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ND HB1324

Bill

Status

Introduced

1/12/2021

Primary Sponsor

Tom Kading

Click for details

Origin

House of Representatives

67th Legislative Assembly

AI Summary

HB 1324 - Eminent Domain Amendments

  • Requires airport authorities, municipalities, water resource boards, and irrigation districts to deposit at least 10% of fair market value before taking possession of property; penalties of 25% of fair market value apply if deposit is less than 10%.

  • Imposes 50% fair market value penalties plus potential punitive damages when courts determine eminent domain use was not authorized, with courts required to award property owner attorney's fees if less than 10% of fair market value.

  • Mandates that all property taken for right-of-way purposes must maintain the same zoning restrictions and property classification that existed before condemnation.

  • Establishes negotiation requirements for water resource districts seeking quick-take easements, including 60-day informal negotiations followed by formal negotiations with written offers and meetings before county commissioner approval is required.

  • Applies uniform penalty and zoning preservation requirements across four separate code sections governing eminent domain by airport authorities, municipalities, water resource boards, and irrigation districts.

Legislative Description

The exercise of eminent domain; and to provide a penalty.

Last Action

Second reading, failed to pass, yeas 17 nays 77

2/23/2021

Committee Referrals

Political Subdivisions1/12/2021

Full Bill Text

No bill text available