Lincoln Land Development, LLP v. City of Lincoln

Citations

• 2019 ND 81
• 924 N.W.2d 426

Syllabus

The extent of a prescriptive easement is fixed by the use through which it was created, and use beyond the easement's originally created use may be a governmental taking. A trial court may award reasonable attorney fees, expert witness fees, or litigation costs to the prevailing party in an eminent domain action. A landowner's reasonable attorney fees may include the cost of adjudicating an appeal.