State v. Livingston

PEDERSON, Justice.

This is an eminent domain action wherein the North Dakota State Highway Department took right-of-way for a portion of U.S. Highways 2 and 52 near Minot pursuant to the authorization of statute (Chap ters 24-01 and 32-15, NDCC) and the constitution (Section 14, North Dakota Constitution). The Livingstons appealed (§ 24-01-22.1, NDCC), entitling them to a judicial determination of just compensation. A jury trial was waived and, after a trial to the court, the Livingstons were awarded $99,470.00, plus interest, costs and attorney fees. The Livingstons appealed the judgment to…