§ 40-39-02 — Taking private property by purchase or eminent domain - Special assessments levied - Limitation on general tax

assessments levied - Limitation on general tax.
If it is necessary to take private property in order to open, lay out, widen, or enlarge any
street or alley in any incorporated municipality, it shall be done by purchase or, subject to
chapter 32-15, by the exercise of the right of eminent domain. When property is purchased or a
judgment for damages is entered for property taken for any such improvement, the governing
body shall certify the purchase or judgment to the special assessment commission, which shall
levy special assessments upon the property benefited to pay such judgment or the purchase
price. Not more than three-fourths of the purchase price or judgment may be paid by the levy of
a general tax upon all the taxable property in a city.