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

N.D. Cent. Code § 32-15-32 (2026)

Costs

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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The court may in its discretion award to the defendant reasonable actual or statutory costs or both, which may include interest from the time of taking except interest on the amount of a deposit which is available for withdrawal without prejudice to right of appeal, costs on appeal, and reasonable attorney's fees for all judicial proceedings. If the defendant appeals and does not prevail, the costs on appeal may be taxed against the defendant. In all cases when a new trial has been granted upon the application of the defendant and the defendant has failed upon such trial to obtain greater compensation than was allowed the defendant upon the first trial, the costs of such new trial shall be taxed against the defendant.

Notes of Decisions
Cited in 36 cases (2 in the last 5 years), 1965–2024 · leading case: Lenertz v. City of Minot N.D., 2019 ND 53, 923 N.W.2d 479.
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Lenertz v. City of Minot N.D., 2019 ND 53, 923 N.W.2d 479. · cites it 46× “VI [¶29] Lenertz argues the district court erred in assessing costs against Lenertz because N.D.C.C. § 32-15-32 precludes the City’s recovery.”
Cass Cnty. Jt. Water Resource Dist. v. Erickson, 2018 ND 228, 918 N.W.2d 371. · cites it 24× “The Ericksons moved for attorney fees and costs under N.D.C.C. § 32-15-32. The District opposed the request, arguing the requested amount of attorney fees and costs was unreasonable.”
City of Bismarck v. Thom, 261 N.W.2d 640 (N.D. 1977). · cites it 20× “The award was made pursuant to § 32-15-32, North Dakota Century Code, which provides: "The court may in its discretion award to the defendant reasonable actual or statutory costs or both, which may include interest from the time of taking except interest on the amount of a…”
Arneson v. City of Fargo, 331 N.W.2d 30 (N.D. 1983). · cites it 34× “Pursuant to Section 32-15-32, N.D.C.C., the district court awarded attorney's fees of $9,750.”
N.D. Dep't of Transp. v. Schmitz, 2018 ND 113, 910 N.W.2d 874. · cites it 21× “II [¶ 5] Schmitz claims attorney and expert fees under N.D.C.C. § 32-15-32 : "The court may in its discretion award to the defendant reasonable actual or statutory costs or both, which may include interest from the time of taking except interest on the amount of a deposit which…”
Gissel v. Kenmare Twp., 512 N.W.2d 470 (N.D. 1994). · cites it 23× “” However, Section 32-15-32, N.D.C.C., specifically addresses costs in eminent domain proceedings and provides: “The court may in its discretion award to the defendant reasonable actual or statutory costs or both, which may include interest from the time of taking except…”
Hager v. City of Devils Lake, 2009 ND 180, 773 N.W.2d 420. · cites it 12× “V [¶ 53] The Hagers argue that the district court erroneously taxed costs against them, contending that N.D.C.C. § 32-15-32 precludes the award of costs against a landowner claiming a taking of property in an inverse condemnation action.”
United Dev. Corp. v. State High. Dep't, 133 N.W.2d 439 (N.D. 1965). · cites it 20× “" The matter of taxing costs in ordinary legal actions has seldom been before this court, while the question of what costs may be taxed under Section 32-15-32 of the North Dakota Century Code, the section providing for the taxation of costs in eminent-domain proceedings, has…”
Lincoln Land Dev., LLP v. City of Lincoln, 2019 ND 81, 924 N.W.2d 426. · cites it 10× “The district court corrected the City multiple times throughout the proceedings, and found Lincoln Land Development was the prevailing party on the inverse condemnation claim. The district court explained that what the City described as multiple inverse condemnation claims were…”
United Power Ass'n v. Moxness, 267 N.W.2d 814 (N.D. 1978). · cites it 18× “The appeal and cross-appeal from part of an order in an eminent domain proceeding (a consolidation of separate suits from Sargent and Richland Counties) involve awards of costs, fees (including attorney fees), and expenses to landowners (§§ 32-15-32 and 32-15-35, NDCC). Sums…”
All. Pipeline L.P. v. Smith, 2013 ND 117, 833 N.W.2d 464. · cites it 8× “On May 1, the Smiths responded with a request to deny Alliance’s application, claiming Alliance did not have authority to enter their land to conduct surveys and seeking attorney fees under N.D.C.C. § 32-15-32 for all proceedings. Alliance replied on May 4, and after the…”
Cassady v. Souris River Tel. Coop., 520 N.W.2d 803 (N.D. 1994). · cites it 14× “50 in attorney fees, based on an hourly rate of $85, and costs under N.D.C.C. § 32-15-32. The trial court found Cassady’s attorney spent about 80 percent of his time on trespass and exemplary damage matters and 20 percent of his time on matters related to eminent domain.”
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