WeVote
Log In

Bill

Bill

HB 1210

A BILL for an Act to create and enact a new chapter to title 35 of the North Dakota Century Code, relating to carbon dioxide pipeline damages.

69th Legislative Assembly (2025-26) Introduced by Jared Hendrix and 4 co-sponsors

HB 1210 would have let burn zone victims place retroactive liens on CO2 pipelines/facilities for damages, with priority and possible punitive damages, even before liability is deci

Second reading, failed to pass, yeas 29 nays 55
0
WeVote Research Nonpartisan
Bill Summary · HB 1210

Summary — HB 1210 (North Dakota): Carbon Dioxide Pipeline Damages (New chapter to Title 35 NDCC)

Status: Introduced Nov 12, 2024. According to the information provided, the bill failed on second reading (yeas 29, nays 55) and therefore did not become law.

Purpose

HB 1210 would have created a new chapter in Title 35 of the North Dakota Century Code to provide a statutory remedy — a special “victim lien” — for persons who own, lease, reside on, or were physically present on property within a defined “kill zone” surrounding a carbon dioxide (CO2) pipeline or associated facility after a CO2 release. The intent is to secure compensation for damages (including punitive damages) caused by a CO2 release by allowing victims to place liens on the responsible pipeline or facility.

Key provisions

  • Definitions
    • “Kill zone”: a 25-mile (≈40.23 km) radius from the site of the CO2 release.
    • “Owner”: person owning/operating a CO2 pipeline or supplying CO2 to a pipeline.
    • “Victim”: person filing a statement to perfect a lien under the chapter.
  • Creation of lien
    • A victim located within the kill zone has a lien against the pipeline/facility owner for the amount of all damages incurred or likely to occur from the CO2 release, including compensatory and punitive damages, irrespective of the owner’s intent or established liability.
    • The lien may attach only to the pipeline or facility transporting or supplying CO2.
  • Perfecting and priority
    • To perfect a lien the victim must file a verified statement of lien with the county recorder where the pipeline/facility is located — within one year of obtaining the lien.
    • A timely perfected lien is given retroactive priority over all other liens/encumbrances from the date the victim obtained the lien through its termination.
  • Statement contents and termination
    • A lien statement remains effective until satisfied by a written satisfaction signed by the victim and owner or by court order.
    • Required contents: victim name/address, date of release, and the amount of alleged damages.
    • If owner demands satisfaction, the victim must file a satisfaction statement if obligations are met or if the victim voluntarily dismisses. If not terminated within 14 days, the owner can demand the victim sue to adjudicate the lien; failure to commence an action and record a lis pendens within 30 days results in lien forfeiture.
  • Bankruptcy / receivership
    • If the owner enters bankruptcy or receivership, the trustee/conservator/court must hold twice the amount of damages alleged under liens in trust for future victims; funds held for one year from the last day the owner transports/supplies CO2 in the state.

Who would be affected

  • Directly: property owners, residents, tenants, or others physically present inside the 25‑mile kill zone after a CO2 release (potential victims); CO2 pipeline and facility owners/operators and their insurers; county recorders and courts (administration).
  • Indirectly: lenders and creditors of pipeline owners (because liens get retroactive priority), prospective purchasers of pipeline assets, and trustees in bankruptcy or receiverships.

Potential impacts and considerations

  • Legal/financial exposure: pipeline owners/operators could face broad lien claims including punitive damages irrespective of fault, potentially increasing liability and insurance costs.
  • Financing and operations: retroactive priority of such liens and the bankruptcy trust requirement (holding twice alleged damages) could complicate lending, refinancing, or company reorganizations and might deter CO2 pipeline development or raise project costs.
  • Administrative burden: county recorders must process lien filings; courts may see increased litigation to adjudicate liens and satisfactions.
  • Practical issues: the bill grants a powerful remedy to alleged victims before liability is adjudicated, raising concerns about premature liens on critical infrastructure and effects on third-party creditors.

Procedural note

Per the provided status, HB 1210 did not pass — it failed on second reading (yeas 29, nays 55). Because it did not become law, its provisions would not take effect; proponents could reintroduce similar language in a future session.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.