The Tribes is hereby authorized and empowered to condemn land and property, or interests in property, for any public use as defined in this section.
(1) 
Infrastructure. The Tribes may condemn land and property for infrastructure, including but not limited to streets, avenues, alleys, highways, bridges, approaches, culverts, drains, ditches, public squares, public markets, administrative buildings, schools, utility lines, public safety facilities, and other public buildings and for the construction, opening and widening, widening and extending, altering and straightening of any street, avenue, alley or highway, or for the construction of slopes or retaining walls for cuts and fills upon real property abutting on any street, avenue, alley or highway now ordered to be, or such as shall hereafter be, ordered to be opened, extended, altered, straightened or graded, or to condemn land or property, or to damage the same for drains and sewers, hospitals, public parks and other public spaces, including spaces for cultural or ceremonial use.
(2) 
Economic Development. The Tribes may condemn land for economic development projects, housing projects, and other public uses. Public use does not require that the condemned land be made open to the general public.
(3) 
Environment. The Tribes may condemn land and property for the purpose of draining swamps, marshes, tidelands, tide flats or ponds, or filling the same, or for the purpose of environmental restoration and conservation, including for the protection of coastal bluffs, beaches, tidelands and other shoreline features, or for the purpose of building aqueducts, reservoirs, pumping stations and other structures for conveying into and through the reservation a supply of fresh water, and for the purpose of protecting such supply of fresh water from pollution.
(4) 
Health, Safety, and Welfare. The Tribes may condemn land and property in blighted areas, property that constitutes a nuisance or is unfit for human habitation, or property that otherwise poses a threat to the health, safety, or general welfare of the Tribes, Tribal members, or the public.
(5) 
Any Other Public Use. The Tribes may condemn land and other property for any other public or quasi-public use.
(Res. 2024-611)
The owners of any land condemned under this chapter shall receive just compensation for the land condemned. Just compensation is measured by the fair market value of the property.
(1) 
Determination and Award. Compensation shall be determined and awarded according to the procedures described in this chapter. Just compensation is based upon the property interest’s value on the date that the Board votes to acquire the condemnee’s property and does not include changes in the value of the property caused by a project for which the property is condemned. No damages shall be paid for any improvement when, at the time of building or acquiring the improvement, an individual knew or with reasonable diligence should have known that the area was subject to condemnation proceedings.
(2) 
Leasehold Interest. If the condemned property is owned by the Tribes and occupied by a lessee, the lessee is entitled to the fair rental value of the property and the fair market value of the fixture. Fair rental value is measured by the value of the use and occupancy of the leasehold for the remainder of the tenant’s term, less the agreed rent which the tenant would pay.
A tenant may contractually modify the division of any condemnation award through their own private agreement with a private landowner or, in the case of a lease with the Tribes, with the Tribes itself. Tenants may contract away any and all of their rights to compensation upon condemnation.
(Res. 2024-611)