North Dakota Code § 32-15-34

New trials and appeals
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The provisions of this code relative to new trials and appeals, except insofar as they are 
inconsistent with the provisions of this chapter, apply to the proceedings mentioned in this 
chapter, but upon the payment of the damages assessed the plaintiff shall be entitled to enter 
into, improve, and hold possession of the property sought to be condemned as provided in 
section 32-15-29 and to devote the same to the public use in question, and no motion for a new 
trial or appeal after such payment shall retard the contemplated improvement in any manner. 
Any money which shall have been deposited, as provided in section 32 -15-29, shall be applied 
to the payment of the recovery upon a new trial and the remainder, if there is any, shall be 
returned to the plaintiff.

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