§ 3210. Eminent domain; authority; survey

(a) A municipality shall have the right to acquire by condemnation a fee simple title or any other interest in real property which it may determine necessary for or in connection with an urban renewal project under this chapter. The powers conferred upon municipalities under this section shall be considered “urban renewal project powers” as defined in subsection 3219(b) of this title and the term “municipality,”, as used in this section, shall mean the agency, board, commissioner or officers having such powers under subsection 3219(a) of this title. The municipality shall set out the necessary lands and cause them to be surveyed. An urban renewal plan approved under subsection 3207(d) of this title may be considered to constitute such a survey.

(b) Unless two-thirds of the voters present and voting thereon at an annual or special meeting duly warned for that purpose vote otherwise, nothing in this section shall be construed to authorize the taking, by condemnation proceedings, of property of any religious, charitable, or educational society, institution, or organization, unless held or used by it for commercial purposes, without the written consent of the trustees or the governing body of such society, institution, or organization. Property already devoted to a public use may be acquired hereunder but no real property belonging to the State or any political subdivision thereof shall be acquired without its consent. (Amended 1963, No. 2, § 3, eff. Feb. 14, 1963; 1964, No. 9 (Sp. Sess.), § 1, eff. March 5, 1964.)