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When Right to [Compensation] [and] [Damages] Accrues
2008- Eminent Domain
C - 75.16
The right to [compensation] [and] [damages] is deemed to have accrued at the date of the [taking] [trial]. Its actual value at that date is the measure of compensation for all property actually [taken] [to be taken] [and the basis of damages to the property not actually taken, but injuriously affected]. [Improvements put upon property after [month] [date] [year], the date of service of the summons, cannot be included in the assessment of [compensation] [or] [damages]].
 
NDCC 32-15-23; 24-01-22
ND Const. § 16

Volkmann v. City of Crosby, 120 NW2d 18 (ND 1963)
Kenner v. City of Minot, 98 NW2d 901 (ND 1959)
Little v. Burleigh County, 82 NW2d 603 (ND 1957)
Mayer v. Studer & Manion Co., 262 NW 925 (ND 1935)
Note: The date of taking controls where there has been a wrongful taking of the property or where there has been taking of property for right-of-way purposes.