60-4-104. Exercise of right of eminent domain -- presumption. (1) Whenever the department cannot acquire lands or other property or interests in the lands or property at a price or cost which it considers reasonable, it may direct the attorney general or any county attorney to procure the interests by proceedings to be instituted as provided in Title 70, chapter 30, against all nonaccepting landholders.
     (2) It shall not so direct the attorney general or any county attorney until it adopts an order declaring that:
     (a) public interest and necessity require the construction or completion by the state of the highway or improvement for one of the purposes set forth in 60-4-103;
     (b) the interest described in the order and sought to be condemned is necessary for the highway or improvement;
     (c) the highway or improvement is planned and located in a manner which will be compatible with the greatest public good and the least private injury.
     (3) The order creates and establishes a disputable presumption:
     (a) of the public necessity of the proposed highway or improvement;
     (b) that the taking of the interest sought is necessary therefor;
     (c) that the proposed highway or improvement is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

     History: En. Sec. 8-104, Ch. 197, L. 1965; amd. Sec. 127, Ch. 316, L. 1974; R.C.M. 1947, 32-3904.