A BILL for an Act to amend and reenact sections 32-15-28, 32-15-32, and 32-15-35 of the North Dakota Century Code, relating to awarding costs and fees in eminent domain proceedings.
SB2321 seeks to amend existing sections of the North Dakota Century Code regarding the awarding of costs and fees in eminent domain proceedings. The bill stipulates that public corporations must pay the full amount of any judgment rendered in condemnation proceedings within six months. It also allows courts to award reasonable costs, including attorney's fees and expert witness fees, to defendants in cases where the public corporation dismisses the action before judgment. Furthermore, if the state or any public entity withdraws or dismisses eminent domain proceedings without an agreement with the defendant, they are liable for all associated costs incurred by the landowner.
If enacted, SB2321 would enhance the financial protections for landowners involved in eminent domain proceedings by ensuring they are compensated for legal costs and fees if the public entity fails to proceed with the case or dismisses it. This could lead to a more equitable process for landowners, as they would not bear the financial burden of legal proceedings initiated by public corporations that do not result in a final judgment.
The sentiment surrounding SB2321 appears to be mixed, with some support for the increased protections for landowners, while concerns were raised about the potential financial implications for public corporations and the state. The bill ultimately failed, indicating that it did not garner enough support to pass.
Notable points of contention include the financial impact on public entities and the implications of requiring them to pay costs in cases where they withdraw proceedings. Supporters argue that landowners deserve protection from the costs of eminent domain actions, while opponents express concern about the burden this could place on public resources.