Land Use & Zoning
North Dakota's state highway department or county may acquire a 'right-of-way' across private land for road construction. This is an example of:
AAdverse possession
BEminent domain (with just compensation to the landowner)✓ Correct
CPrescriptive easement
DEasement appurtenant
Explanation
Government acquisition of land or easements for highways using eminent domain requires the payment of just compensation to the property owner. The power of eminent domain allows government to take private property for public use.
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