A.  At the request of the private entity, the authority may exercise any power it has under La. Rev. Stat. 48:2079 for the purpose of acquiring lands or estates or interests in such to the extent that the authority finds that such action serves the public purpose of this Chapter.

B.  Except as provided in Subsection A of this Section, until a court of competent jurisdiction has entered a final declaratory judgment that a material default has occurred and is continuing to occur, the authority may not exercise its power under La. Rev. Stat. 48:2079 or 2084.8 against a qualifying transportation facility.

C.  After the entry of a final order, the authority may exercise such power in lieu of or at any time after taking over the transportation facility to acquire the qualifying transportation facility.  Nothing in this Chapter shall be construed to limit the authority’s exercise of its power to expropriate a qualifying transportation facility after the entry of a final declaratory judgment order pursuant to Subsection B of this Section.  The private entity, to the extent of its capital investment, may participate in the expropriation proceedings and shall have the same standing as a property owner.

Acts 2006, No. 304, §1.