North Dakota Code § 32-17-14

Both parties have right of entry
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The court in which an action is pending for the recovery of real property or for damages for 
an injury thereto, or a judge thereof, on motion, upon notice by either party, for good cause 
shown, may grant an order allowing to such party the right to enter upon the property and make 
survey and measurement thereof and of any tunnels, shafts, or drifts thereon for the purpose of 
the action, even though entry for such purpose has to be made through other lands belonging to 
parties to the action.

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