North Dakota Code § 32-15-35

Eminent domain proceedings - Costs of defendant to be paid when
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proceedings withdrawn or dismissed by party bringing the proceedings.
Whenever the state acting by and through its officers, departments, or agencies, or any 
municipality or political subdivision of this state acting by and through its officers, departments, 
or agencies, or any public utility, corporation, limited liability company, association, or other 
entity which has been granted the power of eminent domain by the state, shall commence 
eminent domain proceedings against any land within this state and thereafter withdraws or has 
such proceedings dismissed without agreement of the defendant, the state, municipality, 
political subdivision, public utility, corporation, limited liability company, association, or entity 
commencing such eminent domain proceedings shall be liable for and pay to the owner of such 
land all court costs, expenses, and fees, including reasonable attorney's fees as shall be 
determined by the court in which the proceedings were filed.

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