The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1919-02-17
"Rieht Of Eminent Domain"

The right of eminent domain has
existed for years. At the very heart
OF this right has lain the rule that It
be exercised for the benefit of the
many, for the protection of the COM
munity, but never for the profit Of
the individual or the few.
The league, in Senate Bill 10, drawn.
1t was openly charged on the floor of
NOnpartisan member of that chamber,
by Walter Thomas Mills, conductor Of
Appeal to Reason courses in socialism.
disciple Of discomfort and apostle Of
agitation, reverses this procedure.
Under Senate Bill 10 the exefcise of
the right Of eminent domain Is not Inn
tied tt.
Here is One Section.
ITO ACCOMPLISH THE PURPOSE
OF THIS ACT THE INDUSTRIAL
COMMISSION SHALL ACQUIRE BY
PURCHASE, LEASE OR EXERCISE
OF THE RIGHT OF EMINENTaDO- Y
MAIN, AS PROVIDED BYfCHAPTEK
36 OF THE CODE OF CIVIL PRO
EEDURE, IT COMPILED Laws OF
19135AI,L REQUISITE PRpPEKrYs
AND, PROPERTYiR RIGHTS, AND NAY
CONSTRUCT REPAIR AND RE-
MODEL BUILDINGS H AVING
STRICT REGARD FOR ECONOMY
IN THE ADMINISTRATION OF ITS
AFFAIRS"
And This 10 Another.
This right is again conferred In Sec
ton or the bill, which reads:
THE ASSOCIATION SHALL
MAKE A SPECIALITY OF BUILDING
STANDARDIZED HOUSE, BARNS
AND OTHER BUILDINGS AND,
EQUIPMENTS PROVIDED FOR
HEREIN. FOR ITS USES THE IN
DUSTRIAL COMMISSION MAY AC-
QU1RE SUITABLE TRACTS OF
LAND, eY PURCHASE OR ~ Ex-
ERclsE OF THE RIGHT OF EMi.
NENT- DOMAIN, DEEMED BY THE
COMMISSION SUITABLE TO, AC1
COMPLISH THEfI PURPOSESYt OF
THIS ACT; AND MAX sUBu1WDE-
SUCH LAND INTO LOTS, AND. LAY
OUT STREETS, SIDEWALKS,
PARKS AND GARDENS THEREIN,
AND BUILD HOMES ON SAID LOTS,
AS PROVIDED FOR HEREIN, AND
SUPPLY THEM WITH WATER,
AMI MA
Commission Sole Judge.
Private property confiscated by the
Industrial committee for the personal
use and benefit of another individual
need not under this act be necessary
to promote public welfare, It need
only be deemed by the commission
uitable to accomplish the purpose Sof
this act"
Senator Fraser of Mclean in defend
ing the eminent domain clause gave
an example of what may be the plan Of
when he told how he and
q brother attempted to purchase for
$2.500 in Baudette, Mimi. q site for q
bank whose owners held the property
at $1,000.
Had we been able to exercise the
right of eminent domain we could
have bought this lot at 4 reasonable
price, and Baudette would have had
another bank" said Senator Fraser.
May Be Any Business.
Instead Of banking site, 1t may
be bank building intact that the
league, or some individual member or
organizer of the league covets.
Through the. right of emin ent domain,
no WdILST HOW HOCu ORPOoOV tAO OWA
er or owners may be to selling, the
man who is in favor with the league
may through the home-building act
and the industrial commission seize
uopn that property and compel the
owner to accept such price rs the
district court may decree. And h the
owner is not satisfied with the iudg-
ment of the local court. there IL the
supreme court of North Dakota, four
fifths league, to appeal to.
William E. Breen has q fine farm
north of Bismarck. Mr. Breen II not
Lacquer. He has neighbors who are.
Mr. Breen's farm is not for IAle but
q neighbor who Is q leaguer nay COW
ct It and by becoming . member Of
one of the home building assOc3atiou's
home buyers leagues u Co take
Mr.. Breen's farm and throw HIN out
OF the home which he has devoted 80
years to developing.
othoe pooojoilleioo.
The Same would hold truo q any
business location Vneeh 1nlR1f -