N.D. Cent. Code § 47-05-11
47-05-11. Public servitude - Effect on owner of fee - Action for possession
47-05-11. Public servitude - Effect on owner of fee - Action for possession
The owner in fee of a servient tenement may maintain an action for the possession of the
land against anyone unlawfully possessed thereof, though a servitude exists thereon in favor of
the public.