City of Fargo v. Wieland

Citations

• 2019 ND 286

Syllabus

Flood control projects are a public use for eminent domain purposes. In the absence of bad faith, gross abuse of discretion, or fraud by the condemning authority in its determination that the property sought is necessary for the authorized use and is pursuant to specific statutory authority, such determination should not be disturbed by the courts. The question of greater necessity is for a court to resolve. When no statutory remedy is provided for a statutory violation, the court looks to whether the victim of the violation was prejudiced because absent a showing of prejudice, a statutory violation is not reversible error.