(1) If the chief engineer deems it desirable to establish, open, relocate, widen, add mass transit to, or otherwise alter a portion of a state highway, negotiations to acquire the land have failed, and the chief engineer determines that filing a petition in condemnation pursuant to article 1 of title 38 is necessary or if the commission otherwise so requires, the chief engineer shall make a written report to the commission describing the portion of the highway to be established, opened, added to, or changed and the land of each landowner to be acquired by a petition in condemnation. The chief engineer shall accompany the report with a map showing the present and proposed boundaries of the portion of the highway to be established, opened, added to, or changed, together with an estimate of the damages and benefits accruing to each landowner against whose land a petition in condemnation will be filed. The chief engineer may also acquire land by purchase or exchange or through negotiations prior to the filing of a petition in condemnation and is not required to provide any information about land so acquired to the commission under this section. (2) If, upon receipt of the report and after providing ten days' written notice to the affected landowner of the date, time, and location of the commission meeting at which a resolution to authorize a proposed action and the filing of a petition in condemnation for land will be considered, which notice shall be sent by first-class mail to the mailing address, if any, of the land that is the subject of the resolution and any other mailing address of the landowner used for purposes of negotiations with the landowner, and providing the landowner with an opportunity to be heard at the meeting, the commission decides that public interest or convenience will be served by the proposed action and the filing of a petition in condemnation for the land pursuant to article 1 of title 38, it shall adopt a resolution approving the action and the filing of a petition in condemnation for the land. Thereupon the commission, acting through the department, shall proceed in the acquisition of the land, under articles 1 to 7 of title 38, without tender or other proceedings under this part 2. (3) Repealed. (4) Notwithstanding any other provision of this section, the commission may not acquire through condemnation any interest in oil, natural gas, or other mineral resources beneath land acquired as authorized by this section except to the extent required for subsurface support.
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