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 not be taken unless for a more necessary public use than that to which it has already been appropriated;

(d) franchises for roads, bridges, and ferries and all other franchises; but the franchises may not be taken unless for free highways, free bridges, railroads, or another more necessary public use; or

(e) a right-of-way for any public use mentioned in 70-30-102 and any structures and improvements on the right-of-way. The land held and used in connection with the right-of-way must be subject to being connected with, crossed, or intersected by any other right-of-way improvements or structures on the right-of-way. The improvements or structures must also be subject to a limited use in common with the owner of the improvements or structures when necessary. However, the uses, crossings, intersections, and connections must be made in the manner that is most compatible with the greatest public benefit and least private injury.

(2) All classes of private property not enumerated may be taken for public use when the taking is authorized by law.

History: En. Sec. 582, p. 190, L. 1877; re-en. Sec. 582, 1st Div. Rev. Stat. 1879; re-en. Sec. 600, 1st Div. Comp. Stat. 1887; amd. Sec. 2213, C. Civ. Proc. 1895; re-en. Sec. 7333, Rev. C. 1907; re-en. Sec. 9936, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1240; re-en. Sec. 9936, R.C.M. 1935; R.C.M. 1947, 93-9904; amd. Sec. 53, Ch. 125, L. 2001.