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ND HB1466

Bill

Status

Introduced

1/18/2023

Primary Sponsor

Donna Henderson

Click for details

Origin

House of Representatives

68th Legislative Assembly

AI Summary

  • Amends North Dakota Century Code section 32-15-32 to modify cost awards in eminent domain cases involving landowners as defendants.

  • Expands the types of costs courts may award to include "actual or statutory costs or both," interest from time of taking, appeal costs, and reasonable attorney's fees for all judicial and adjudicative proceedings.

  • Clarifies that interest cannot be awarded on deposit amounts available for withdrawal without prejudice to appeal rights.

  • Allows courts to tax appeal costs against defendants who appeal and do not prevail.

  • Requires defendants to pay costs of a new trial if they requested it but failed to obtain greater compensation than awarded in the first trial.

Legislative Description

Costs to landowners in eminent domain adjudicative proceedings.

Last Action

Second reading, failed to pass, yeas 7 nays 83

2/13/2023

Committee Referrals

Energy and Natural Resources1/18/2023

Full Bill Text

No bill text available