70-30-101. Eminent domain defined. Eminent domain is the right of the state to take private property for public use. This right may be exercised in the manner provided in this chapter. History: En. Sec. 579, p. 189, L. 1877; re-en. Sec. 579, 1st Div. Rev. Stat. 1879; re-en. Sec. 597, 1st Div. Comp. Stat. 1887; amd. Sec. […]
70-30-102. Public uses enumerated. Subject to the provisions of this chapter, the right of eminent domain may be exercised for the following public uses: (1) all public uses authorized by the government of the United States; (2) public buildings and grounds for the use of the state and all other public uses authorized by the legislature of the […]
70-30-103. What property may be taken. (1) The property that may be taken under this chapter includes: (a) all real property belonging to any person; (b) land that belongs to this state or to any county, city, or town and that is not appropriated to some public use; (c) property appropriated to a public use, but the property may […]
70-30-104. What estates and rights in land may be taken. (1) The following is a classification of the estates and rights in land subject to taking for public use: (a) subject to subsection (2), estates or rights that are necessary, up to and including a fee simple interest, when taken for: (i) public buildings or grounds; (ii) permanent buildings; […]
70-30-105. (Temporary) Taking of underground natural gas storage reservoir — effect on owner’s right to drill. (1) The taking of any sand, stratum, or formation for use as an underground natural gas storage reservoir is without prejudice to the rights of the owner or owners of the land or of the oil, gas, or other mineral […]
70-30-106. Eminent domain not to be used for coal mining in certain cases — policy. (1) For the reasons contained in this section, the state’s power of eminent domain may not be exercised to mine and extract coal owned by the condemnor located beneath the surface of property for which the title to the surface is […]
70-30-107. Private roads. Private roads may be opened in the manner prescribed by this chapter, but in every case the necessity of the road and the amount of all damage to be sustained by the opening of the road must be first determined by a jury, and the amount of damages, together with the expenses of […]
70-30-108. No abrogation of provisions relating to city or county roads. This chapter may not be construed to abrogate or repeal any statute providing for the taking of property in any county, city, or town for road or street purposes. History: En. Sec. 2233, C. Civ. Proc. 1895; re-en. Sec. 7353, Rev. C. 1907; re-en. Sec. 9956, […]
70-30-109. Temporary logging roads and banking grounds. (1) In the event that a temporary road used for logging purposes or land used for banking grounds is taken, the taking includes only the temporary right to use the road or land. The order of condemnation for the road or land must fix the length of time and […]
70-30-110. Survey and location of property to be taken — greatest public good — least private injury. (1) In all cases in which land is required for public use, the state or its agents in charge of the public use may survey and locate the land to be used. The use must be located in the […]
70-30-111. Facts necessary to be found before condemnation. (1) Before property can be taken, the condemnor shall show by a preponderance of the evidence that the public interest requires the taking based on the following findings: (a) the use to which the property is to be applied is a public use pursuant to 70-30-102; (b) the taking is […]
