N.D. Cent. Code § 32-17-23: When judgment of forfeiture for waste given to holder of reversion

Judgment of forfeiture and eviction shall not be given in favor of the person entitled to the reversion against the tenant in possession unless the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate or unexpired term, or to have been done in malice.