Section 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. 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.