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ND HCR3013

Concurrent Resolution

Status

Introduced

1/3/2019

Primary Sponsor

Marvin Nelson

Click for details

Origin

House of Representatives

66th Legislative Assembly

AI Summary

  • Submits constitutional amendment to North Dakota voters in 2020 allowing public entities to exercise eminent domain over pooled or unitized mineral rights and pore space for the benefit of private industry.

  • Amends Section 16 of Article I to add exception language stating "Except as provided in section 26" to the prohibition on taking private property for public use.

  • Creates new Section 26 of Article I establishing that public entities may take private property consisting of pooled or unitized minerals or pooled or unitized pore space for a private entity's benefit.

  • Requires public entities setting compensation rates for royalties or periodic payments to set them at not less than any minimum amount established by statute.

  • Allows property owners to initiate civil action in district court to challenge compensation, with jury determination of compensation level unless waived by the property owner.

Legislative Description

An exception to the limitations on exercising eminent domain.

Last Action

Second reading, failed to adopt yeas 8 nays 83

3/6/2019

Committee Referrals

Judiciary1/3/2019

Full Bill Text

No bill text available