Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and except for reservoirs, drains, flumes or ditches on or across the lands of others, for agricultural, mining, milling, domestic or sanitary purposes.

Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.

Cross references: For compensation for taking of private property under this section, see § 15 of this article; for eminent domain, see articles 1 to 7 of title 38.