Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2379
(Senators Boehm, Magrum, Wobbema)
(Representatives D. Johnston, Koppelman, Fisher)
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.
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. S. B. NO. 2379 - PAGE 2
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2379.
Senate Vote:Yeas 39 Nays 8 Absent 0
House Vote: Yeas 69 Nays 23 Absent 2
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State