North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2379 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	SENATE BILL NO. 2379
4		-	(Senators Boehm, Magrum, Wobbema)
5		-	(Representatives D. Johnston, Koppelman, Fisher)
6		-	AN ACT to amend and reenact section 32-15-06 of the North Dakota Century Code, relating to the
7		-	surveying process during eminent domain proceedings.
	1	+	25.1345.02004
	2	+	Title.03000
	3	+	Adopted by the House Energy and
	4	+	Natural Resources Committee
	5	+	Sixty-ninth
	6	+	March 21, 2025
	7	+	Legislative Assembly
	8	+	of North Dakota
	9	+	Introduced by
	10	+	Senators Boehm, Magrum, Wobbema
	11	+	Representatives D. Johnston, Koppelman, Fisher
	12	+	A BILL for an Act to amend and reenact section 32-15-06 of the North Dakota Century Code,
	13	+	relating to the surveying process during eminent domain proceedings.
8	14		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 32-15-06 of the North Dakota Century Code is ~~amended and~~
10		-	reenacted as follows:
	15	+	SECTION 1. AMENDMENT. Section 32-15-06 of the North Dakota Century Code is
	16	+	amended and reenacted as follows:
11	17		32-15-06. Entry for making surveys.
12	18		1. a. In all cases whena case in which land is required for public use, the person or
13		-	corporation, or the person's or corporation's agents, in charge of suchthe use may survey
14		-	and locate the same, but itland after providing the owner on the tax list a written notice of
15		-	intent to survey. The notice must contain the name, proposed completion date, type,
16		-	proposed route or location of the project associated with the survey, nature of the work
17		-	the person in charge of the public use intends to complete, and the name, telephone
18		-	number, physical address, and mailing address of the person in charge of the public use.
19		-	b.The person in charge of the public use shall deliver the notice to the owner on the tax list
20		-	through certified mail. The person in charge of the public use may not survey the land
21		-	until thirty days after delivery of the notice, unless the owner consents to an earlier
22		-	survey date. If the person in charge of the public use fails to survey the land within ninety
23		-	days of delivery of the notice, the person shall deliver a new notice of intent to survey
24		-	through certified mail. A survey conducted under a subsequently issued notice of intent to
25		-	survey must be conducted in accordance with the timeline established under this
26		-	subdivision.
27		-	2.The survey and location of the condemner's project must be located in the manner which will
28		-	be compatible with the greatest public benefit and the least private injury and subject to the
29		-	provisions of section 32-15-21. Whoever is
30		-	3.The person in charge of suchthe public use may enter upon the land and make examinations,
31		-	surveys, and maps thereofof the land in accordance with subsection 1, and suchthe entry
32		-	constitutes nodoes not constitute a claim for relief in favor of the owner of the land except for
33		-	injuries resulting from negligence, wantonness, or malice. S. B. NO. 2379 - PAGE 2
34		-	____________________________ ____________________________
35		-	President of the Senate Speaker of the House
36		-	____________________________ ____________________________
37		-	Secretary of the Senate Chief Clerk of the House
38		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
39		-	Dakota and is known on the records of that body as Senate Bill No. 2379.
40		-	Senate Vote:Yeas 39 Nays 8 Absent 0
41		-	House Vote: Yeas 69 Nays 23 Absent 2
42		-	____________________________
43		-	Secretary of the Senate
44		-	Received by the Governor at ________M. on _____________________________________, 2025.
45		-	Approved at ________M. on __________________________________________________, 2025.
46		-	____________________________
47		-	Governor
48		-	Filed in this office this ___________day of _______________________________________, 2025,
49		-	at ________ o’clock ________M.
50		-	____________________________
51		-	Secretary of State
	19	+	corporation, or the person's or corporation's agents, in charge of suchthe use
	20	+	may survey and locate the same, but itland upon obtaining written consent
	21	+	from after providing the landowner or by order of the court owner on the tax list a
	22	+	written notice of intent to survey . The notice must contain the n ame, proposed
	23	+	completion date, type, proposed route or location of the project associated with
	24	+	the survey, nature of the work the person in charge of the public use intends to
	25	+	complete, and the name, telephone number, physical address, and mailing
	26	+	address of the person in charge of the public use.
	27	+	b. The person in charge of the public use shall deliver the notice to the owner on the
	28	+	tax list through certified mail. The person in charge of the public use may not
	29	+	survey the land until thirty days after delivery of the notice, unless the owner
	30	+	consents to an earlier survey date. If the person in charge of the public use fails
	31	+	to survey the land within ninety days of delivery of the notice , the person shall
	32	+	Page No. 1 25.1345.02004
	33	+	ENGROSSED SENATE BILL NO. 2379
	34	+	FIRST ENGROSSMENT
	35	+	PROPOSED AMENDMENTS TO
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	55	+	20 Sixty-ninth
	56	+	Legislative Assembly
	57	+	deliver a new notice of intent to survey through certified mail. A survey conducted
	58	+	under a subsequently issued notice of intent to survey must be conducted in
	59	+	accordance with the timeline established under this subdivision .
	60	+	2. The survey and location of the condemner's project must be located in the manner
	61	+	which will be compatible with the greatest public benefit and the least private injury
	62	+	and subject to the provisions of section 32-15-21. Whoever is
	63	+	3. The person in charge of suchthe public use may enter upon the land and make
	64	+	examinations, surveys, and maps thereofof the land in accordance with subsection 1 ,
	65	+	and suchthe entry constitutes nodoes not constitute a claim for relief in favor of the
	66	+	owner of the land except for injuries resulting from negligence, wantonness, or malice.
	67	+	Page No. 2 25.1345.02004
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