If the owner shall fail to comply with such request, a municipality in which all or a portion of such dam is located may take, by eminent domain proceedings before the department as provided in this subdivision, such dam and other real estate, franchises, easements, flowage and other property, wherever located, necessary or desirable in the opinion of the department to enable the municipality to construct, maintain, repair, own and operate the same. Eminent domain proceedings may not be taken by a municipality pending an appeal and final determination of such appeal.
Source. 1989, 339:1. 1996, 228:106, eff. July 1, 1996.