10 States that Recognize Private Condemnations

What is private condemnation?  It allows  landowners the unique ability to condemn another landowner’s property to acquire a right-of-way to construct “ditches, canals and flumes for the purpose of conveying water for domestic purposes,” and for irrigation, mining, manufacturing and drainage, “upon payment of just compensation,”

Which states allow for private condemnation? 

  • Colorado
  • Idaho
  • Wyoming
  • Arizona
  • Montana
  • Nevada
  • Oklahoma
  • Utah
  • North Dakota
  • South Dakota 

Colorado Real Estate Journal | Private right of condemnation: Necessary or outdated?