North DakotaSB 23792025 Regular SessionSenateWALLET

AN ACT to amend and reenact section 32-15-06 of the North Dakota Century Code, relating to the surveying process during eminent domain proceedings.

Sponsored By: Keith Boehm (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

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

Surveyors can enter; owner claims limited

After following the notice rules, the project sponsor may enter the land to make examinations, surveys, and maps. Entry by itself does not create a claim for relief for the owner. Owners can recover only for injuries caused by negligence, wantonness, or malice. The sponsor must still honor the certified-mail notice and waiting period unless the owner consents sooner.

Homeowners get 30-day survey notice

Before any survey on private land for a public-use project, the sponsor must send a written notice by certified mail to the owner on the tax list. The notice must name the project or agent in charge, give a proposed completion date, list the project type and proposed route or location, describe the work, and provide the contact’s name, phone, physical and mailing address. The sponsor must wait 30 days after delivery to enter, unless the owner agrees to an earlier date. If the survey is not done within 90 days of delivery, the sponsor must send a new certified notice and restart the timeline.

Project routes must minimize private harm

When choosing the survey and location of a project that may use eminent domain, the sponsor must pick the option with the greatest public benefit and the least private injury. The choice must also follow section 32-15-21 of state law.

Sponsors & Cosponsors

Sponsor

  • Keith Boehm

    Republican • Senate

Cosponsors

  • Jay Fisher

    Republican • House

  • Daniel Johnston

    Republican • House

  • Ben Koppelman

    Republican • House

  • Jeffery J. Magrum

    Republican • Senate

  • Mike Wobbema

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 133 • No: 53

Senate vote 4/2/2025

Second reading, passed, yeas 39 nays 8

Yes: 39 • No: 8

House vote 3/27/2025

Second reading, passed as amended, yeas 69 nays 23

Yes: 69 • No: 23

Senate vote 2/21/2025

Second reading, passed, yeas 25 nays 22

Yes: 25 • No: 22

Actions Timeline

  1. Filed with Secretary Of State 04/08

    4/9/2025House
  2. Signed by Governor 04/08

    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 39 nays 8

    4/2/2025Senate
  7. Concurred

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

    3/28/2025Senate
  9. Second reading, passed as amended, yeas 69 nays 23

    3/27/2025House
  10. Amendment adopted, placed on calendar

    3/25/2025House
  11. Reported back amended, do pass, amendment placed on calendar 9 4 0

    3/24/2025House
  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 25 nays 22

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

    2/21/2025Senate
  17. Reported back amended, do pass, amendment placed on calendar 4 3 0

    2/20/2025Senate
  18. Committee Hearing 10:30

    2/13/2025Senate
  19. Introduced, first reading, (emergency), referred Energy and Natural Resources Committee

    1/27/2025Senate

Bill Text

  • Adopted by the House Energy and Natural Resources Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with House Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for Senator Boehm

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