32-15-04. What property may be taken.
940 words·~4 min read·
/nd/title-32/chapter-32-15-eminent-domain/32-15-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The private property which may be taken under this chapter includes:
1. All real property belonging to any person.
2. Lands belonging to this state or to any county, city, or park district, not appropriated to
some public use.
3. Property appropriated to public use, but such property shall not be taken unless for a
more necessary public use than that to which it has been appropriated already, and
use by a public corporation shall be deemed a more necessary public use than use for
the same purpose by a private corporation or limited liability company, and whenever a
right of way shall have been taken and the person, firm, corporation, or limited liability
company taking such right of way shall fail or neglect for five years to use the same for
the purpose to which it had been appropriated, the attempt by another person, firm,
corporation, or limited liability company to appropriate such right of way shall be
considered a more necessary public use.
4. Franchises for toll roads, toll bridges, ferries, and all other franchises, but such
franchises shall not be taken unless for free highways, railroads, or other more
necessary public use.
5. Any system of waterworks, electric light and power plant, wells, reservoirs, pipelines,
machinery, franchises, and all other property of any character whatsoever comprising
a waterworks system or an electric light and power system.
6. All rights of way for any and all the purposes mentioned in section 32-15-02 and any
and all structures and improvements thereon, and the lands held or used in connection
therewith, shall be subject to be connected with, crossed, or intersected by any other
right of way or improvement or structure thereon. They also shall be subject to a
limited use in common with the owner thereof when necessary, but such uses,
crossings, intersections, and connections shall be made in the manner most
compatible with the greatest public benefit and the least private injury. 7. All classes of private property not enumerated may be taken for public use when such
taking is authorized by law.
32-15-05. What must appear before property taken. Before property can be taken it must appear: 1. That the use to which it is to be applied is a use authorized by law. 2. That the taking is necessary to such use. 3. If already appropriated to some public use, that the public use to which it is to be
applied is a more necessary public use.
32-15-06. Entry for making surveys. 1. a. In a case in which land is required for public use, the person or the person's
agents in charge of the use may survey and locate the land after providing the
owner on the tax list a written notice of intent to survey. The notice must contain
the name, proposed completion date, type, proposed route or location of the
project associated with the survey, nature of the work the person in charge of the
public use intends to complete, and the name, telephone number, physical
address, and mailing address of the person in charge of the public use.
b. The person in charge of the public use shall deliver the notice to the owner on the
tax list through certified mail. The person in charge of the public use may not
survey the land until thirty days after delivery of the notice, unless the owner
consents to an earlier survey date. If the person in charge of the public use fails
to survey the land within ninety days of delivery of the notice, the person shall
deliver a new notice of intent to survey through certified mail. A survey conducted
under a subsequently issued notice of intent to survey must be conducted in
accordance with the timeline established under this subdivision. 2. The survey and location of the condemner's project must be located in the manner
which will be compatible with the greatest public benefit and the least private injury
and subject to section 32-15-21. 3. The person in charge of the public use may enter upon the land and make
examinations, surveys, and maps of the land in accordance with subsection 1, and the
entry does not constitute a claim for relief in favor of the owner of the land except for
injuries resulting from negligence, wantonness, or malice.
32-15-06.1. Duty to negotiate - Just compensation - Appraisals. 1. A condemnor shall make every reasonable and diligent effort to acquire property by
negotiation. 2. Before initiating negotiations for the purchase of property, the condemnor shall
establish an amount which it believes to be just compensation therefor and promptly
shall submit to the owner an offer to acquire the property for the full amount so
established. The amount shall not be less than the condemnor's approved appraisal or
written statement and summary of just compensation for the property. 3. In establishing the amount believed to be just compensation, the condemnor shall
disregard any decrease or increase in the fair market value of the property caused by
the project for which the property is to be acquired or by the reasonable likelihood that
the property will be acquired for that project, other than a decrease due to physical
deterioration within the reasonable control of the owner.
4. The condemnor shall provide the owner of the property with a written appraisal, if one
has been prepared, or if one has not been prepared, with a written statement and
summary, showing the basis for the amount it established as just compensation for the
property. If appropriate, the compensation for the property to be acquired and for the
damages to remaining property shall be separately stated.