Bill Summary – FastDemocracy

23.0290.03000
     Sixty-eighth
     Legislative Assembly                    SENATE BILL NO. 2209
     of North Dakota
     Introduced by
       Senators Magrum, Weston
       Representatives Hoverson, S. Olson, Prichard
1    A BILL for an Act to amend and reenact section 49-19-12 of the North Dakota Century Code,
2    relating to eminent domain and carbon dioxide pipelines; and to declare an emergency.
3    BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4       SECTION 1. AMENDMENT. Section 49-19-12 of the North Dakota Century Code is
5    amended and reenacted as follows:
6       49-19-12. When pipeline carrier may exercise right of eminent domain.
7        1.   Every common pipeline carrier which shall have filed with the commission its
8             acceptance of the provisions of this chapter has, subject to chapter 32-15, the right
9             and power of eminent domain in the exercise of which it may enter upon and condemn
10            the land, right of way, easements, and property of any person necessary for the
11            construction, maintenance, or authorization of its pipeline. The manner and method of
12            such condemnation, and the assessment and payment of the damages therefor are
13            the same as is provided by law in the case of railroads. The right of eminent domain
14            and the right to use public lands, highways, or roads for right of way for pipelines shall
15            be acquired only by compliance with the provisions of this chapter.
16       2.   Notwithstanding subsection 1, a carbon dioxide common carrier may not exercise the
17            right of eminent domain under subsection 1 until the common carrier has received
18            written consent from:
19            a.     Eighty-five percent of the landowners that would otherwise be subject to an
20                   eminent domain action under this section; or
21            b.     More than eighty-five percent of the landowners that otherwise would be subject
22                   to an eminent domain action under this section, at the percentage specified by
23                   the board of county commissioners, if the board of county commissioners
                                               Page No. 1                        23.0290.03000
    Sixty-eighth
    Legislative Assembly
1                determines it is necessary to receive consent from a larger percentage of
2                landowners.
3      SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
                                           Page No. 2                       23.0290.03000
Statutes affected: 
INTRODUCED: 49-19-12