N.D. Cent. Code § 11-20-14.1

11-20-14.1. Disputed property lines - Petition to district court - Effect of survey -

Payment of expenses.

1. One or more owners of property may file with the clerk of district court a petition

requesting the district court to direct the county surveyor to survey the property. The

court shall set a time and place for a hearing on the petition. The hearing may not

occur until three weeks after the petitioner has published notice of the petition,

containing the substance of the petition, a description of the lands affected, and the

names of the owners of the affected lands as they appear in the latest tax roll, and

after the petitioner has mailed written notice to each occupant of land affected by the

survey.

2. At the hearing on the petition, all interested parties may appear and be heard. If the

district court finds that there is a dispute as to the location of a property line, the court

may grant the petition. If a county surveyor is not available to conduct the survey, the

court may appoint a registered land surveyor to conduct the survey. The surveyor shall

provide reasonable advance written notice to occupants of affected lands specifying

the date when the survey will begin.

3. After the survey has been completed, the surveyor shall file a record of survey under

sections 11-20-12 and 11-20-13. The certificate of the surveyor is presumptive

evidence of the facts contained in the survey and certificate.

4. After the survey has been completed, the surveyor shall make a certified report to the

district court showing in detail the entire expense of the survey with recommendations

as to apportionment of the expense. The court shall apportion equitably the expense of

the survey to the several tracts affected and provide written notice of the proposed

assessment to each owner affected. The notice must inform the affected owners of

their right to appear in district court no sooner than fourteen days after the notices are

mailed to object to the assessments. Following consideration of any objections, the

court shall make any corrections or adjustments necessary, enter an order confirming

the assessment, and order the parties to pay the surveyor within thirty days.

5. Upon certification by the surveyor that an affected owner has not paid the fees ordered

by the district court within thirty days, the county auditor shall assess the amount

against the land of each person affected. The county treasurer shall collect the

assessments in the same manner as general property taxes are collected. On the

order of the county auditor, the county treasurer shall pay any fees and expenses to a

registered land surveyor who has conducted the survey.