§ 61-35-51 — Condemnation of land and rights of way for special improvements - Taking of possession - Trial - Appeal - Vacation of judgment

North Dakota § 61-35-51

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-35: Water Districts

Text

of possession - Trial - Appeal - Vacation of judgment.
When 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 board of the district
making the improvement, shall call a special term of court for the trial of the proceedings and
may summon a jury for the trial. The proceedings must be instituted and prosecuted in
accordance with chapter 32-15, except that when the interest sought to be acquired is a right of
way for the laying of any main, pipe, ditch, canal, aqueduct, or flume for conducting water, storm
water, or sewage, whether within or without the district, the district 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 in which the right of way is located, and may then take possession of the
right of way. The offer must be made by resolution of the board of the district, and a copy of the
resolution must be attached to the complaint filed with the clerk of court in accordance with
section 32-15-18. The clerk shall immediately notify the owners of the land on which the right of
way is located of the deposit by causing a notice to be appended to the summons when served
and published in the 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 then
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 is waived, to determine
the damages. However, upon due proof of the service of the notice and summons and upon
deposit of the aggregate sum agreed in the resolution, the court may without further notice
make and enter an order determining the district 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 the clerk is directed to do so by the federal court. The
proceedings must be determined as speedily as practicable. An appeal from a judgment in the
condemnation proceedings must be taken within sixty days after the entry of the judgment and
appeal must 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 district for sewer or other purposes may be vacated or set aside if the district pays to
the defendant, or into court for the defendant, the amount awarded in cash. The district may
levy special assessments within the district to pay all or part of the judgment. To provide funds
for the payment of the judgment or for the deposit of the amount offered for purchase of a right
of way, the district may issue bonds on the fund of the improvement district as provided in
section 61-35-84, in anticipation of the levy and collection of special assessments or revenues
to be appropriated to the fund in accordance with this chapter. The bonds may be issued upon
or after the commencement of the condemnation proceedings. Upon the failure of the district to
make payment in accordance with this section, the judgment in the condemnation proceedings
may be vacated.