North Dakota Code § 40-25-07

Measure of damages when negligence of taxing district shown
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If it is shown that any municipality or other taxing district has been guilty of negligence 
which will amount to a breach of its duty to holders of special assessment warrants, such 
municipality or taxing district shall be liable in damages to the holders of the special assessment 
warrants. Such damages, however, shall be limited to the actual damages sustained by the 
warrant holder or holders as the direct and proximate result of such negligence. If the damage 
for negligence is predicated upon any act of the municipality or other taxing district which 
resulted in the loss of any special assessment lien upon real property, the measure of damages 

shall be limited to the value at the time of trial of the property upon which the lien was lost over 
and above the amount of the general taxes delinquent against such property at the time that the 
county acquired title thereto. The face amount of the warrants involved in any action shall be 
considered only as a limitation of the amount which may be recovered in such action on said 
special assessment warrants.

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