§ 1-26-516 — Action for inverse condemnation

When a person possessing the power of condemnation takes
possession of or damages land in which he has no interest, or
substantially diminishes the use or value of land, due to
activities on adjoining land without the authorization of the
owner of the land or before filing an action of condemnation,
the owner of the land may file an action in district court
seeking damages for the taking or damage and shall be granted
litigation expenses if damages are awarded to the owner.