Kral v. Boesch’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There is a reasonable necessity for such drainage. Evidence was presented which shows the land to be tiled is in need of additional drainage to improve its crop output. No evidence was presented which disputed the need for additional drainage. Reasonable care is being taken to avoid unnecessary injury to the land receiving the burden. [Jones’s] hydrology studies show the proposed additional drainage from the Croatt land would result in only a 458 gpm pumping rate and indicated the ditch to which the water is to be drained “appears to have more than 10 times the capacity of the tile pump.” The studies further indicated the additional water from the Croatt land “to be essentially unchanged from the existing conditions” and “the capacity of the soil to absorb more runoff than it currently does should be enhanced during the growing season since the soil profile should be drier prior to summer rainfall events as a result of the tile.” While there were photographs showing the [highway] 17 ditch full of water during a major flooding [event], there was no evidence presented which disputed the hydrological findings. The utility or benefit accruing to the land drained reasonably outweighs the gravity of the harm resulting to the land receiving the burden. The hydrology studies indicate there will be no harm to the land receiving the burden. Additionally, there was evidence presented that the Croatt land will receive a benefit and be better utilized with additional drainage. The propose”

   1 later decision quote this exact passage
   e.g. Goerke Family Partnership, Donald Shelstad v. Lac qui Parle-Yellow Bank Watershed District, William Croatt

2. “The rule is that in effecting a reasonable use for a legitimate purpose a landowner, acting in good faith, may drain his land of surface waters and cast them as a burden upon the land of another, although such drainage carries with it some waters which would otherwise have never gone that way if (a) there is a reasonable necessity for such drainage; (b) reasonable care be taken to avoid unnecessary injury to the land receiving the burden; (c) the utility or benefit accruing to the land drained reasonably outweighs the gravity of the harm resulting to the land receiving the burden; (d) where practicable, it is accomplished by reasonably improving and aiding the normal and natural system of drainage according to its reasonable carrying capacity, or if, in the absence of a practica ble natural drain, a reasonable and feasible artificial drainage system is adopted. In determining reasonableness, a court should consider the extent of harm caused, its foreseeability, and the landowner’s motive for the action taken. No one factor or circumstance is controlling and what is a reasonable use is a fact question to be resolved depending on the facts of each case.”

   1 later decision quote this exact passage
   e.g. Goerke Family Partnership, Donald Shelstad v. Lac qui Parle-Yellow Bank Watershed District, William Croatt