North Dakota Century Code

N.D. Cent. Code § 32-34-11 (2026)

Damages - Peremptory writ

✓ current as of May 2026

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If judgment is given for the applicant, the applicant may recover the damages which the applicant has sustained as found by the jury, or as may be determined by the court, or referee upon a reference to be ordered, together with costs, and for such damages and costs execution may issue, and a peremptory mandamus also must be awarded.

Notes of Decisions

Cited in 3 cases, 1994–2000 · leading case: Fandrich v. Wells Cty. Bd. of Cnty. Comm'rs, 2000 ND 181 (N.D. 2000).

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Fandrich v. Wells Cty. Bd. of Cnty. Comm'rs, 2000 ND 181 (N.D. 2000). · cites it 2× “[¶ 28] When the unappealed writ of mandamus was issued, the trial court [3] awarded the landowners their costs and one-half their attorney fees as "damages" under N.D.C.C. § 32-34-11. The landowners claim their subsequent challenge to the County's flood control plan is merely a…”

Fandrich v. Wells Cnty. Bd. of Cnty. Commissioners, 618 N.W.2d 166 (N.D. 2000). · cites it 2× “[¶ 28] When the unappealed writ of mandamus was issued, the trial court 3 awarded the landowners their costs and one-half their attorney fees as “damages” under N.D.C.C. § 32-34-11. The landowners claim their subsequent challenge to the County’s flood control plan is merely a…”

Smith v. Rustad, 524 N.W.2d 91 (N.D. 1994). · cites it 2× “Arthur and Jacqueline Smith have requested attorney fees and costs as damages pursuant to § 32-34-11, N.D.C.C., which is made applicable to writs of prohibition by § 32-35-04, N.”

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