25.1345.03000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Boehm, Magrum, Wobbema
Representatives D. Johnston, Koppelman, Fisher
A BILL for an Act to amend and reenact section 32-15-06 of the North Dakota Century Code,
relating to the surveying process during eminent domain proceedings.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 32-15-06 of the North Dakota Century Code is
amended and reenacted as follows:
32-15-06. Entry for making surveys.
1.a.In all cases whena case in which land is required for public use, the person or
corporation, or the person's or corporation's agents, in charge of suchthe use
may survey and locate the same, but itland after providing the owner on the tax
list a written notice of intent to survey. The notice must contain the name,
proposed completion date, type, proposed route or location of the project
associated with the survey, nature of the work the person in charge of the public
use intends to complete, and the name, telephone number, physical address, and
mailing address of the person in charge of the public use.
b.The person in charge of the public use shall deliver the notice to the owner on the
tax list through certified mail. The person in charge of the public use may not
survey the land until thirty days after delivery of the notice, unless the owner
consents to an earlier survey date. If the person in charge of the public use fails
to survey the land within ninety days of delivery of the notice, the person shall
deliver a new notice of intent to survey through certified mail. A survey conducted
under a subsequently issued notice of intent to survey must be conducted in
accordance with the timeline established under this subdivision.
Page No. 1 25.1345.03000
ENGROSSED SENATE BILL NO. 2379
FIRST ENGROSSMENT
with House Amendments
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22 Sixty-ninth
Legislative Assembly
2.The survey and location of the condemner's project must be located in the manner
which will be compatible with the greatest public benefit and the least private injury
and subject to the provisions of section 32-15-21. Whoever is
3.The person in charge of suchthe public use may enter upon the land and make
examinations, surveys, and maps thereofof the land in accordance with subsection 1,
and suchthe entry constitutes nodoes not constitute a claim for relief in favor of the
owner of the land except for injuries resulting from negligence, wantonness, or malice.
Page No. 2 25.1345.03000
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