§ -K Eminent domain. 

The public sponsor may exercise the power of eminent domain to acquire property, rights of way, or other rights in property for projects that are necessary to develop, operate or hold an eligible facility under this Act, regardless of whether the property will be owned in fee simple by the public sponsor or whether such property will be leased to the private partner to use, lease or operate for its business purposes in connection with the public-private partnership project.