North Dakota Statutes
§ 61-01-04 — Eminent domain - Who may exercise
North Dakota § 61-01-04
This text of North Dakota § 61-01-04 (Eminent domain - Who may exercise) 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 § 61-01-04 (2026).
Text
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.
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Related
Mougey Farms v. Kaspari
1998 ND 118 (North Dakota Supreme Court, 1998)
Nearby Sections
15
§ 61-01-01
Waters of the state - Public waters§ 61-01-01.1
Reciprocal rights of riparian owners§ 61-01-02
Right to use water - Basis - Waters appropriated for irrigation purposes - Priority in time§ 61-01-04
Eminent domain - Who may exercise§ 61-01-06
Watercourse and waterway - Definitions§ 61-01-07
Obstruction of watercourses - Penalty§ 61-01-08
Obstructing navigation - Penalty§ 61-01-09
Destruction of dams - Penalty§ 61-01-11
Removing or injuring piles - PenaltyCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 61-01-04, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/61-01-04.