Pretty simple facts in the North Dakota Supreme Court’s opinion in Lincoln Land Development, LLC v. City of Lincoln, No. 20180117 (Mar. 15, 2019): back in the day (the 1980’s) the City had a dirt road over private property, used to access its sewage treatment plant. Lincoln Land Development bought the property in 2005. Recently, the City graded and paved the road, raised the road bed, and added things like culverts.
Inverse condemnation?
The City denied liability, arguing that Lincoln Development didn’t have the right to exclude the City because the City owned an easement — either by express grant, or by implication or estoppel — and thus Lincoln Development didn’t possess property that the City had taken.
The most interesting part of the North Dakota Supreme Court’s opinion, in our opinion, starts on page 5, where the court discusses the easement by prescription claim (after having agreed with
