70-30-111. Facts necessary to be found before condemnation. Before property can be taken, the plaintiff must show by a preponderance of the evidence that the public interest requires the taking based on the following findings:
     (1) that the use to which it is to be applied is a use authorized by law;
     (2) that the taking is necessary to such use;
     (3) if already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use;
     (4) that an effort to obtain the interest sought to be condemned was made by submission of a written offer and that such offer was rejected.

     History: En. Sec. 583, p. 191, L. 1877; re-en. Sec. 583, 1st Div. Rev. Stat. 1879; re-en. Sec. 601, 1st Div. Comp. Stat. 1887; amd. Sec. 2214, C. Civ. Proc. 1895; re-en. Sec. 7334, Rev. C. 1907; re-en. Sec. 9937, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1241; re-en. Sec. 9937, R.C.M. 1935; amd. Sup. Ct. Ord. 11020, eff. January 1, 1966; R.C.M. 1947, 93-9905(part); amd. Sec. 2, Ch. 622, L. 1983.