The following is a classification of the estates and rights in land 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 by them, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine, or when, in the judgment of the Department of Natural Resources, or the Department of Transportation and Public Facilities, a fee simple is necessary for any of the purposes for which the department, on behalf of the state, is authorized by law to acquire real property by condemnation;
(2) an easement when taken for any other use;
(3) the right of entry upon an occupation of land, and the right to take from the land earth, gravel, stones, trees, and timber as may be necessary for a public use.
Section: Previous 09.55.240 09.55.250 09.55.260 09.55.265 09.55.266 09.55.270 09.55.275 09.55.280 09.55.290 09.55.300 09.55.310 09.55.320 09.55.330 09.55.340 09.55.350 NextLast modified: November 15, 2016