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North Dakota is known for its Badlands, now part of the 70,000-acre Theodore Roosevelt National Park. Roosevelt's journey to the Dakota Territory in 1883 to hunt bison was among his Western ventures that instilled in him a fervor for preservation of natural lands, and ultimately the first national parks.
In North Dakota, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
Generally, eminent domain is the government's power to take private property for public benefit. It comes from the US Constitution, federal laws, state constitutions, and state laws. The Board's authority to grant the power of eminent domain comes from Iowa Code chapters 476A, 478, 479, and 479B.
A North Dakota property owner may transfer or retitle real estate during the owner's life using a signed, written deed. A North Dakota deed must satisfy the legal requirements described below to be eligible for recording and to legally transfer title to the new owner.
In a covenant that runs with the land, the subsequent landowner of property subject to the covenant will continue being burdened or benefited by the covenant. This is in contrast to a personal covenant, or a covenant that only binds the original parties of the covenant and will not pass to the subsequent parties.
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.
Overview. Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
?The Fifth Amendment to the Constitution says 'nor shall private property be taken for public use, without just compensation. ' This is a tacit recognition of a preexisting power to take private property for public use, rather than a grant of new power.? 597 Eminent domain ?appertains to every independent government.