North Dakota Code § 11-10-26

Appeal after deposit for taking
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When the county seeks acquisition of right of way through eminent domain proceedings 
authorized by chapter 32 -15, the board of county commissioners may make an offer to 
purchase the right of way and deposit the amount of the offer with the clerk of the district court 
and thereupon take immediate possession of the right of way as authorized by section 16 of 
article I of the Constitution of North Dakota. Within thirty days after notice has been given in 
writing to the landowner by the clerk of the district court that a deposit has been made for the 
taking of property as authorized in this section, the owner of the property taken may appeal to 
the district court by serving a notice of appeal upon the board of county commissioners, and the 
matter must be tried at the next regular or special term of court with a jury unless a jury is 
waived, in the manner prescribed for trials under chapter 32-15.

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