N.D. Cent. Code § 60-06-09: Election of gross sum or annual rental

The court or jury, as the case may be, shall find and assess compensation both in the form of an annual rental and in the form of a gross sum for the right, privilege, and easement sought. Immediately after the finding or verdict has been made, the party against whom the proceedings have been taken shall elect whether to receive the annual rental or the gross sum found. In case such election is not made by such party, then the other party to the proceedings may make such election.