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SB 2379

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.

69th Legislative Assembly (2025-26) Introduced by Keith Boehm and 5 co-sponsors

Requires written notice to landowners before surveying private land for public use, sets 30-day start and 90-day renewal rules, and clarifies liability for entry.

Filed with Secretary Of State 04/08
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Bill Summary · SB 2379

SB 2379 — Summary (North Dakota)

Status: Enacted (signed by Governor 04/08/2025; filed with Secretary of State 04/08/2025)
Introduced: March 12, 2025
Primary sponsors (ND): Senators Boehm, Magrum, Wobbema; Representatives D. Johnston, Koppelman, Fisher

Note: The legislative packet included an unrelated Illinois SB2379 text; this summary covers the North Dakota measure amending NDCC §32‑15‑06.

Purpose

To revise the statutory process for conducting surveys of private land when land is needed for public use (eminent domain context), by requiring advance written notice to owners on the tax list, setting timing limits for surveys, and clarifying liability for entry and survey activity.

Key provisions

  • Requires a written notice of intent to survey be provided to the landowner on the tax list before a condemner (person, corporation, or agent in charge of the public use) may survey land.
    • Notice must be delivered by certified mail to the owner on the tax list.
    • Required contents of the notice:
    • Name of the project/party in charge
    • Proposed completion date
    • Type of project
    • Proposed route or location associated with the survey
    • Nature of the work intended
    • Contact information: name, telephone number, physical address, mailing address of the person in charge
  • Timing rules:
    • The condemner may not survey until 30 days after delivery of the notice, unless the owner agrees to an earlier date.
    • If the condemner fails to conduct the survey within 90 days of delivery, the condemner must issue a new certified‑mail notice; the 30/90‑day rules then apply to the new notice.
  • Retains requirement that survey/layout be located to achieve the greatest public benefit with the least private injury and remain subject to NDCC §32‑15‑21.
  • Confirms the person in charge may enter land to make examinations, surveys, and maps in accordance with the notice requirements.
  • Limits owner recovery for such entries: entry does not itself create a claim for relief by the owner except for injuries caused by negligence, wantonness, or malice.

Who is affected

  • Private landowners (owners listed on county tax lists) whose property may be surveyed for public projects (roads, utilities, pipelines, etc.).
  • Public entities, private corporations, and their agents performing surveys in eminent domain or public‑use projects.
  • County officials (for tax‑list identification) and survey professionals who must comply with notice and timing requirements.

Procedural/timeline notes

  • Bill advanced through Energy & Natural Resources and House committees with amendments.
  • Passed both chambers (Senate vote 39–8; House vote 69–23) and was signed by legislative leaders and the Governor on 04/08/2025.
  • One draft of the bill included an emergency clause; the enrolled bill was signed and filed on 04/08/2025 (effective timing should be confirmed in the official session law or Secretary of State filing for whether an emergency effective date applies).

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

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