(1) In the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any regional solid waste management district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.
(2) The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 — 18-15-1207.
(3) As a part of the proceedings, the district shall file an environmental impact statement with the court.
(4) Nothing in this section shall allow a district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator or for which a permit for a landfill, recycling facility, or incinerator is pending.