North Dakota Code § 24-05-07

County may deviate from section lines - Condemn or purchase right of way
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Whenever the expense of constructing a highway or any part thereof is to be borne by the 
county, the board of county commissioners thereof has the power to deviate from section and 
township lines and to condemn and purchase right of way for such highway, if in its opinion the 
cost of constructing and maintaining such highway must be decreased materially. The cost of 
obtaining such right of way must be borne by the county.

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