70-30-109. Temporary logging roads and banking grounds. (1) In the event that a temporary road used for logging purposes or land used for banking grounds is taken, the taking includes only the temporary right to use the road or land. The order of condemnation for the road or land must fix the length of time and the date from which the road must be opened or land must be used, and at the expiration of that period, the right to use the road or land ceases. The use of the road or land reverts to the party from whom the road or land was taken or to that party's legal successor in interest. However, land may not be taken for temporary logging roads or banking grounds for a period of time longer than 5 years. When taken for a period of time exceeding 1 year, the amount of damage for each year must be fixed separately, and the amount fixed for each particular year must be paid on or before January 1 of each year. If the amount fixed for any 1 year is not paid as specified in this subsection, then the use of the road or land reverts to the party from whom the road or land was taken or to that party's successor in interest.

(2) In any suit for the opening of any temporary logging road or for the use of any land for banking grounds, the court may not finally order the opening of the road or the right to use the land until the amount assessed as damages has been paid into court for the benefit of the party or parties owning or holding the road or land.

(3) In the event that any road or land taken or used as provided in this section is occupied by a lessee, the lessee must be made a party to the suit, and the final decree of the court must apportion the amount of compensation received between the lessee and the owner of the road or land. The decree is subject to the right of appeal by any party in interest.

History: En. Sec. 1, Ch. 89, L. 1907; re-en. Secs. 7354, 7355, Rev. C. 1907; re-en. Secs. 9957, 9958, R.C.M. 1921; re-en. Secs. 9957, 9958, R.C.M. 1935; R.C.M. 1947, 93-9925, 93-9926; amd. Sec. 59, Ch. 125, L. 2001.