North Dakota Code § 32-17-02

Use and occupation - Waste - Pleading - Possession
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A recovery may be had in the action by any party against a defendant personally served or 
who has appeared, or against the plaintiff, for the value of the use and occupation of the 
premises and for the value of the property wasted or removed therefrom, in the case of a vendor 
holding over, or a trespasser, as well as in a case in which the relation of vendor and vendee 
has existed. If such recovery is desired by the plaintiff, the plaintiff shall allege the fact, stating 
particularly the value of the use and occupation, the value of the property wasted or removed, 
and the value of the real property aside from the waste or removal, and shall demand 
appropriate relief in the complaint. A recovery of possession also may be had by the plaintiff or 
any defendant asking for affirmative relief.

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