Cited by

Opinions in Minnesota that cite Underwood v. Town Board of Empire, 14 N.W.2d 459.

27 citing documents.

Hader Properties, LLC, et al., Respondents, Minn. Ct. App. 2023
of Empire, (“The right of the public is that of passage, and the deprivation of that right causes the landowner damage of the same sort sustained by the general public.
Minn. 2020
of Empire, (“It is well settled that, where part of the owner’s land is taken, resulting inconvenience affecting the use and the enjoyment of the remainder is proper for consideration as affecting the market value of the land after the taking.”); State by Youngquist v. Wheeler, 230 N.W.
State of Minnesota, by its Commissioner of Transportation, Minn. 2020
Robert W. Weckman v. County of Scott Minn. Ct. App. 2014
Robert W. Weckman v. County of Scott Minn. Ct. App. 2014
of Empire, 217 Minn. 385, 389, which stated that “[i]t is well settled that, where part of the owner’s land is taken, resulting inconvenience affecting the use and enjoyment of the remainder is proper for consideration as affecting the market value of the land after the taking.” See id.
State Ex Rel. Humphrey v. Strom 493 N.W.2d 554 Minn. 1992
State Ex Rel. Humphrey v. Strom 493 N.W.2d 554 Minn. 1992
See also Underwood v. Town Board of Empire, 217 Minn. 385, 389 , (“It is well settled that, where part of the owner’s land is taken, resulting inconvenience affecting the use and the enjoyment of the remainder is proper for consideration as affecting the market value of the land after the taking.”).
State v. Christopher 170 N.W.2d 95 Minn. 1969
State v. Christopher 170 N.W.2d 95 Minn. 1969
4; Burnquist v. Cook, supra; Underwood v. Town Board of Empire, 217 Minn. 385 , 14 N. W. (2d) 459 ; and that the courts may not interfere with the determination of the commissioner of highways, acting for the state in its sovereign capacity, if his determinations have a reasonable basis and are not arbitrary, capricious, or discriminatory.
Clifford v. Peterson 149 N.W.2d 75 Minn. 1967
Clifford v. Peterson 149 N.W.2d 75 Minn. 1967
3 Nye v. Kahlow, 98 Minn. 81, 83 , ; Gourd v. County of Morrison, 118 Minn. 294, 299 , ; Underwood v. Town Board of Empire, 217 Minn. 385, 393 , 14 N. W. (2d) 459, 463 ; Wilson v. Home Gas Co. Inc. 267 Minn. 162, 174 , 125 N. W. (2d) 725, 733 ; Daigle v. Twin City Ready Mix Concrete Co. 268 Minn. 136, 138 , 128 N. W. (2d) 148, 149 .
Hendrickson v. State 127 N.W.2d 165 Minn. 1964
Hendrickson v. State 127 N.W.2d 165 Minn. 1964
of Empire, 217 Minn. 385, 388 , 14 N. W. (2d) 459, 461 ; State, by Burnquist, v. Miller Home Development, Inc. 243 Minn. 1, 9 , 65 N. W. (2d) 900, 905 .
State v. Ohman 116 N.W.2d 101 Minn. 1962
State v. Ohman 116 N.W.2d 101 Minn. 1962
4; Burnquist v. Cook, supra; Underwood v. Town Board of Empire, 217 Minn. 385 , 14 N. W. (2d) 459 ; and that the courts may not interfere with the determination of the commissioner of highways, acting for the state in its sovereign capacity, *120 if his determinations have a reasonable basis and are not arbitrary, capricious, or discriminatory.
State v. Hayden Miller Co. 116 N.W.2d 535 Minn. 1962
State v. Hayden Miller Co. 116 N.W.2d 535 Minn. 1962
2 In discussing the issue of damages which may be allowed for inconvenience sustained by reason of a taking, we said in Underwood v. Town Board of Empire, 217 Minn. 385, 389 , 14 N. W. (2d) 459 , 462: “* * * It is well settled that, where part of the owner’s land is taken, resulting inconvenience affecting the use and the enjoyment of the remainder is proper for consideration as affecting the market value of the land after the taking.”
Wolfram v. State Ex Rel. Burnquist 74 N.W.2d 510 Minn. 1956
Wolfram v. State Ex Rel. Burnquist 74 N.W.2d 510 Minn. 1956
Underwood v. Town Board of Empire, 217 Minn. 385 , 14 N. W. (2d) 459 ; 6 Dunnell, Dig.
Welsh v. Barnes-Duluth Shipbuilding Co. 21 N.W.2d 43 Minn. 1945
Welsh v. Barnes-Duluth Shipbuilding Co. 21 N.W.2d 43 Minn. 1945
Porter v. Grennan Bakeries, Inc. 219 Minn. 14 , 16 N. W. (2d) 906 ; Underwood v. Town Board of Empire, 217 Minn. 385 , 14 N. W. (2d) 459 ; 1 Dunnell, Dig.
Burnquist v. Cook 19 N.W.2d 394 Minn. 1945
Burnquist v. Cook 19 N.W.2d 394 Minn. 1945
See, State, by Peterson, v. Severson, 194 Minn. 644 , ; Underwood v. Town Board of Empire, 217 Minn. 385 , 14 N. W. (2d) 459 .
Porter v. Grennan Bakeries, Inc. 16 N.W.2d 906 Minn. 1944
Porter v. Grennan Bakeries, Inc. 16 N.W.2d 906 Minn. 1944
Underwood v. Town Board of Empire, 217 Minn. 385 , 14 N. W. (2d) 459 .
Petraborg v. Zontelli 15 N.W.2d 174 Minn. 1944
Petraborg v. Zontelli 15 N.W.2d 174 Minn. 1944
Cf. Underwood v. Town Board of Empire, 217 Minn. 385 , 14 N. W. (2d) 459 , in which this court recently held that an owner of land abutting upon a highway suffered damage by the vacation thereof distinct from that of the public in general.