This bill amends sections of the North Dakota Century Code related to costs and fees in eminent domain proceedings. It specifies that when a public corporation acquires property through condemnation, it is bound by the judgment and must pay the full amount of damages within six months. If the public corporation dismisses the action before judgment, the court is required to award the defendant reasonable costs, including attorney's fees and expenses for expert witnesses. Additionally, the court may award costs to the defendant, which can include interest, costs on appeal, and attorney's fees for all judicial proceedings.
Furthermore, the bill establishes that if the state or any public entity withdraws or dismisses eminent domain proceedings without the defendant's agreement, they are liable to pay the owner all court costs, expenses, and fees, including reasonable attorney's fees and costs for expert witnesses. This ensures that defendants are compensated for their expenses in cases where the proceedings are not pursued to completion. The amendments aim to clarify the responsibilities of public corporations and the state in eminent domain cases, enhancing protections for property owners.
Statutes affected: INTRODUCED: 32-15-28, 32-15-32, 32-15-35