§ 14-207-106 - Exercise of power of eminent domain.
               	 		
14-207-106.    Exercise of power of eminent domain.
    (a)  At  the conclusion of the six-month notification period, in the event that  agreement is not reached pursuant to    14-207-103(a) or (b), or the  municipality and the electric public utility disagree on the valuations  described in    14-207-104, but no later than three (3) years from  certification of annexation or three (3) years from termination of any  franchise agreement authorized by this subchapter, the municipality may,  after paying, or, if applicable, commencing payment of, any amounts not  in dispute and depositing into the registry of the court the amount in  dispute, or such lesser amounts as the court, after hearing, determines  to be just, exercise the right and power of eminent domain under the  procedures of    18-15-301 et seq., and may take possession of the  properties and facilities and commence service to the customers as of  the date it makes the deposit; provided, however, that any compensation  or damages for the properties, facilities, and customers taken shall be  determined in accordance with    14-207-104.
(b)  The  date of taking for the purposes of this subchapter shall be either the  date the deposit authorized by this section is made or, in the event no  deposit is made, the date of the court award.