Measure of damages for injury to property not arising from contract
N.D. Cent. Code § 32-03-09.1
in effect32-03-09.1. Measure of damages for injury to property not arising from contract
The measure of damages for injury to property caused by the breach of an obligation not
arising from contract, except when otherwise expressly provided by law, is presumed to be the
reasonable cost of repairs necessary to restore the property to the condition it was in
immediately before the injury was inflicted and the reasonable value of the loss of use pending
restoration of the property, unless restoration of the property within a reasonable period of time
is impossible or impracticable, in which case the measure of damages is presumed to be the
difference between the market value of the property immediately before and immediately after
the injury and the reasonable value of the loss of use pending replacement of the property.
Restoration of the property shall be deemed impracticable when the reasonable cost of
necessary repairs and the reasonable value of the loss of use pending restoration is greater
than the amount by which the market value of the property has been diminished because of the
injury and the reasonable value of the loss of use pending replacement.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t32c03.pdf#nameddest=32-03-09p1Fetched: 10/16/2026