§ 49-0203. State land acquisition policy.

1. The purpose of the land acquisition program of the department and
the office is to provide for the conservation, protection, and
preservation of open space, natural, historic and cultural resources and
the enhancement of recreational opportunities.

2. The department and the office shall first consider in each
acquisition whether acquisition of conservation easement or other less
than full fee title interests would fulfill the purposes for which the
particular acquisition is sought. If it is determined that a
conservation easement or other interest would fulfill such purposes, the
department or the office will use its best efforts to acquire such
easement or interest, where practicable.

3. The department and the office shall consider future physical
climate risk due to sea level rise, and/or storm surges and/or flooding,
based on available data predicting the likelihood of future extreme
weather events, including hazard risk analysis data if applicable.

4. It is the policy of the state, acting through the department and
the office, to pursue acquisitions through voluntary agreement to the
maximum extent practicable to achieve the purposes of this article.
Accordingly, the process of eminent domain shall only be used when
reasonable efforts to obtain a voluntary agreement have been exhausted.
Notwithstanding any provision of law to the contrary, the department and
the office shall tender to the owner of any lands proposed for
acquisition by eminent domain an offer to purchase such lands for the
value thereof as determined by the department or the office in
accordance with section three hundred three of the eminent domain
procedure law. Such offer must have been made for at least ninety days
before the department or office makes a finding pursuant to article two
of the eminent domain procedure law to acquire the land by eminent
domain; however, such ninety day period shall not be required in those
cases in which the respective commissioner has made a written
determination that there is a significant risk of immediate and
irreversible environmental degradation. In the event that the department
or office undertakes the process of eminent domain and prior to the
public hearing required by section two hundred one of the eminent domain
procedure law, the respective commissioner shall give notice of such
undertaking to the state land acquisition advisory council, created
pursuant to section 49-0211 of this title. The foregoing provisions of
this paragraph shall not apply to lands acquired pursuant to article
sixteen or title thirteen of article twenty-seven of this chapter or
lands with respect to which the owner has consented to the use of
eminent domain or where the use of eminent domain is required to quiet
title.

The commissioners shall also provide the state land acquisition
advisory council with the determinations and findings required by
section two hundred four of the eminent domain procedure law.