§ 2299a. Eminent domain; solid waste management districts (a) A solid waste management district organized pursuant to chapter 121 of this title or by charter, may acquire property, or some easement or other rights in property, in order to construct and operate a sanitary landfill including suitable buffer areas and transfer stations and other solid waste facilities located on the landfill site, by condemnation as provided in this subchapter. (b) A solid waste management district may condemn only property, easements or rights in property lying within the boundary of the district at any time after June 28, 1991. However, withdrawal of a municipality from membership in the district before November 1, 1991 shall terminate condemnation proceedings with respect to property, easements, and interests in property lying within that municipality. (c) This subchapter may not be used to condemn property, easements, or other rights in property at solid waste management facilities actually operated by any person at any time during the three years before a petition is filed under this subchapter under either transitional authorizations issued on or before August 1, 1987 or interim, provisional, or final certifications issued by the Agency of Natural Resources.
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