N.D. Cent. Code » Title 24 · Chapter 24-07
North Dakota Century Code

N.D. Cent. Code § 24-07-01 (2026)

Public roads by prescription

✓ current as of May 2026
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All public roads and highways within this state which have been or which shall be open and in use as such, during twenty successive years, hereby are declared to be public roads or highways and confirmed and established as such whether the same have been laid out, established, and opened lawfully or not.

Notes of Decisions
Cited in 22 cases, 1966–2020 · leading case: State v. Herzig, 2012 ND 247, 825 N.W.2d 235.
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State v. Herzig, 2012 ND 247, 825 N.W.2d 235. · cites it 46× “1985), we conclude this dispute was ill-suited for a criminal action and instead should have been resolved in a civil action because there existed a legitimate dispute as to whether the area upon which Daniel Herzig was alleged to have trespassed was a public road by…”
McKenzie Cnty. v. Reichman, 2012 ND 20, 812 N.W.2d 332. · cites it 26× “I [¶ 2) In 2006, McKenzie County sued Reichman, alleging a road that crosses her land and ranch headquarters in McKenzie County had been used by the public in an open, general, continuous, and uninterrupted manner for at least 20 successive years and seeking a prescriptive…”
Backhaus v. Renschler, 304 N.W.2d 87 (N.D. 1981). · cites it 18× “In his complaint, Backhaus sought to establish that a public road had been obtained by prescription over the Renschler's property under Section 24-07-01, N.D.C.C., which provides: " 24-07-01.”
State v. Meyer, 361 N.W.2d 221 (N.D. 1985). · cites it 20× “It appears from the record before us, however, that the issue before the trial court was whether or not the road in question was a public road by virtue of Section 24-07-01, N.D.C.C., which provides that all public roads and highways within this State which have been or which…”
Home of Econ. v. Burlington N. Santa Fe R.R., 2007 ND 127, 736 N.W.2d 780. · cites it 16× “I [¶2] In June 2003, without obtaining permission from any public entity or Home of Economy, BNSF closed a grade crossing in Grand Forks that provided access from State Mill Road across a spur line to property referred to by the parties as “the Olson property.”
Keidel v. Rask, 304 N.W.2d 402 (N.D. 1981). · cites it 14× “] This road has been in existence for over twenty (20) successive years and qualifies as a public prescriptive road under the provisions of Section 24-07-01 of the North Dakota Century Code.”
Nagel v. Emmons Cnty. North Dakota Water Resource Dist., 474 N.W.2d 46 (N.D. 1991). · cites it 4× “1985) [The basic requirements for establishing a road by prescription pursuant to Section 24-07-01, NDCC, (1) general, continuous, uninterrupted, and adverse use of a road, (2) by the public under a claim of right, (3) for a period equal to that for the limitation of real…”
Home of Econ. v. Burlington N. Santa Fe R.R., 2010 ND 49, 780 N.W.2d 429. · cites it 11× “Home of Economy sued BNSF in state district court for damages and an injunction ordering BNSF to re-open the crossing. Home of Economy claimed BNSF could not unilaterally close the grade crossing because longstanding public use of the crossing created a public road by…”
Home of Econ. v. Burlington N. Santa Fe R.R., 2005 ND 74, 694 N.W.2d 840. · cites it 2× “The court said its holding was narrow because state proceedings were incomplete and *846 states do not operate in this arena free of federal involvement, and if federal funding was used for one or more of the four bridge projects, federal law would apportion the cost.”
Wagner v. Crossland Constr. Co., Inc., 2013 ND 219, 840 N.W.2d 81. · cites it 2× “*87 [¶ 16] “Under N.D.C.C. § 24-07-01, a party asserting the existence of a public road by prescription has the burden of establishing by clear and convincing evidence the general, continuous, uninterrupted and adverse use of a road by the public under a claim of right for 20…”
State v. Perreault, 2002 ND 14, 638 N.W.2d 541. · cites it 2× “*544 Rather, the only dispute was whether the road had become public by virtue of prescription as set forth in N.D.C.C. § 24-07-01. Id. We concluded, where there was a legitimate dispute as to whether a road had become a public road by prescription, the proper procedure is to…”
Keidel v. Rask, 290 N.W.2d 255 (N.D. 1980). · cites it 2× “The establishment of public roads by prescription is permitted in North Dakota by § 24-07-01, North Dakota Century Code, which provides as follows:- “Public roads by prescription.”
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