Legal Opinion

McKenzie County v. Reichman

North Dakota Supreme Court

Decided January 24, 2012No. 20110037PublishedCited by 6 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

[¶ 1] Deborah Reichman appealed from a judgment granting McKenzie County a prescriptive easement for a road that crosses her land and ranch headquarters in McKenzie County and dismissing her counterclaim for inverse condemnation. We conclude the district court did not clearly err in finding an adverse public use of the road for the prescriptive period. We affirm the court’s formal declaration for a prescriptive road, but we remand for the court to provide a description for the road.

I

[¶ 2) In 2006, McKenzie County sued Reichman, alleging a road that crosses her land…

2Cases cited32 opinions

  1. Board of County Commissioners v. FlickingerSupreme Court of Colorado · 1984
  2. McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
  3. Leno v. K & L Homes, Inc.North Dakota Supreme Court · 2011
  4. Algermissen v. SutinNew Mexico Supreme Court · 2002
  5. Keidel v. RaskNorth Dakota Supreme Court · 1980

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3Cited by6 opinions

  1. Wagner v. Crossland Construction Company, Inc.North Dakota Supreme Court · 2013
  2. Public Lands Access Ass'n v. Board of County CommissionersMontana Supreme Court · 2014
  3. State v. MainesNorth Dakota Supreme Court · 2019
  4. State v. MainesNorth Dakota Supreme Court · 2019
  5. Public Lands Access Ass'n v. Board of County CommissionersMontana Supreme Court · 2014

1 more not listed; retrieve them via the Exa API.

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