concurring in part and dissenting in part.
I concur in the reversal and the remand for trial. I would limit the trial to a deter-*702ruination of damages. Res judicata does not bar the Oakes Municipal Airport Authority from condemning Wiese’s land now or at any time in the future.
The doctrine of res judicata is a judicially created doctrine which may be said to exist as an obvious rule of reason, justice, fairness, expediency, practical necessity, and public tranquillity. See 46 Am.Jur.2d Judgments, § 395, and cases cited therein. There are situations, at least in eminent domain proceedings (including inverse condemnations), in which, by reason of statutes or otherwise, it becomes impossible, unfair or impractical to apply the doctrine. See cases cited in 30 C.J.S. Eminent Domain §415.
Although repeals (and amendments) by implication may not be preferred, when a specific statute is in fact in conflict with a general statute, the special provision shall prevail. Section 1-02-07, NDCC.
Section 2-06-08, NDCC, provides, in part, that:
“Notwithstanding the provisions of any other statute or other law of this state, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of such proceedings.”
The authority to judicially review necessity for taking, as found in Chapter 32-15, NDCC, has been cancelled by the provision authorizing immediate possession. If the court is to actually review necessity for taking, it must have authority to'divest the taker of possession or right of possession. I find no such authority granted.