North Dakota Code § 32-17-20

Claimants on public land
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Any person settled upon the public lands belonging to the United States on which 
settlement is not prohibited expressly by Congress, or some department of the general 
government, may maintain an action for any injuries done to the same, or an action to recover 
the possession thereof, in the same manner as if the person possessed a fee simple title to 
such lands.

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