Property Rights

Section 800 - Property Rights

801.00 Easements

North Dakota Game and Fish Department may not enter into any agreement with landowners that extends more than 5 years without approval from the North Dakota Legislature. Any agreement with a landowner is void if property affected is sold or transferred to another party.---ID#: 2391/23

We support the development of a land owner's bill of rights regarding the process of easement procurement by entities wishing to purchase or lease land for roads, bridges, powerlines, pipelines and other projects that require an easement through privately owned property in North Dakota.---ID#: 2609/23

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.---ID#: 2518/22

Landowners must be informed of their right to legal or financial counsel when approached with a proposed easement. Signed proof of this information should be part of the easement.---ID#: 2519/22

Wildlife and conservation easements should not be perpetual, but should be returned to the landowner when the land is sold and title is
transferred.---ID#: 1747/22

We believe entities interested in acquiring easements should notify all stakeholders, prior to attempting acquisition, with the tentative
route, legal property description and a list of affected landowners. This should take place 60 to 90 days prior to easement acquisition
activities.---ID#: 2684/24

We believe all new conservation and preservation easements should be in effect only as long as the grantor and/or signer of the
easement owns the land. NDFB stands opposed to perpetual easements.---ID#: 2698/24

802.00 Eminent Domain

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.---ID#: 2348/23

North Dakota government entities should not have eminent domain authority outside their geographical boundaries, including extra territorial jurisdiction.---ID#: 2551/23

We oppose all quick take eminent domain authority.---ID#: 2643/24

803.00 Posted Land

We support all electronic posted lands be automatically renewed unless the landowner elects to change the status.---ID#: 2590/23

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.---ID#:160/23

We support all lands as considered posted unless signed otherwise.---ID#: 1763/22

Drones and drone operators must follow the trespassing laws whether posted or not.---ID#:2242/24

804.00 Private Property

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 38-11.1.---ID#: 2378/23

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.---ID#: 2381/23

We oppose adverse possession and urge our legislature to change it.---ID#: 2596/23

We support the county's right to establish and enforce their own trespass laws.---ID#: 2600/23

We believe that no government entity and/or any organization, may use any type of tax-payer and/or any other type of funding or asset to coerce, bribe, mislead, etc., a private property owner to enter into any kind of contract, lease, eminent domain, etc., that will inadvertently deprive a private property owner of their full rights and/or use or entitlements of their property, especially unknowingly.---ID#: 2608/23

We support the repeal of NDCC 38-22 referring to amalgamation authority over non-consenting landowners.---ID#: 2619/23

We oppose all regulations imposing viewsheds restricting development on private property.---ID#: 2306/22

We believe naturally occurring precipitation is a private property right.---ID#: 2494/22

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.---ID#: 2508/22

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

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.---ID#: 2032/24

805.00 Right of Way Easements

We oppose any county taking more than the constituted right of way without fair and just compensation.---ID#: 2141/23

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.---ID#: 2156/23

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 any attempted land acquisition.---ID#: 2250/24