Owego Township v. Pfingsten

[¶ 39] The Majority thoroughly documents the statutory procedure for township takings of road rights-of-way. I do not dispute that Owego Township was quite meticulous in its adherence to the process required in N.D.C.C. ch. 24-07. I would conclude, however, that Pfingsten's appeal was timely because N.D. Const. art. I, § 16, delayed the beginning of the appeal period until the Township's payment completed the taking.

[¶ 40] The crux of my disagreement with the Majority is its conclusion, at ¶ 26, that "the record does not establish that the Township took possession of Pfingsten's property…