• 2008 - Propriety of Taking Not in Issue
  • C-75.03
    • Eminent Domain
    • Eminent Domain
    • Highways And Roadways
  • In this case the [government entity] has taken property for public use. The wisdom or propriety of the taking or the need for the taking by the [government entity] is not in issue in this case. The only issue for you to consider is the compensation and damages that should be awarded to the owner for the property taken.
    • City of Minot v. Minot Highway Ctr., 120 NW2d 597 (ND 1963)
    • City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 US 687, 755 (1999)
    • Gissel v. Kenmare Twp., 512 NW2d 470, 477 (ND 1994) (cited by City of Monterey v. Del Monte
  • Notes: