Title 19 Environmental Quality Code Chapter 9 Hazardous Waste Facilities Management Act Section 106 Acquisition of sites by authority -- Property vested in state on disincorporation of authority.
19-9-106.Acquisition of sites by authority -- Property vested in state on
disincorporation of authority.
(1) The authority is authorized, pursuant to Title 78B, Chapter 6, Part 5, Eminent
Domain, to acquire sites sufficient in number to meet the hazardous waste treatment, storage, and
disposal needs of the state if, in the judgment of the authority, private operators are not
adequately meeting such needs. Exercise of the power of eminent domain to acquire such sites is
declared to be for a public purpose and use.
(2) Before the purchase or condemnation of any site by the authority, the board shall
certify that the site meets the standards for eventual incorporation into an approved hazardous
waste operations plan.
(3) If the authority is disincorporated for any reason, all its property shall vest in, and
become the property of, the state, which shall succeed to all the rights and liabilities of the
authority which exist at the time of vestiture in the state.
Amended by Chapter 3, 2008 General Session
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