(1) The Department of Parks, Heritage, and Tourism is authorized to acquire, by purchase, gift, or devise, interest in real property less than fee interest, including, but not limited to, easements for the purpose of establishing trails for public hiking and for related purposes over lands contiguous to lands controlled by the department.
(2) The interest in real property less than fee interest shall be acquired solely by gift or devise from the owner of the interest or by negotiating and contracting with the owner for the interest.
(3) Under no circumstances shall the interest be acquired by the department under the power of eminent domain.