What must appear before property taken
Applied in 1 court decision — leading case Sandra Short v. Billings County (2025)
Most recently applied in Sandra Short v. Billings County (May 2025)
Before property can be taken it must appear:
1. That the use to which it is to be applied is a use authorized by law.
2. That the taking is necessary to such use.
3. If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use.
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.