1-36A-1.17. Condemnation of private property authorized--Private property defined--Procedure.
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/sd/title-1/chapter-1-36/1-36a-1-17·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Department of Human Services may condemn private property for public use. For the purposes of this section, private property includes that portion of any street, alley, or other public highway along both sides of which the land is owned by the state. If the Department of Human Services considers it necessary to condemn any private property for the purpose of erecting or repairing any building or extending grounds and premises of any of the institutions of the state of which the department has control, the secretary of human services shall, by proper resolution and order, declare such condemnation necessary, stating the purposes and extent thereof, and shall notify the attorney general.
Thereupon, the condemnation shall proceed, in the name of the state as plaintiff, as provided in chapter 21-35 .