North Dakota Code § 32-15-01

Eminent domain defined - How exercised - Condemnor defined -
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Exceptions.
1. Eminent domain is the right to take private property for public use.
2. Private property may not be taken or damaged for public use without just 
compensation first having been made to or paid into court for the owner. When private 
property is taken by a person, no benefit to accrue from the proposed improvement 
may be allowed in ascertaining the compensation to be made therefor. Private 
property may 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. A determination of the compensation must be made by a jury, unless a jury 
is waived. The right of eminent domain may be exercised in the manner provided in 
this chapter.
3. Notwithstanding any other provision of law, 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.
4. For the purpose of this chapter, "condemnor" means a person empowered to take 
property under the power of eminent domain.

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