Whitetail Wave v. XTO Energy
Citations
- 2024 ND 52
Syllabus
A title dispute does not establish a taking. The State may protect its interests in a title dispute and must do \something more\ than assert title to complete a taking. Suspension of royalty payments was lawful under N.D.C.C. § 47-16-39.1 when there is a dispute of title that would affect distribution of royalty payments.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “actual innocence” means 3 factual innocence, not simply legal insufficiency; a mere showing of reasonable doubt is 4 not enough
- holding 10 that “actual innocence” means factual innocence, not simply legal insufficiency, and that a 11 mere showing of reasonable doubt is not enough
- holding there is an irrefutable presumption that collateral consequences flow from any criminal conviction
- medical reports contradicting victim’s account of abuse but not totally disproving 22 crime, did not show actual innocence
- that “the application of a rule requires the exercise of judicial discretion does not render the rule inadequate to support a state decision”
- “Arguments raised for the first time at oral argument are generally waived.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jensen, Jon J.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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