§ 72-5-402. Public purpose.

(1) The Legislature finds and declares that the planning and preservation of transportation corridors is a public purpose, that the acquisition of public rights in private property for possible use as a transportation corridor years in advance is a public purpose, and that acquisition of public rights in private property for possible use as alternative transportation corridors is a public purpose, even if one or more of the transportation corridors is eventually not used for a public purpose, so long as reasonable evidence exists at the time of acquisition that the transportation facility will be developed within the time period established under this part.

(2) The Legislature finds and declares that the acquisition of private property rights for the preservation of transportation corridors should be done on a voluntary basis and not by the use of eminent domain powers.

Amended by Chapter 300, 2003 General Session