Cass County Joint Water Resource District v. 1.43 Acres of Land in Highland Township

NEUMANN, Justice.

[¶ 1] The Cass County Joint Water Resource District (“the District”) appeals from a judgment dismissing its action seeking to acquire by condemnation 1.43 acres of land in Highland Township. We reverse and remand, concluding that neither tribal sovereign immunity nor the Federal Nonintercourse Act, 25 U.S.C. § 177, prohibits an in rem condemnation action against the land, and that the trial court erred in dismissing Roger Shea as a defendant in the action.

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[¶ 2] The District is a political subdivision of the State of North Dakota authorized to manage water resources within…