N.D. Dep’t of Transportation v. Rosie Glow, LLC

The North Dakota Department of Transportation ("the DOT") took Rosie Glow, LLC's property through an eminent domain quick-take action. The DOT deposited $2,296,000.00 for the land and $940,860.00 for severance damages. Rosie Glow and the DOT disputed the value of the property taken. Rosie Glow's appraiser estimated the total compensation owed to Rosie Glow was $4,899,000.00, consisting of $3,788,400.00 for the land and $1,110,600.00 for severance damages. The jury awarded Rosie Glow $2,296,000.00 for property taken and $1,240,860.00 in severance damages, totaling $300,000.00 more than the DOT deposited. Rosie Glow appealed the district court's award of $32,400.00 in attorney fees and expert fees and litigation costs of $11,236.41. The North Dakota Supreme Court affirmed the district court's judgment in part, reversed in part, and remanded for further proceedings. The Supreme Court determined the district court did not abuse its discretion in reducing the costs awarded for an appraisal because it adequately explained its reasoning. However, the Court found the district court abused its discretion in declining to award any costs for the appraiser's review of the DOT's appraisal because it did not explain its decision. The district court also misapplied the law by not awarding costs for the DOT's deposition of the appraiser. View "N.D. Dep't of Transportation v. Rosie Glow, LLC" on Justia Law