§ 32-03-53 — Damage or destruction of crops, livestock, or commodities - Damages

North Dakota § 32-03-53

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-03: Damages and Compensatory Relief

Text

1. A person is liable for damages as provided in subsection 2 if that person willfully and
knowingly damages or destroys any crop, livestock, or commodity which is being
produced, or has been produced for:
a. Personal or commercial purposes; or
b. Testing or research purposes as part of a product development program in
conjunction with or in coordination with a private research facility, a university, or
any federal, state, or local government entity.
2. In awarding damages under subsection 1, a court shall consider the market value of
the crop, livestock, or commodity before the damage or destruction and the
production, research, testing, replacement, and development costs directly related to
the crop, livestock, or the commodity. A person found by the court to have been
damaged under this section may recover reasonable attorney's fees, exemplary
damages, and twice the market value of the crop, livestock, or commodity before the
damage or destruction and twice the actual production, research, testing, replacement,
and development costs. Damages to crops, livestock, or commodities under this
section which are reasonably necessary under a written contract or recorded
easement duly entered into by the crop, livestock, or commodity producer are not
recoverable.
3. This section does not preclude or limit any other right or remedy available under law or
equity.