Property Rights

Private Property

No entity may purchase or attempt to purchase easements of private property until the agency approving the project has been formally notified of the project. Notice of proposed project should be published in all current methods of public information, such as official county newspapers.

We believe naturally occurring precipitation is a private property right.

We support the protection of private property rights against government confiscation of said property, by any agency, department or organization without compensation and due process.

We advocate for the abolishment of the open fields doctrine that agricultural business and agricultural property is held under.

We believe one of the duties of government is to protect private property, especially from unauthorized surveillance invasion and interference by government itself. To further this objective, NDFB supports limiting the regulation of private property and protecting private property and identifying the costs of regulation of private property.

Drones and drone operators must follow the trespassing laws whether posted or not.

We oppose local water boards having quick take eminent domain authority.

In cases of right of way easements, the governing entity (Public Service Commission or others) should require submission of a preliminary route plan prior to an attempted land acquisition.

We support changes to the quick take eminent domain process to allow property owners to have negotiation rights in regard to price and any special circumstances that the property owner needs to be considered.

We support the creation of a U.S. Fish and Wildlife lease buyout program.

We support the protection of private property rights against government takings, including the protection of pore space that has been owned by the surface estate in North Dakota since 1877. We oppose any attempts by the government to
remove a landowners’ rights to bring claims for trespass, nuisance or other torts and we oppose any attempts by government to take away a landowner’s right to compensation for use of pore space under NDCC.ch

We believe property owners should not be legally responsible for any natural or man-made obstacle or situation that may cause personal injury or property damage to persons using their property, regardless of permission.

We oppose any county taking more than the constituted right of way without fair and just compensation.

We believe all private property should be considered "Posted - No Trespassing" even if signs or other notices are not in existence, unless otherwise designated. Trespassing laws shall be enforced and all penalties stiffened.

No activity related to right of way purchases, such as surveying on purposed right of way easements, may be performed without landowner's prior written permission. A penalty of $25,000 and 30 days in jail will be recommended per occurrence.

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