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ND SB2321

Bill

Status

Engrossed

2/25/2025

Primary Sponsor

Jeffery Magrum

Click for details

Origin

Senate

69th Legislative Assembly

AI Summary

  • Removes judicial discretion by requiring courts to award property owners reasonable attorney's fees and expert witness costs in eminent domain cases, changing "may" to mandatory language
  • Mandates that public corporations pay defendants' attorney's fees and expert witness costs when dismissing condemnation actions before judgment
  • Requires any entity with eminent domain power (state agencies, municipalities, public utilities) to pay landowners' court costs, attorney's fees, and expert witness costs when proceedings are withdrawn or dismissed without the defendant's agreement
  • Expands recoverable costs to explicitly include expenses for retaining expert witnesses used during condemnation proceedings across all three amended code sections
  • Amends North Dakota Century Code sections 32-15-28, 32-15-32, and 32-15-35 to strengthen cost recovery protections for property owners facing condemnation

Legislative Description

Awarding costs and fees in eminent domain proceedings.

Last Action

Second reading, failed to pass, yeas 39 nays 51

3/31/2025

Committee Referrals

Energy and Natural Resources3/7/2025
Judiciary1/21/2025
Energy and Natural Resources1/20/2025

Full Bill Text

No bill text available