§ 61-01-04 — Eminent domain - Who may exercise

The United States, or any person, corporation, limited liability company, or association may
exercise the right of eminent domain to acquire for a public use any property or rights existing
when found necessary for the application of water to beneficial uses, including the right to
enlarge existing structures and use the same in common with the former owner. Any canal right
of way so acquired shall be located so as to do the least damage to private or public property,

consistent with proper and economical engineering construction. Such property or rights may be
acquired in the manner provided in chapter 32-15 and the North Dakota Rules of Civil
Procedure.