State v. Brace

This is an action by the State of North Dakota to obtain title' by the exercise of the power of eminent domain, to -certain lands almost surrounding an inland lake or pond known as Fuller’s Lake. The land sought to be obtained by the state consists of eight tracts, the present title to which is in the defendant. The purpose for which the state seeks to obtain this land is to establish a Wildlife Refuge. As a basis for the necessity of exercising the power of eminent domain, the state alleges that it is the owner of the body of water known as Fuller’s Lake. The territory surrounding this lake…