MARVIN MANDEL, Governor                                      1065

PUBLIC UTILITY PURPOSES AND BEING UTILIZED IN
PROVIDING A PUBLIC SERVICE SHALL BE SUBJECT TO THE
CONSENT OF SUCH BOARD, COMMISSION, OR OTHER BODY OF A
SIGNATORY AS MAY HAVE REGULATORY JURISDICTION OVER THE
UTILITY OR SERVICE, UNLESS THE AFFECTED FACILITY IS TO
BE RELOCATED OR UNLESS SUCH ACQUISITION WILL NOT
AFFECT THE OPERATION OF THE UTILITY OR SERVICE,
PROVIDED, THAT IN THE EVENT OF RELOCATION THE COST
THEREOF SHALL BE PAID IN ACCORDANCE WITH THE LAW OF
THE STATE IN WHICH THE FACILITY IS LOCATED BUT ANY
SUCH COST PAYABLE BY THE COMMISSION SHALL NOT IN ANY
EVENT EXCEED THE EXPENDITURE REQUIRED TO SERVE THE
PUBLIC CONVENIENCE AND NECESSITY.

(E) EXCEPT AS LIMITED BY SECTION 9.05, WHENEVER
ANY SIGNATORY OR POLITICAL SUBDIVISION OF A SIGNATORY

OF PUBLIC UTILITY OWNS ANY LAND OR ANY EASEMENT,
RIGHT-OF-WAY OR OTHER INTEREST IN LAND WHICH IS
DEVOTED TO A PUBLIC USE, AND WHICH THE COMMISSION
DEEMS NECESSARY TO ACQUIRE, THE COMMISSION MAY ACQUIRE
BY GIFT, PURCHASE, OR BY EXERCISE OF THE POWER OF
EMINENT DOMAIN OTHER LAND OR EASEMENT, RIGHT-OF-WAY OR
INTEREST IN LAND AND CONVEY THE SAME TO SUCH
SIGNATORY, POLITICAL SUBDIVISION OR PUBLIC UTILITY FOR
USE BY IT IN EXCHANGE FOR THE LAND, EASEMENT,
RIGHT-OF-WAY, OR OTHER INTEREST IN LAND THERETOFORE
OWNED BY IT BUT NEEDED BY THE COMMISSION FOR PURPOSES
OF THIS COMPACT.

(C)    PROCEEDINGS FOR CONDEMNATION BY THE
COMMISSION SHALL BE INSTITUTED AND CONDUCTED IN THE
NAME OF THE COMMISSION AS PETITIONER WITHOUT NAMING
THE INDIVIDUALS WHO MAY BE SUCH COMMISSIONERS. THE
POWER OF CONDEMNATION SHALL BE EXERCISED IN ACCORDANCE
WITH THE PROVISIONS OF THE STATE CONDEMNATION LAW IN
FORCE IN THE SIGNATORY STATE IN WHICH THE PROPERTY IS
LOCATED. IF THERE IS NO APPLICABLE STATE
CONDEMNATION LAW, THE POWER OF CONDEMNATION SHALL BE
EXERCISED IN ACCORDANCE WITH THE PROVISIONS OF FEDERAL
CONDEMNATION LAW.

(D)   THE PURCHASE PRICE OR AMOUNT AWARDED AS
COMPENSATION IN ANY CONDEMNATION PROCEEDING SHALL BE
PAID BY THE COMMISSION, AND NONE OF THE SIGNATORIES
SHALL BE LIABLE FOR THE PAYMENT THEREOF.

(E)    IN ADDITION TO THE EXERCISE OF THE POWER OF
EMINENT DOMAIN BY THE COMMISSION AS HEREINABOVE
PROVIDED, THE APPROPRIATE OFFICIALS, AGENCIES, AND
POLITICAL SUBDIVISIONS LYING WITHIN THE BASIN, OF EACH
SIGNATORY, HAVING THE POWER OF EMINENT DOMAIN ARE