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SCS Carbon Transport v. Hoge Farm (cons. w/20230149, 162-167 & 169-176) 2024 ND 109
Docket No.: 20230168
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hoge (cons. w/20230149, 162-168 & 170-176) 2024 ND 109
Docket No.: 20230169
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Carrels (cons. w/20230149, 162-169 & 171-176) 2024 ND 109
Docket No.: 20230170
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Staroba, et al. (cons. w/20230149, 162-170 & 172-176) 2024 ND 109
Docket No.: 20230171
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Jordheim, et al. (cons. w/20230149, 162-171 & 173-176) 2024 ND 109
Docket No.: 20230172
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hayen (cons. w/20230149, 162-172 & 174-176) 2024 ND 109
Docket No.: 20230173
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Waloch (cons. w/20230149, 162-173 & 175-176) 2024 ND 109
Docket No.: 20230174
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Waloch, et al. (cons. w/20230149, 162-174 & 20230176) 2024 ND 109
Docket No.: 20230175
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. SPLJ (cons. w/20230149, 20230162-20230175) 2024 ND 109
Docket No.: 20230176
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

State v. Doyle 2024 ND 108
Docket No.: 20230292
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: A witness testifies as an expert when the witness's answers are rooted exclusively in the witness's expertise or is not a product of the witness's investigation but instead reflects the witness's specialized knowledge. Under Rule 16(a)(1)(F), N.D.R.Crim.P, expert witness summaries must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. The State's failure to comply with Rule 16(a)(1)(F) may impede a defendant's ability to prepare the defendant's defense.

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