Mougey Farms v. Kaspari

SANDSTROM, Justice.

[¶ 1] Mougey Farms appealed from a judgment dismissing its claims for an easement to pump water through an irrigation system across land owned by David Kaspari, Sarah Kaspari, and Chris Kaspari. The Kasparis cross-appealed from the trial court’s decision reforming a lease between Kasparis and Mougey and partitioning the irrigation system. We reverse the summary judgment dismissing Mougey’s eminent domain claim and affirm the remainder of the judgment.

I

[¶2] Mougey owns farmland in Ransom County, immediately north of Kasparis’ farmland. The Sheyenne River runs on the south…