32-15-02. Purposes for which exercised.
470 words·~2 min read·
/nd/title-32/chapter-32-15-eminent-domain/32-15-02·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:
1. All public uses authorized by the government of the United States.
2. Public buildings and grounds for the use of the state and all other public uses
authorized by the legislative assembly of the state.
3. Public buildings and grounds for the use of any county, city, park district, or school
district; canals, aqueducts, flumes, ditches, or pipes for conducting water for the use of
the inhabitants of any county or city, or for draining any county or city; raising the
banks of streams, removing obstructions therefrom, and widening, deepening, or
straightening their channels; roads, streets, and alleys, and all other uses for the
benefit of any county, city, or park district, or the inhabitants thereof, which may be
authorized by the legislative assembly, but the mode of apportioning and collecting the
costs of such improvement shall be such as may be provided in the statutes by which
the same may be authorized.
4. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and
turnpike roads, railroads and street railways, electric light plants and power
transmission lines and canals, ditches, flumes, aqueducts, and pipes for public
transportation, supplying mines, and irrigating, draining, and reclaiming lands.
5. Roads, tunnels, ditches, flumes, pipes, and dumping places for working mines, outlets,
natural or otherwise, for the flow, deposit, or conduct of the tailings or refuse from
mines and mill dams.
6. Byroads leading from highways to residences and farms.
7. Telegraph and telephone lines.
8. Sewage disposal of any city, or of any settlement consisting of not less than ten
families, or of any public buildings belonging to the state, or of any college or
university.
9. Cemeteries and public parks.
10. Oil, gas, coal, and carbon dioxide pipelines and works and plants for supplying or
conducting gas, oil, coal, carbon dioxide, heat, refrigeration, or power for the use of
any county, city, or the inhabitants thereof, together with lands, buildings, and all other
improvements in or upon which to erect, install, place, maintain, use, or operate
pumps, stations, tanks, and other machinery or apparatus, and buildings, works, and
plants for the purpose of generating, refining, regulating, compressing, transmitting, or
distributing the same, or necessary for the proper development and control of such
gas, oil, coal, carbon dioxide, heat, refrigeration, or power, either at the time of the
taking of said property or for the future proper development and control thereof.
11. Lands sought to be acquired by the state or any duly authorized and designated state
official or board, which lands necessarily must be flooded in widening or raising the
waters of any body or stream of navigable or public water in the state of North Dakota.