§ 61-07-33 — Appeal to district court - Time - Undertaking required - Docketing

North Dakota § 61-07-33

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-07: Powers of Irrigation Districts

Text

An appeal may be taken to the district court from any order or decision of the board of an
irrigation district, by any person who is aggrieved thereby. The appeal must be taken in

accordance with the procedure provided in section 28-34-01. To effect an appeal, an
undertaking must be executed by the appellant and sufficient surety conditioned that the
appellant will prosecute such 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 irrigation district as
the obligee and may be enforced by the district. 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, and 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 thus taken
must be docketed in the district court as any civil cause commenced in the district court is
docketed and must be heard and determined without a jury. Appeals to the supreme court may
be taken by the irrigation district or any other party to the cause from any judgment entered in
the district court in any such cause and from any order of said court if an appeal would lie from
such an order if the same were entered by the court in any other civil action.