N.D. Cent. Code » Title 32 · Chapter 32-15
North Dakota Century Code

N.D. Cent. Code § 32-15-23 (2026)

When right to damages accrues

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section ND-LEGndlegis.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the taking and its actual value at that date shall be the measure of compensation for all property actually to be taken, and the basis of damages to the property not actually taken, but injuriously affected, in all cases when such damages are allowed as provided in section 32-15-22. The time of the taking shall be determined by the court.

Notes of Decisions
Cited in 5 cases, 1979–2019 · leading case: Hager v. City of Devils Lake, 2009 ND 180, 773 N.W.2d 420.
Sort: Relevance Newest Treatment
Hager v. City of Devils Lake, 2009 ND 180, 773 N.W.2d 420. · cites it 2× “[¶ 42] In concluding that the Hagers’ inverse condemnation action on the smaller parcel accrued at the time of the taking in 1998, the district court applied N.D.C.C. § 32-15-23, which provides: For the purpose of assessing compensation and damages, the right thereto shall be…”
Cass Cnty. Jt. Water Resource Dist. v. Erickson, 2018 ND 228, 918 N.W.2d 371. · cites it 2× “" N.D.C.C. § 32-15-23. [¶ 8] The amount of damages in an eminent domain action is a question of fact, subject to the clearly erroneous standard of review.”
Becker v. Burleigh Cnty., 2019 ND 68, 924 N.W.2d 393. · cites it 2× “" Because we have rejected the landowners' claim that the County's easement to the District impaired any remaining interest of the landowners after the 1994 dedication, the landowners are unable to establish any taking at this time.”
Hultberg v. Hjelle, 286 N.W.2d 448 (N.D. 1979). · cites it 2× “Section 32-15-23, N.D.C.C. This court has defined fair market value in eminent domain cases as the highest price for which property can be sold in the open market by a willing seller to a willing purchaser, neither acting under compulsion and both exercising reasonable judgment.”
Becker v. Burleigh Cnty., 2019 ND 68. · cites it 2× “” Because we have rejected the landowners’ claim that the County’s easement to the District impaired any remaining interest of the landowners after the 1994 dedication, the landowners are unable to establish any taking at this time.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.