North Dakota Code § 24-05-23

Encroachment upon county roads, ditches, approaches - Liability for
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damages.
A landowner who encroaches upon a county road or its ditches or approaches must be 
given notice by the board of commissioners for that county that the encroachment has been 
discovered. If the landowner fails to remedy the encroachment within twenty days after receiving 
the notice, that landowner is liable to the county for damages resulting from the encroachment. 
The board of commissioners for that county shall issue to the landowner written notice of the 
amount of damages determined to be a result of the encroachment. If the landowner fails to pay 
the county for the damages, the expense of the repair must be charged to the land of the 
landowner. The expenses charged become a part of the taxes to be levied against the land for 
the ensuing year and must be collected in the same manner as other real estate taxes are 
collected and placed to the credit of the county that incurred the expense of the repair.

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