Foreign city - Power to acquire by right of eminent domain, purchase, lease, own, and hold real estate in this state - Liability
N.D. Cent. Code § 40-05-11
in effect40-05-11. Foreign city - Power to acquire by right of eminent domain, purchase, lease,
own, and hold real estate in this state - Liability.
Any city of another state situated within five miles [8.05 kilometers] of the boundary line of
this state may purchase, lease, own, and hold real estate in this state for waterworks or
sewerage purposes and may improve the land for municipal purposes in the same manner as a
city situated in this state, and may lease, let, or convey the land. Any city so situated may
acquire, by purchase, gift, devise, or, subject to chapter 32-15, condemnation, any property,
corporeal or incorporeal within this state, as may be necessary or convenient for the
construction and maintenance of an electric power transmission line, which electric power
transmission line has the function of connecting a municipal power plant, owned and operated
by that city, with distribution facilities owned by the government of the United States for
distributing electric power generated at Garrison Dam. Such foreign city is liable for all damages
growing out of or incident to the ownership, use, or occupation of any such real estate in this
state as if it were a municipality of this state.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t40c05.pdf#nameddest=40-05-11Fetched: 10/16/2026