This bill introduces a new section to chapter 38-11.1 of the North Dakota Century Code, which mandates a pretrial appraisal before any legal action can be initiated to recover compensation related to oil and gas drilling operations. Specifically, it requires individuals entitled to compensation to obtain a written appraisal valuing all affected parcels, conducted by a certified appraiser or an individual with the appropriate temporary or permanent permit. Additionally, the bill stipulates that the mineral developer must receive a copy of the appraisal before a court can take jurisdiction over the case, and they are required to reimburse the surface owner for the appraisal costs.

Furthermore, the bill amends section 38-11.1-09, clarifying that if a person seeking compensation rejects an offer from the mineral developer and subsequently wins a greater amount in court, they are entitled to reasonable attorney's fees and costs, as well as interest on the awarded compensation from the commencement of drilling. The amendment also updates the language regarding the calculation of costs and disbursements, ensuring that they align with chapter 28-26. Overall, the bill aims to streamline the process for compensation claims while ensuring that surface owners are not burdened with appraisal costs.

Statutes affected:
INTRODUCED: 38-11.1-09
Prepared by the Legislative Council staff for Senator Boehm: 38-11.1-09
FIRST ENGROSSMENT: 38-11.1-09
Prepared by the Legislative Council staff for Representative Porter: 38-11.1-09
Enrollment: 38-11.1-09