§ 40-22-05 — Condemnation of land and rights of way for special improvements - Taking of possession - Trial - Appeal - Vacation of judgment

North Dakota § 40-22-05

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-22: Improvements by Special Assessment Method

Text

of possession - Trial - Appeal - Vacation of judgment.
Whenever property required to make any improvement authorized by this chapter is to be
taken by condemnation proceedings, the court, upon request by resolution of the governing
body of the municipality making such improvement, shall call a special term of court for the trial
of the proceedings and may summon a jury for the trial whenever necessary. The proceedings
shall be instituted and prosecuted in accordance with the provisions of chapter 32-15, except
that when the interest sought to be acquired is a right of way for the opening, laying out,
widening, or enlargement of any street, highway, avenue, boulevard, or alley in the municipality,
or for the laying of any main, pipe, ditch, canal, aqueduct, or flume for conducting water, storm
water, or sewage, whether within or without the municipality, the municipality may make an offer
to purchase the right of way and may deposit the amount of the offer with the clerk of the district
court of the county wherein the right of way is located, and may thereupon take possession of
the right of way forthwith. The offer shall be made by resolution of the governing body of the
municipality, a copy of which shall be attached to the complaint filed with said clerk of court in
accordance with section 32-15-18. The clerk shall immediately notify the owner or owners of the
land wherein the right of way is located of the deposit, by causing a notice to be appended to
the summons when served and published in said proceedings as provided in the North Dakota
Rules of Civil Procedure, stating the amount deposited or agreed in the resolution to be
deposited. The owner may thereupon appeal to the court by filing an answer to the complaint in
the manner provided in the North Dakota Rules of Civil Procedure, and may have a jury trial,
unless a jury be waived, to determine the damages. However, upon due proof of the service of
said notice and summons and upon deposit of the aggregate sum agreed in said resolution, the
court may without further notice make and enter an order determining the municipality to be
entitled to take immediate possession of the right of way. If under laws of the United States
proceedings for the acquisition of any right of way are required to be instituted in or removed to
a federal court, the proceedings may be taken in that court in the same manner and with the
same effect as provided in this section and the clerk of the district court of the county in which
the right of way is located shall perform any and all of the duties set forth in this section, if
directed to do so by the federal court. The proceedings shall be determined as speedily as
practicable. An appeal from a judgment in the condemnation proceedings shall be taken within
sixty days after the entry of the judgment, and the appeal shall be given preference by the
supreme court over all other civil cases except election contests. No final judgment in the
condemnation proceedings awarding damages to property used by a municipality for street,
sewer, or other purposes shall be vacated or set aside if the municipality shall pay to the
defendant, or shall pay into court for the defendant, in cash, the amount so awarded. The
municipality may levy special assessments to pay all or any part of the judgment and at the time
of the next annual tax levy may levy a general tax for the payment of the part of the judgment as
is not to be paid by special assessment. For the purpose of providing funds for the payment of
the judgment, or for the deposit of the amount offered for purchase of a right of way as provided
above, the municipality may issue warrants on the fund of the improvement district as provided
in section 40-24-19, in anticipation of the levy and collection of special assessments and of any
taxes or revenues to be appropriated to the fund in accordance with the provisions of this title.
The warrants may be issued upon the commencement of the condemnation proceedings or at
any time thereafter. Upon the failure of the municipality to make payment in accordance with this
section, the judgment in the condemnation proceedings may be vacated.