North Dakota § 32-17-12 - Adjustment of cross judgments

§ 32-17-12. Adjustment of cross judgments

If the decision of the court is in favor of one party for the recovery of the real property and in favor of another for improvements, the former shall have the option for sixty days after receiving notice that the findings are filed to pay the value of such improvements less such sums as may be found due for use and occupation and waste, or to take judgment against the other party for the value of the land aside from the improvements, as determined by the findings, and such sums as may be found due for use and occupation and waste. If such option is not exercised in writing by such party or such party's attorney, and filed with the clerk within sixty days, the other party thereupon may exercise the option for such party in like manner. If the party entitled to the possession of the property received in lieu thereof a money judgment, the other party may be subrogated to all the former's rights therein, including all the relief that party otherwise would be entitled to under the findings, and judgment thereupon shall be entered accordingly. Until payment is made by the party recovering the land, or until tender and deposit in the office of the clerk of the court in which the action is pending, no writ for the possession of the property shall be issued.