell, lease, exchange or otherwise dispose of any property of the district which is no longer necessary or suitable for the uses and purposes of the district and execute, acknowledge and deliver all such conveyances, leases, contracts or other instruments as the board deems necessary.

4. Institute and maintain actions and proceedings necessary to enforce, maintain, protect or preserve all rights, privileges and immunities created or granted by this chapter relating to acquiring, owning and disposing of property.

C. The board may institute condemnation proceedings in the name of the district, and all statutes of this state relating to the exercise of eminent domain apply to the proceedings, except that the board may not exercise the right of eminent domain:

1. Outside of the active management area.

2. To condemn land or existing projects or facilities owned by any governmental entity or person for the purpose of condemning water rights or existing water production, delivery or storage systems.

3. To acquire electrical facilities, whether real or personal property, or to make an extension or addition in order to serve areas that are already lawfully served.

D. Agents, employees and representatives of the board may enter any land on reasonable notice to the owner or occupant to survey or locate necessary works, rights-of-way or structures for the purposes of the district.