• 2008 - Just Compensation for Property Taken
  • C-75.05
    • Eminent Domain
    • Eminent Domain
    • Market Value
  • With respect to the property actually taken, just compensation is the fair market value of the property taken and all improvements on that property, if any. You must determine that value as of the date of the [taking] [trial]. "Fair market value" is the highest price for which the property can be sold in the open market by a willing seller to a willing purchaser, neither party acting under compulsion and both exercising reasonable judgment. In determining fair market value, you should consider, in addition to the uses to which the property has been put, all other uses for which it is suitable or adaptable and needed or likely to be needed in the reasonably near future as will in reasonable probability affect its market value while it is privately owned. However, the owner is not entitled to compensation based on remote, speculative, uncertain, or mere possible use. Elements affecting value that depend upon events which, while within the realm of possibility, are not fairly shown to be reasonably probable, should be excluded from your consideration, for that would be to allow mere speculation and conjecture to become a guide of ascertainment of value. The determination of value in a condemnation proceeding is not a matter of a formula or artificial rules, but of sound judgment and discretion based upon your consideration of all the relevant facts in a particular case.
    • Amerada Hess Corp. v. Conrad, 410 NW2d 124, 128 (N.D. 1987)
    • Chandler v. Hjelle, 126 NW2d 141 (ND 1964)
    • City of Bismarck v. Casey, 43 NW2d 372 (ND 1950)
    • Hultberg v. Hjelle, 286 NW2d 448, 452 (N.D. 1979)
    • Little v. Burleigh County, 82 NW2d 603 (ND 1957)
    • Wishek Inv. Co. v. McIntosh County, 45 NW2d 417 (ND 1950)
  • Notes: