North Dakota Statutes

§ 32-15-05 — What must appear before property taken

North Dakota § 32-15-05
JurisdictionNorth Dakota
Title 32Judicial Remedies
Ch. 32-15Eminent Domain

This text of North Dakota § 32-15-05 (What must appear before property taken) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.D. Cent. Code § 32-15-05 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gissel v. Kenmare Township
512 N.W.2d 470 (North Dakota Supreme Court, 1994)
27 case citations
City of Medora v. Golberg
1997 ND 190 (North Dakota Supreme Court, 1997)
21 case citations
Central Power Electric Cooperative, Inc. v. C-K, Inc.
512 N.W.2d 711 (North Dakota Supreme Court, 1994)
14 case citations
MDU v. Behm
2020 ND 234 (North Dakota Supreme Court, 2020)
7 case citations
Montana-Dakota Utilities Co. v. Behm
2019 ND 139 (North Dakota Supreme Court, 2019)
5 case citations
Wieland v. City of Fargo
2018 ND 26 (North Dakota Supreme Court, 2018)
4 case citations
City of Fargo v. Wieland
2019 ND 286 (North Dakota Supreme Court, 2019)
2 case citations
Sargent Cty. Water Resource District v. Beck
2023 ND 230 (North Dakota Supreme Court, 2023)
2 case citations
Short v. Billings County
(D. North Dakota, 2024)
Sandra Short v. Billings County
138 F.4th 1072 (Eighth Circuit, 2025)

Nearby Sections

15
View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)
North Dakota § 32-15-05, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/32-15-05.