SECTION 155:10-1-15. Eminent domain

  The Conservation District's procedure concerning eminent domain when revolving funds are used shall be as follows:

(1)   Such eminent domain procedure shall be used only as a last resort by the Conservation District and such Conservation District shall exhaust all other feasible avenues open to the Conservation District;

(2)   The Conservation District, once eminent domain is decided to be the only procedure available, will assume all cost in such proceedings and shall provide an itemized statement of such costs to the Commission once the proceeding has come to an end; and

(3)   The Conservation District shall notify the Commission that such eminent domain proceeding is to be used at least ten (10) days prior to the next following monthly Commission meeting. Such notice shall contain at least:

(A)   a statement of facts surrounding the proceeding,

(B)   the project in which the proceedings will implement, and

(C)   the reason eminent domain proceedings are being utilized.