Bill Summary – FastDemocracy

23.0991.03000
     Sixty-eighth
     Legislative Assembly                     HOUSE BILL NO. 1510
     of North Dakota
     Introduced by
       Representatives Klemin, Cory, Karls, J. Olson
       Senator Sickler
1    A BILL for an Act to amend and reenact section 38-11.1-09 of the North Dakota Century Code,
2    relating to legal fees and costs a surface owner or mineral developer may be awarded in cases
3    relating to the development of minerals.
4    BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5        SECTION 1. AMENDMENT. Section 38-11.1-09 of the North Dakota Century Code is
6    amended and reenacted as follows:
7        38-11.1-09. Rejection - Legal action - Fees and costs.
8        If the personsurface owner seeking compensation rejects the offer of the mineral developer,
9    that personthe surface owner may bring an action for compensation in the court of proper
10   jurisdiction. If the amount of compensation awarded by the court to the surface owner is greater
11   than that which had been offered by the mineral developer to the surface owner, the court shall
12   deem the surface owner the prevailing party that is entitled to reasonable attorney's fees and
13   costs. If the amount of compensation awarded by the court to the surface owner is less than
14   that which had been offered by the mineral developer, the surface owner is not entitled to
15   attorney's fees and costs as the prevailing party. In addition to determining and awarding
16   compensation, the court shall award the person seeking compensationsurface owner
17   reasonable attorney's fees, anyand costs assessed by the court, and not to exceed the total
18   amount of compensation awarded by the court to the surface owner. The court shall award
19   interest on the amount of the final compensation over and above the amount offered by the
20   mineral developer and awarded by the court from the day drilling is commenced. The rate of
21   interest awarded must be the prime rate charged by the Bank of North Dakota on the date of
22   the judgment. If the mineral developer issues an offer of settlement under rule 68 of the North
23   Dakota Rules of Civil Procedure, the offer must be the offer for purposes of determining who is
24   the prevailing party for the period after the settlement offer. The prevailing party for the earlier
                                                Page No. 1                          23.0991.03000
    Sixty-eighth
    Legislative Assembly
1   period is entitled only to reasonable attorney's fees and costs incurred by the prevailing party on
2   and after the date the settlement offer was made and the prevailing party for any earlier period
3   is entitled only to reasonable attorney's fees and costs incurred by the prevailing party before
4   the settlement offer was made with the net award of attorney's fees and costs not to exceed the
5   limits in this section.
                                             Page No. 2                         23.0991.03000
Statutes affected: 
INTRODUCED: 38-11.1-09
FIRST ENGROSSMENT: 38-11.1-09