What Is Eminent Domain?


Eminent domain is the government’s right
to take a person’s private property for
public use.
For example, the government may take a
person’s private property for the purpose of
flood protection.
Does The Government Have To
Pay Me To Take My Property?


The government must compensate a
person from whom private property is
taken.
What Must The Government
Show Before It Can Take Private
Property?


A person with an interest in any of the
property to be taken may file a complaint
with the District Court.

The court shall hear and determine the
parties’ claims to the property sought to
be condemned and the damages thereof.

The court shall determined the respective
rights of the parties seeking
condemnation of private property.
The government must show that taking the
property is necessary for that use.

The government has a duty to negotiate
with a property owner.

The government must establish the
amount of just compensation or fair market
value of the property and promptly make
an offer to the property owner for the full
amount.

The government must provide the property
owner with a written appraisal or a written
statement and summary for the amount of
compensation.

Just compensation is the fair market value
of the property.

In establishing the amount of
compensation, the government shall not
consider any change in the fair market
value of the property caused by the reason
the project is necessary.
What If My Property Is Damaged
By The Disaster, I Received An
Abatement Or Demolition Notice,
But My Property May Be Taken By
Eminent Domain In The Future?

For example, the government must
appraise a flood damaged home at its preflood fair market value.

:

How Will The Government Take
Private Property?
For example, the government may buy-out
private property located in the footprint of a
flood protection plan.
What Is Just Compensation?
The government must show the property is
being taken for a use authorized by law.
What Can I Do If I Do Not Want
The Government To Take My
Property?
Even if your private property may be
located in the area of a future buy-out, you
must abate any source of nuisance,
source of filth, and any cause of sickness
when necessary to protect the public
health and safety.
Who Can I Contact With
Questions About Eminent
Domain?

Legal Services of North Dakota (LSND)
provides free legal help to low-income
and elderly people.
Who Do I Contact
With Additional Questions?
Call: 1-800-634-5263
Seniors 60 and over Call
1-866-621-9886
Legal Services of North Dakota
Bismarck Law Office
418 E Broadway #7
Bismarck, ND 58501
What Is
Eminent
Domain?
Fargo Law Office
112 N University #220, PO Box 1327
Fargo, ND 58107-1327
Minot Law Office
20 1st St SW #201
Minot, ND 58701
New Town Law Office
345 Main St, PO Box 217
New Town, ND 58763-0217
Belcourt Law Office
BIA Road 7 Bldg 85, PO Box 1365
Belcourt, ND 58316-1365
DISCLAIMER: This information is not legal
advice. If you have a legal problem, you
should talk to a lawyer and ask for advice
about your options.
General Information - Flyer #694
Published by Legal Services of North Dakota
October 2012
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