Johnson v. Wells County Water Resource Board

LEVINE, Justice.

Everett Johnson, Kermit Larson, Delores Larson, and the Heimdahl Township Board [hereinafter collectively referred to as appellants] appeal from a summary judgment authorizing the Wells County Water Resource Board [Board] to seek flowage easements pursuant to the “quick take” provision of Art. I, § 16, N.D. Const. We reverse.

In Larson v. Wells County Water Resource Board, 385 N.W.2d 480 (N.D.1986), we upheld the Board’s decision to approve a drain permit conditioned upon obtaining certain flowage easements. When the Board proposed to obtain those easements through the quick…