North Dakota Statutes
§ 32-15-05 — What must appear before property taken
North Dakota § 32-15-05
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.
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Related
Gissel v. Kenmare Township
512 N.W.2d 470 (North Dakota Supreme Court, 1994)
City of Medora v. Golberg
1997 ND 190 (North Dakota Supreme Court, 1997)
Central Power Electric Cooperative, Inc. v. C-K, Inc.
512 N.W.2d 711 (North Dakota Supreme Court, 1994)
MDU v. Behm
2020 ND 234 (North Dakota Supreme Court, 2020)
Montana-Dakota Utilities Co. v. Behm
2019 ND 139 (North Dakota Supreme Court, 2019)
Wieland v. City of Fargo
2018 ND 26 (North Dakota Supreme Court, 2018)
City of Fargo v. Wieland
2019 ND 286 (North Dakota Supreme Court, 2019)
Sargent Cty. Water Resource District v. Beck
2023 ND 230 (North Dakota Supreme Court, 2023)
Short v. Billings County
(D. North Dakota, 2024)
Sandra Short v. Billings County
138 F.4th 1072 (Eighth Circuit, 2025)
Nearby Sections
15
§ 32-01-01
Remedies - Classification§ 32-01-02
Action defined§ 32-01-03
Actions - Classification§ 32-01-04
Special proceeding defined§ 32-01-05
Criminal action defined§ 32-01-06
Civil action defined§ 32-01-07
Process in civil action§ 32-01-08
Civil and criminal remedies not merged§ 32-01-10
Provisional remedies classified§ 32-01-12
Conditions of relief from forfeiture§ 32-02-01
Qualifications of sureties - Personal§ 32-02-02
Exception to suretiesCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 32-15-05, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/32-15-05.