(1) At the request of the eligible private entity, the responsible public entity may exercise any power of condemnation by eminent domain that it has under law for the purpose of acquiring any lands or estates or interests therein to the extent that the responsible public entity finds that such action serves the public purpose of this chapter. Any amounts to be paid in any such condemnation proceeding may be paid by the eligible private entity.
(2) Except as provided in subsection (a), until a comprehensive agreement has been terminated, the power of condemnation may not be exercised against a qualifying transportation facility.
(3) After the comprehensive agreement has been terminated, any responsible public entity having the power of condemnation under law may exercise such power of condemnation as provided by law.