§5509. Acquisition of lands.  


Latest version.
  • (a) Authorization.--

    (1) Except as set forth in paragraph (2), the authority has the power to acquire by purchase or eminent domain proceedings either the fee or the rights, title, interest or easement in such lands as the authority deems necessary for any of the purposes of this chapter.

    (2) The right of eminent domain does not apply to any of the following:

    (i) Property devoted to a public use.

    (ii) Property of a public service company.

    (iii) Property used for burial purposes.

    (iv) A place of public worship.

    (v) Property which on June 5, 1947, with respect to the appropriate municipality was used as a facility for the parking of motor vehicles as long as:

    (A) the property is continuously so used; and

    (B) the operation of the facility complies with parking and traffic ordinances of the municipality.

    (b) Exercise.--

    (1) The right of eminent domain shall be exercised by the authority in the manner provided by law for the exercise of such right by the parent municipality.

    (2) Viewers may take into consideration and may assess damages for expenses incurred for the removal of fixtures, equipment and merchandise.

    (3) The right of eminent domain under this section may be exercised only within the municipality in which the authority is located.

    (c) Priority.--Court proceedings necessary to acquire property or property rights for purposes of this chapter shall take precedence over all causes not involving the public interest in all courts so that the provision of parking facilities may be expedited.