Real Estate & Property Law

No Injunction To Halt Precondemnation Entry, Since Owner Can Sue Later For Inverse

By Robert Thomas (inversecondemnation.com)

A very quick one today from the North Dakota Supreme Court. In Cass County Joint Water Resource District v. Aaland, No. 20200272 (Sep. 15, 2020), the court rejected a property owner's request for a stay pending appeal of a trial court's order allowing the district to enter the owner's property "to conduct examinations, surveys, and mapping, including geomorphic examinations requiring installation of survey monuments." The District had tried to negotiate an easement, but the owner didn't want to play.

The Supreme Court rejected the request, concluding that the owner didn't show irreparable injury because he could always bring an after-the-fact inverse condemnation claim to remedy whatever injuries the entries caused. The court also concluded that a stay would harm the District, because it would delay the project, even though actual construction of the project has already been enjoined by a federal court. While the district might not be able to start building, it can do other preliminary things like the entries.

That's it. The Order is only a couple of pages long. Perfect for Monday reading.

Cass Cnty Joint Water Res. Dist. v. Aaland, 20200171 (N.D. Sep. 15, 2020)

Full post as published by inversecondemnation on September 21, 2020 (boomark / email).