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ND HB1184
Bill
Status
1/3/2019
Primary Sponsor
Tom Kading
Click for details
AI Summary
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Requires state agencies and political subdivisions to conduct informal negotiations for at least 60 days before using quick take eminent domain to acquire rights of way.
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Mandates formal negotiation steps including sending appraisals and written offers by certified mail, requesting meetings within 15 days if no agreement, and providing notice of intent to take possession within 30 days if still unresolved.
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Prohibits agencies from mentioning or utilizing quick take eminent domain during negotiations; allows immediate possession of specific rights of way (not blanket easements) only after filing an affidavit confirming compliance with required negotiation steps and depositing the written offer amount.
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Permits property owners to appeal takings within 30 days to district court for jury trial; provides that rights of way terminate automatically if not used for their original intended purpose.
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Imposes penalties of treble damages liability and a two-year ban on using quick take eminent domain for any purpose if an entity fails to substantially comply with the required negotiation procedures.
Legislative Description
The general use of quick take eminent domain; and to provide a penalty.
Last Action
Motion to reconsider laid on table
2/20/2019