Montana-Dakota Utilities Co. v. Behm

Tufte, Justice.

[¶1] Montana-Dakota Utilities Co. ("MDU") appeals, and Lavern Behm cross-appeals, from a judgment dismissing MDU's eminent domain action. Because the district court misapplied North Dakota law in concluding a taking was not necessary for a public use, we reverse and remand for trial on eminent domain damages to be awarded to Behm.

I

[¶2] MDU brought an eminent domain action under N.D.C.C. ch. 32-15 to acquire an easement across Behm's property for a 3,000-foot natural gas pipeline to service a Burlington Northern Santa Fe ("BNSF") railroad switch. The railroad switch must be…