Lee v. North Dakota Park Service
North Dakota Supreme Court
1Opinion of the Court
SAND, Justice.
The North Dakota [State] Park Service (hereinafter Park Service) appealed from an adverse judgment issued by the District Court of McLean County awarding $9,310.00 as damages to Eugene P. Lee and Delores Lee (hereinafter Lee) for inverse condemnation resulting from the removal of a roadway in the park. Lee cross-appealed.
A brief historical background will be helpful in the resolution of the basic issue involved.
The United States acquired a fee simple title to the land involved in 1948 through condemnation proceedings in connection with the Garrison Dam and the reservoir project.
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2Cases cited35 opinions
- United States Ex Rel. Tennessee Valley Authority v. PowelsonSupreme Court of the United States · 1943
- Warren v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Brock v. State Highway CommissionSupreme Court of Kansas · 1965
- Wilson v. Iowa State Highway CommissionSupreme Court of Iowa · 1958
- Miller v. City of New YorkNew York Court of Appeals · 1964
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3Cited by23 opinions
- Robert's River Rides, Inc. v. Steamboat Development Corp.Supreme Court of Iowa · 1994
- State Bank of Burleigh County Trust Co. v. All-American Sub, Inc.North Dakota Supreme Court · 1980
- Hager v. City of Devils LakeNorth Dakota Supreme Court · 2009
- Riverwood Commercial Park, LLC v. Standard Oil Co.North Dakota Supreme Court · 2011
- Riverwood Commercial Park, LLC v. Standard Oil Co.North Dakota Supreme Court · 2005
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