North Dakota Century Code
N.D. Cent. Code § 47-01-23 (2026)
Landowner immunity - Use and condition of roads
✓ current as of May 2026
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A landowner may not be held liable for a claim resulting from the use or condition of a road across the landowner's property unless the landowner is primarily and directly responsible for the construction and maintenance of the road or an affirmative act of the landowner causes or contributes to the claim.\n\n Page No. 3
\nNotes of Decisions
Cited in 1
case, 2009–2009 · leading case: Kappenman v. Klipfel, 2009 ND 89 (N.D. 2009).
Kappenman v. Klipfel, 2009 ND 89 (N.D. 2009). “[¶ 33] North Dakota has adopted these principles in N.D.C.C. § 47-01-23, which provides: A landowner may not be held liable for a claim resulting from the use or condition of a road across the landowner's property unless the landowner is primarily and directly responsible for…”
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