Any owner of land that has been nominated for acquisition and is subject to the notice requirements of this section may submit a properly sworn affidavit to the board indicating the owner's unwillingness to sell.__The affidavit is notice to the board that continued evaluation of that land is inappropriate and, unless the board intends to acquire an interest in the land through the use of eminent domain pursuant to section 6410, the board may not consider that land for acquisition.

§6409.__Acquisition criteria

1.__Determination of state significance.__In determining whether a proposed acquisition may be funded, in full or in part, by the fund, the board shall consider whether the site is of state significance and:

A.__Is appropriate for the practice of sustainable forestry; and

B.__Provides nonmotorized or motorized public access to recreation opportunities and natural resources.

2.__Nonqualifying expenditures. The board may not fund facilities for organized recreational activities, including, but not limited to, ballparks, tennis courts or playgrounds.

§6410. Use of eminent domain

The board may expend funds to acquire an interest in land obtained by the use of eminent domain only if the acquisition has been approved by a 2/3 vote of the Legislature or is with the consent of the owner or owners of the land, as the identity and address of the owner or owners is shown on the tax maps or other tax records of the municipality in which the land is located.__ For purposes of this section, if the land is located within the unorganized territory the identity of the owner or owners must be