• 2008 - Special Needs and Values Disregarded
  • C-75.06
    • Eminent Domain
  • In determining fair market value, you must give no consideration to the fact that the [government entity] desires the property for a particular purpose. You must disregard any special value it may have to the [government entity] as distinguished from others who may or may not have the power to take this property. In other words, you must not consider the necessity of the taking authority. On the other hand, you must not take into consideration any peculiar value of the property to the landowner. Any special or peculiar value to either buyer or seller is not a measure of fair market value. You cannot consider the willingness or unwillingness of the landowner to have the property taken. The only question with respect to the property taken is the fair market value on the date of [taking] [trial].
    • 24-01-22
    • 32-15-23
    • Clapp v. Cass County, 236 NW2d 850, 859 (ND 1975)
  • Notes: If the property is taken for right-of-way purposes, the fair market value is determined as of the date of taking. N.D. Const., ยง 16. If the property is not to be taken for right-of-way purposes, there can be no taking until just compensation has been first made to or paid into court for the owner. Id. This means a judicial determination. Becker County Sand & Gravel Co. v. Wosick, 245 NW 454 (ND 1932). Accordingly, the compensation for property to be taken for other than right-of-way purposes must be measured by its fair market value at the date of trial, notwithstanding the revision of NDCC 32-15-23.