12-1113
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12-1113. Estates in land subject to condemnation The interests, estates and rights in lands subject to be taken for public use, are: 1. A fee simple, when taken for public buildings or grounds or for permanent buildings, for use in connection with a right-of-way or for an outlet for the flow or a place for the deposit of tailings or refuse from a mine or for irrigating ditches. A leasehold interest in a building may be taken only if the underlying property is taken in fee title or easement. 2. An easement when taken for any use other than those set forth in paragraph 1. 3. A right of entry on and occupation of lands, and the right to take from the lands earth, gravel, stone, trees and timber necessary for a public use. 4. A use in the water of a stream, river or spring. |