North Dakota Code § 40-39-03

Grades of streets, alleys, and sidewalks - Established - Record - Changing -
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Liability.
The governing body, by ordinance, may establish the grade of all streets, alleys, and 
sidewalks in the municipality as the convenience of its inhabitants may require. A record of the 
grades, together with a profile thereof, shall be kept in the office of the city engineer, or of the 
city auditor, if the city has no engineer. If the municipality changes the grade of any street after it 
has been established, it shall be liable to the abutting property owners for any damage they may 
sustain by reason of any permanent improvements made by them to conform to the grade as 
first established.

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