North Dakota Constitution

Northwest Landowners Ass'n v. State 2022 ND 150

Hale v. State, 2012 ND 148

City of Jamestown v. Leevers Supermarkets, 552 N.W.2d 365 (N.D. 1996)

Grand Forks-Traill Water Users v. Hjelle, 413 N.W.2d 344 (N.D. 1987)

Donaldson v. Bismarck, 3 N.W.2d 808 (1942) (“This guarantee is broader than the guarantee of the Fifth Amendment … the owner is as much protected against his property being damaged as against his property being taken.”)

Martin v. Tyler, 4 N.D. 278 (1894) (“[This section] was copied literally from section 14, art. 1, of the constitution of California adopted in 1879.”)

1889

1956

1982

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U.S. Const. amend. V (“nor shall private property be taken for public use, without just compensation”)

Original source for 1889 provision was Constitutions of Montana (and others)

Debates 386

Debates 600-02

Cooley, Constitutional Limitations ch. XV

Daniel S. Guy, Land Condemnation: A Comparative Survey of North Dakota Statutory Law, 51 N.D. L. Rev. 387 (1974-1975)