North Dakota Code § 32-15-22

Assessment of damages
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The jury, or court, or referee, if a jury is waived, must hear such legal testimony as may be 
offered by any of the parties to the proceedings and thereupon must ascertain and assess:
1. The value of the property sought to be condemned and all improvements thereon 
pertaining to the realty and of each and every separate estate or interest therein. If it 
consists of different parcels, the value of each parcel and each estate and interest 
therein shall be separately assessed.

2. If the property sought to be condemned constitutes only a part of a larger parcel, the 
damages which will accrue to the portion not sought to be condemned by reason of its 
severance from the portion sought to be condemned and the construction of the 
improvement in the manner proposed by the plaintiff.
3. If the property, though no part thereof is taken, will be damaged by the construction of 
the proposed improvement, the amount of such damages.
4. If the property is taken or damaged by the state or a public corporation, separately, 
how much the portion not sought to be condemned and each estate or interest therein 
will be benefited, if at all, by the construction of the improvement proposed by the 
plaintiff, and if the benefit shall be equal to the damages assessed under subsections 
2 and 3, the owner of the parcel shall be allowed no compensation except the value of 
the portion taken, but if the benefit shall be less than the damages so assessed the 
former shall be deducted from the latter and the remainder shall be the only damages 
allowed in addition to the value of the portion taken.
5. As far as practicable, compensation must be assessed separately for property actually 
taken and for damages to that which is not taken.

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