§ 32-15-03 — What estate subject to be taken

The following is a classification of the estates and rights in lands subject to be taken for
public use:
1. A fee simple, when taken for public buildings or grounds, for permanent buildings, for
reservoirs and dams and permanent flooding occasioned thereby, for an outlet for a
flow or a place for the deposit of debris or tailings of a mine, or for the construction of
parking lots and facilities for motor vehicles.
2. An easement, when taken for highway purposes or for any other use except, upon a
proper allegation of the need therefor, the court shall have the power to order that a
fee simple be taken for such other use.
3. The right of entry upon and occupation of lands and the right to take therefrom such
earth, gravel, stones, trees, and timber as may be necessary for a public use.
However, the provisions of this section shall not authorize the state or any political subdivision
thereof to obtain any rights or interest in or to the oil, gas, or fluid minerals on or underlying any
estate or right in lands subject to be taken for a public use.