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  • 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.”)
Prior Versions
Parallel provisions
  • 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)
Convention references
Scholarly Work

Section 16. Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for the owner, unless the owner chooses to accept annual payments as may be provided for by law. No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money or ascertained and paid into court for the owner, unless the owner chooses annual payments as may be provided by law, irrespective of any benefit from any improvement proposed by such corporation. Compensation shall be ascertained by a jury, unless a jury be waived. When the state or any of its departments, agencies or political subdivisions seeks to acquire right of way, it may take possession upon making an offer to purchase and by depositing the amount of such offer with the clerk of the district court of the county wherein the right of way is located. The clerk shall immediately notify the owner of such deposit. The owner may thereupon appeal to the court in the manner provided by law, and may have a jury trial, unless a jury be waived, to determine the damages, which damages the owner may choose to accept in annual payments as may be provided for by law. Annual payments shall not be subject to escalator clauses but may be supplemented by interest earned.

For purposes of this section, a public use or a public purpose does not include public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health. Private property shall not be taken for the use of, or ownership by, any private individual or entity, unless that property is necessary for conducting a common carrier or utility business.

[Amended Nov. 7, 2006 (S.L. 2007, ch. 578)]

arti/sec16/start.txt · Last modified: 2020/07/09 17:42 by admin