The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-03-11
Decisions of the Supreme Court

, titled check to used in payment of the
costs Of this action and the value of
the property sought to be obtained by
this action in condemnation. The
county commissioners then designated
the Taylor tract as the courthouse site
and entered into q contract for the
erection of the courthouse. The land
adjacent thereto and sought to be OBJ
tanned by these condemnation pro-
~ceedings belongs to Wilson, the donor
of the first courthouse site adjudged in
| adequte by the commissioners. Will
son defends, ~contending: ~ That the
county was without power to procure
the Taylor tract and hat the %county's
title to the same is void. co That the
acceptance of the Wilson tract, under
the clause contained in the deed, pre-
cluded and estopped the county from
erecting a courthouse at any other
place than upon the Wilson site. (3)
That by using the Wilson site for
Jail purposes the county had accepted
same and it had become a courthouse
site. a. That by failing to submit
with the bonding proposition the CUES
ton of the purchase of a site the
county was without power to acquire
another site. 60 That the county
commissioners are powerlesS to change
from one established courthouse site
to another until the voters Of the Il
ty, by a majority vote, shall have first
authorized a sale OF the first site. 60
That the selection by the board OF one
site exhausts he power Of the board
to change therefrom by the selection
of a new site. Held: (
/, The county may acquire by gift
any number Of grounds as sites for
county buildings, whether used for such
purposes or not; and the acceptance
OF title to one site did not bar it from
1 a m F4iY-a Alta 4n nrnthnrF rs%A I~y,nf-
ed the county, ven though both were
inadequate for the purpose.
2. The county has not purchased
any site, but possesses two inadequate
sites, both donated.
3. Section 2406, r. G. 1905, empow-
ers the county to acquire by condemna-
ton proceedings additional ground ad-
jacent to ar inadequate site to consti-
tute an adequate and suitable site fol-
county buildings, and this without
authorization by a vote of the e~lector-
ate Of the county.
A.. The tract donated by Wilson has
never been adjudged to be an adequate
(, proper or suitable site for courthouse
purposes, and no conditions contained
in a deed donating property for public
purposes can preclude or estop ths
county or the public, acting by its
illegally constituted authority, from the
free right of choice of a. site for pub.
lie buildings. An individual cannos
contract with the county and thereby
compel it to use land granted for 9
county courthouse site, because a pri.
waite citizen cannot acquire interest as
against the public in the matter OF tht
location of public buildings. He car
have no more right in the selection o.
Ia site than any other citizen, and car
acquire no right not possessed by evers
icitizen, and, therefore, can have moth
ing upon which to urge an estoppe
against the county or the public. Moth.
ing contained In the deed prevented the
Ifree exercise of the right of choice anG
the selection Of different sites than thu
one donated by Wilson.
s.. The Wilson site never having beer
illegally chosen and designated as
courthouse site by the board, upor
whom the duty Of selecting a site de.
voIved by law, no question Of change
OF location from one established site
to another lis involved. The question
OF the right of the board. without au.
~thorization by a majority vote of TIKI
electors OF the county, to change from
an established courthouse site to an.
] other as the site upon which the court,
house is to be erected, is not before
! us andsi is not determined.
u 6. There being no question OF sale