• 2008 - Consequential Damages
  • C-75.20
    • Eminent Domain
    • Eminent Domain
  • "Consequential damages" are damages to property caused by the construction of the proposed improvement, although no part of the property is taken for public use. It is not necessary that there be a direct injury to the property affected to warrant a recovery for consequential damages. It is sufficient that there be some direct, physical disturbance of a right, either public or private, that the property owner enjoys in connection with the property, and which gives to it additional value, by reason of which disturbance the property owner incurs a special injury with respect to the property in excess of that sustained by the public generally.
    • 32-15-22
    • Cummings v. Minot, 271 NW 421 (ND 1937)
    • Dutchuk v. Bd. of County Comm’rs Billings County, 429 NW2d 21, 23 (ND Ct App 1988)
    • Eck v. City of Bismarck, 283 NW2d 193, 199 (ND 1979)
    • King v. Stark County, 271 NW 771 (ND 1937)
    • Little v. Burleigh County, 82 NW2d 603 (ND 1957)
    • Wilson v. City of Fargo, 141 NW2d 727 (ND 1966)
    • Yegen v. City of Bismarck, 291 NW2d 422, 426 (ND 1980)
  • Notes: