Land Use & Zoning
North Dakota's 'Eminent Domain statutes' require that property owners receive:
AOnly the assessed value of their property
BJust compensation, which courts have interpreted as fair market value of the taken property✓ Correct
CReplacement cost for all improvements
DWhatever the government offers without negotiation
Explanation
The Fifth Amendment and North Dakota statutes require payment of just compensation for eminent domain takings. Courts generally define just compensation as fair market value — what a willing buyer would pay a willing seller in an arm's-length transaction as of the date of taking.
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