Northern Pacific Railway Co. v. Richland County
North Dakota Supreme Court
Appeal from the District Court of Richland County, Allen, J. Action to determine adverse claims in and to a railroad right of way. Judgment for defendant. Plaintiff appeals.
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Appeal from the District Court of Richland County, Allen, J. Action to determine adverse claims in and to a railroad right of way. Judgment for defendant. Plaintiff appeals. Statement by Bruce, J. This action was brought by the Northern Pacific Railway Company against Richland county, for the purpose of determining adverse interests in and to an easement or right of way of the plaintiff company, the claim of the plaintiff being for a franchise or right of way as opposed to an ownership in fee. The answer admits the ownership of the franchise or easement, but asserts a lien arising from a levy…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The objection of the appellant goes directly to the jurisdiction of the drainage board to make any assessment, or at any rate to create any lien, against the right of way of the defendant company. It is that the alleged lien is void for the reason that special assessments for a local improvement of the kind in question cannot be made against a right of way or easement of a railroad company, and especially of one which is interstate in its character. It is argued that any sale which must necessarily be had to enforce such a lien would be the sale of a…
2Cases cited31 opinions
- Reading Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
- Adams Express Co. v. Ohio State AuditorSupreme Court of the United States · 1897
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894
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3Cited by16 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Chester v. EinarsonNorth Dakota Supreme Court · 1948
- Soo Line Railroad Company v. City of WiltonNorth Dakota Supreme Court · 1969
- In Re Assessment for Improving Superior StreetSupreme Court of Minnesota · 1927
- James v. YoungNorth Dakota Supreme Court · 1950
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