ND SB2047

Water resource boards may acquire easements for rights of way using quick take eminent domain when federal or state funds have been appropriated for projects authorized under Chapter 61-16.1.

Districts must conduct at least 60 days of informal negotiations with landowners before pursuing quick take eminent domain for easements.

If informal negotiations fail, districts must engage in formal negotiations including sending appraisals, written offers, and meeting requests by certified mail with 15-day and 30-day response periods.

County commissioners must hold a public meeting and approve quick take eminent domain by majority vote before a district may take immediate possession of a right of way after depositing the written offer amount with the district court clerk.

Right of way ownership acquired under this process automatically terminates when the water resource district no longer needs the easement for its original purpose.