## Facts

- Raymond Rutten owned land in Ramsey County, North Dakota, on both sides of a section line opened for travel as a public highway right-of-way.
- Rutten alleged he retained fee title to the land underlying the right-of-way, subject only to a public easement for highway purposes.
- Rutten posted his land on both sides of the section line against hunting as permitted by statute.
- During the 1951 hunting season, Wood allegedly parked along the right-of-way, shot at geese flying over Rutten’s land and the highway, and repeatedly entered Rutten’s fields to retrieve downed geese.
- Rutten alleged Wood’s conduct created a hazardous condition along the highway and caused repeated trespasses and crop damage.
- Rutten sought an injunction, alleging damages actions would be inadequate and would require multiple suits due to continuing trespass.

## Issues

1. Whether a public highway easement for travel and highway purposes includes the right to hunt from the highway right-of-way over adjoining posted land.
2. Whether a hunter may enter posted private land to retrieve game shot from the highway right-of-way.
3. Whether allegations of repeated trespass, hazard, and inadequate legal remedies state a claim for injunctive relief.

## Decision

- The Supreme Court of North Dakota affirmed the order overruling Wood’s demurrer.
- The court held the complaint stated a cause of action for injunctive relief.
- The court treated the highway as a public easement for highway purposes only, with fee title remaining in the landowner.
- The court concluded hunting from the right-of-way was not a use incident to highway purposes and could be enjoined, as could entry onto posted land to retrieve game.

## Legal Principles

- Opening land for a public highway commonly creates an easement for travel and highway purposes; the fee remains in the abutting landowner unless conveyed.
- Public use of a highway easement is limited to activities reasonably incident to highway purposes; unrelated activities such as hunting fall outside the easement.
- A fee owner retains possession and control consistent with the easement and may exclude others from non-easement uses, including hunting where the land is lawfully posted.
- Injunctive relief may be available to restrain continuous or repeated trespass when legal remedies are inadequate and would require a multiplicity of actions.

## Conclusion

The court upheld the legal sufficiency of a landowner’s injunction claim against a hunter who used a public highway right-of-way to hunt over posted land and repeatedly entered the land to retrieve game, because a highway easement does not extend to hunting and equity may restrain ongoing trespass and related hazards.


Rutten v. Wood, 57 N.W.2d 112 (N.D. 1953)