SB 2379 — Relating to the surveying process during eminent domain proceedings.

25.1345.02000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession SENATECommencing BILLTuesday, NO.January 7, 2025 (Senators Boehm, Magrum, Wobbema) (Representatives D.

2379Johnston, IntroducedKoppelman, byFisher) SenatorsAN Boehm,ACT Magrum,to Wobbemaamend Representativesand D.reenact section 32-15-06 of the North Dakota Century Code, relating to the surveying process during eminent domain proceedings.

Johnston, Koppelman, Fisher A BILL for 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.

In1. all cases whenin which land is required for public use, the person or corporation, or the person's or corporation's agents, in charge of suchthe use may survey and locate the same, but itland upon obtaining written consent from the landowner or by order of the court.

a.

In all cases whena case in which land is required for public use, the person or corporation, or the person's or corporation's agents, in charge of suchthe use may survey and locate the same, but itland after providing the owner on the tax list a written notice of intent to survey.

The notice must contain the name, proposed completion date, type, proposed route or location of the project associated with the survey, nature of the work the person in charge of the public use intends to complete, and the name, telephone number, physical address, and mailing address of the person in charge of the public use.

b.

The person in charge of the public use shall deliver the notice to the owner on the tax list through certified mail.

The person in charge of the public use may not survey the land until thirty days after delivery of the notice, unless the owner consents to an earlier survey date.

If the person in charge of the public use fails to survey the land within ninety days of delivery of the notice, the person shall deliver a new notice of intent to survey through certified mail.

A survey conducted under a subsequently issued notice of intent to survey must be conducted in accordance with the timeline established under this subdivision.

2.

Whoever isTheis person3. in charge of suchthe public use may enter upon the land and make examinations, surveys, and maps thereofof the land, and suchthe entry constitutes nodoes not constitute a claim for relief in favor of the owner of the land except for injuries resulting from negligence, wantonness, or malice.

PageThe No.person in charge of suchthe public use may enter upon the land and make examinations, surveys, and maps thereofof the land in accordance with subsection 1, and suchthe entry constitutes nodoes not constitute a claim for relief in favor of the owner of the land except for injuries resulting from negligence, wantonness, or malice.

1S. 25.1345.02000

B.

NO.

2379 - PAGE 2 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.

2379.

Senate Vote:

Yeas 39 Nays 8 Absent 0 House Vote:

Yeas 69 Nays 23 Absent 2 ____________________________ Secretary of the Senate Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.

on __________________________________________________, 2025.

____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State