TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 7

EMINENT DOMAIN

7-702.  Estates subject to taking. The following is a classification of the estates and rights in lands subject to be taken for public use:

1.  A fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams and permanent flooding occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine.

2.  An easement, when taken for any other use.

3.  The right of entry upon, and occupation of, lands, and the right to take therefrom such earth, gravel, stones, trees and timber as may be necessary for some public use.

History:

[(7-702) C.C.P. 1881, sec. 852; R.S., R.C., & C.L., sec. 5211; C.S., sec. 7405; I.C.A., sec. 13-702.]