North Dakota Code 4.1-33-18 – Pesticide application – Alleged property damage – Notification of applicator
1. a. Before a person may file a civil action seeking reimbursement for property damage allegedly stemming from the application of a pesticide, the person shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of:
Terms Used In North Dakota Code 4.1-33-18
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
(1) Twenty-eight days from the date the person first knew or should have known of the alleged damage; or
(2) Before twenty percent of the crop or field allegedly damaged is harvested or destroyed.
b. Subdivision a does not apply if the person seeking reimbursement for property damage was the applicator of the pesticide.
2. Upon notifying the applicator as required under subsection 1, the person seeking reimbursement for the alleged property damage shall permit the applicator and up to four representatives of the applicator to enter the person’s property for the purpose of observing and examining the alleged damage. If the person fails to allow entry, the person is barred from asserting a claim against the applicator.