§ 32-15-04 — What property may be taken

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.