§ 61-02-23 — Actions to acquire property rights

North Dakota § 61-02-23

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-02: Water Commission

Text

The commission shall have full power and authority:
1. To institute, maintain, and prosecute to final determination in any of the courts of this
or any other state, or in any of the federal courts, any and all actions, suits, and special
proceedings that may be necessary:
a. To enable it to acquire, own, and develop lands for irrigation and water
conservation, water distribution, and other necessary purposes. The commission
may sell such lands upon such terms and conditions as it may prescribe and may
own and hold title to lands for damsites, reservoir sites, water rights, easements,
and rights of way for diversion and distributing systems, lateral ditches, and other
means for the distribution of waters in this state, and for any other necessary
purposes.
b. To adjudicate all water rights upon any stream, watercourse, or source of water
supply from which are derived the waters for such reservoir, diversion and
distributing systems, lateral ditches, and other means of distribution.
2. To join in any action any and all owners of vested water rights acquired by any person,
association, corporation, or limited liability company, so that adjudication may be had
of all surplus water upon all of the watercourses and sources, water supplies or any
project constructed under the supervision and control of the commission.
3. To join all persons interested as parties in all actions or condemnation proceedings
affecting the title of, or holding liens upon, the property sought to be acquired as
disclosed by the public records, and the court in such actions or special proceedings
shall implead all parties necessary for a full and final determination of all issues upon
their merits for the partition and distribution of damages awarded. In the event of
controversy between such parties, the court may direct the amount of damages
awarded to be paid in or deposited with the clerk of court to abide the result of further
appropriate proceedings either in law or in equity. The taking possession of property
sought to be condemned shall not be delayed by reason of any dispute between rival

claimants or the failure to join any of them as parties to such action or condemnation
proceedings.