The bill amends section 32-15-06 of the North Dakota Century Code, which governs the surveying process during eminent domain proceedings. It introduces new requirements for notifying landowners when their land is needed for public use. Specifically, the person or entity in charge of the public use must provide a written notice of intent to survey to the landowner on the tax list, detailing the project’s name, proposed completion date, type, route or location, nature of the work, and contact information. This notice must be delivered via certified mail, and surveying cannot commence until thirty days after the notice is delivered, unless the landowner consents to an earlier date. If the survey is not conducted within ninety days of the notice, a new notice must be issued.

Additionally, the bill clarifies that the survey and location of the project must be conducted in a manner that maximizes public benefit while minimizing private injury. It also specifies that the entry onto the land for surveying does not constitute a claim for relief by the landowner, except in cases of negligence, wantonness, or malice. Overall, the amendments aim to enhance transparency and protect the rights of landowners during the eminent domain process.

Statutes affected:
INTRODUCED: 32-15-06
Prepared by the Legislative Council staff for Senator Boehm: 32-15-06
FIRST ENGROSSMENT: 32-15-06
Adopted by the House Energy and Natural Resources Committee: 32-15-06
Enrollment: 32-15-06