Natural Resources. Private Condemnation. How to Condemn Minerals & Water

Why do mountain states allow for private condemnation for natural resources? to encourage natural resource development

How is the private condemnation used in arid regions?

  • condemnation was used to allow water to be carried distances over land held by others to irrigate potentially fertile farmland
  • condemnation prevents a single landowner who controls access to a water source or mineral deposit could block development or hold the resources hostage by demanding a significant payout for easement rights

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Colorado Real Estate Journal | Private right of condemnation: Necessary or outdated?