§ 61-05-20 — Appeal to district court from orders and decisions of the department of water resources - Time - Undertaking

North Dakota § 61-05-20

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-05: Organization of Irrigation Districts

Text

water resources - Time - Undertaking.
An appeal may be taken to the district court from any order or decision of the department of
water resources by any person who is aggrieved by the order or decision, at any time within
thirty days after the order or decision has been filed with the county auditor of the county in
which the appeal is taken. The appeal must be taken by serving notice of appeal on the director
of the department of water resources and by filing the notice of appeal, proof of service of the
notice, and the undertaking required in this section with the clerk of the district court of the
county in which the appeal is taken. To effect an appeal an undertaking must be executed by
the appellant and sufficient surety conditioned that the appellant will prosecute the appeal
without delay and will pay all costs adjudged against the appellant in the district court. The
undertaking must be made in favor of the department of water resources as obligee and may be
enforced by the department. The appeal must be taken to the district court of the county in
which the land claimed to be affected adversely by the order or decision appealed from is
situated. If the land is situated in more than one county, the appeal may be taken to the district
court of any county in which any part of the land is situated. Any appeal taken under this section
must be docketed in the district court as any civil cause commenced in the district court is
docketed. The district court has and shall exercise original jurisdiction in the appeal and shall
hear and rule on the case, without a jury, in the same manner as a civil cause originally
commenced in that court. The court may require and fix the time for the service and filing of
formal pleadings. Appeals to the supreme court may be taken by the department of water
resources or any other party to the cause from any judgment entered in the district court and
from any order of the court if an appeal would lie from the order if the order were entered by the
court in any other civil action.