The owner in fee of a servient tenement may maintain an action for the possession of the land against anyone unlawfully possessed thereof, though a servitude exists thereon in favor of the public.
N.D. Cent. Code § 47-05-11
Public servitude - Effect on owner of fee - Action for possession
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.