North DakotaSB 23352025 Regular SessionSenateWALLET

AN ACT to create and enact a new section to chapter 38-11.1 of the North Dakota Century Code, relating to pretrial appraisals; and to amend and reenact section 38-11.1-09 of the North Dakota Century Code, relating to the recovery of attorney's fees in an action relating to oil and gas production.

Sponsored By: Jeffery J. Magrum (Republican)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Landowners can recover drilling lawsuit costs

North Dakota drilling compensation claimants who reject a developer's offer and win more in court must receive reasonable attorney fees. They also receive court costs and case expenses allowed under state law, plus interest on the final compensation amount. Interest runs from the day drilling began, using the Bank of North Dakota's prime rate on the judgment date. The required appraisal or its value opinion cannot be admitted as evidence unless the surface owner offers it. Having the appraisal does not require or bar other evidence.

Landowners must get appraisals before suing

Before filing a North Dakota drilling compensation lawsuit, claimants must get a written appraisal of all affected or foreseeably affected parcels. A certified appraiser or someone holding an authorized temporary or other appraisal permit must prepare it. Claimants must give the mineral developer a copy before the court can take the case. Within 30 days after receiving it, the developer can make a new settlement offer, which becomes the offer used for court-award comparisons. The developer must repay the surface owner's reasonable actual appraisal costs or, at the owner's choice, pay the appraiser directly.

Sponsors & Cosponsors

Sponsor

  • Jeffery J. Magrum

    Republican • Senate

Cosponsors

  • Michael Dwyer

    Republican • Senate

  • Bob Paulson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 186 • No: 0

Senate vote • 4/2/2025

Second reading, passed, yeas 47 nays 0

Yes: 47 • No: 0

House vote • 3/26/2025

Second reading, passed as amended, yeas 92 nays 0

Yes: 92 • No: 0

Senate vote • 2/21/2025

Second reading, passed, yeas 47 nays 0

Yes: 47 • No: 0

Actions Timeline

  1. Filed with Secretary Of State 04/08

    4/9/2025House
  2. Signed by Governor 04/07

    4/8/2025Senate
  3. Sent to Governor

    4/4/2025Senate
  4. Signed by President

    4/4/2025Senate
  5. Signed by Speaker

    4/4/2025House
  6. Second reading, passed, yeas 47 nays 0

    4/2/2025Senate
  7. Concurred

    4/2/2025Senate
  8. Returned to Senate (12)

    3/27/2025Senate
  9. Second reading, passed as amended, yeas 92 nays 0

    3/26/2025House
  10. Amendment adopted, placed on calendar

    3/24/2025House
  11. Reported back amended, do pass, amendment placed on calendar 13 0 0

    3/21/2025House
  12. Committee Hearing 03:30

    3/13/2025House
  13. Introduced, first reading, referred Energy and Natural Resources Committee

    2/25/2025House
  14. Received from Senate

    2/24/2025House
  15. Second reading, passed, yeas 47 nays 0

    2/21/2025Senate
  16. Amendment adopted, placed on calendar

    2/21/2025Senate
  17. Reported back amended, do pass, amendment placed on calendar 7 0 0

    2/20/2025Senate
  18. Committee Hearing 10:00

    1/30/2025Senate
  19. Introduced, first reading, referred Energy and Natural Resources Committee

    1/20/2025Senate

Bill Text

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with House Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for Representative Porter

  • Prepared by the Legislative Council staff for Senator Boehm

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