Becker County Sand & Gravel Co. v. Wosick

(On Petition for Rehearing.)

Christianson, Ch. J.

Appellants have petitioned for a rehearing. Their first contention is that the decision in this case is incorrect in holding that under § 14 of the state Constitution the owner of property sought to be taken or damaged for a public use is entitled as a matter of right to a judicial determination of the amount of compensation. It is said that this holding is contrary to a rule announced by this court in Martin v. Tyler, 4 N. D. 278, 60 N. W. 392, 25 L.R.A. 838, and that “either the opinion should be re-written so as to over-rule Martin v. Tyler,…