Property Rights

Section 800 - Property Rights

Easements

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#: 2609/26

Landowners must be informed of their right to legal or financial counsel as well as the easement entities' ability to change terms of the easement when approached with a proposed easement. Signed proof of this information should be part of the easement.---ID#: 2519/25

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#: 2518/25

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

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#: 2391/26

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

We support initiatives to allow the repurchasing and/or exchanging of long term wetland and grassland easements.-- ID#: 2763/26

Eminent Domain

North Dakota government entities should not have eminent domain authority outside their geographical boundaries, including extra territorial jurisdiction. ---ID#: 2551/26

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#: 2348/26 We oppose all quick take eminent domain authority.---ID#: 2643/24

We oppose the use of eminent domain for carbon capture pipelines.---ID#: 2761/26

Posted Land

We support all lands as considered posted unless signed otherwise.---ID#: 1763/25

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#: 160/26

We support all electronic posted lands be automatically renewed unless the landowner elects to change the status.---ID#: 2590/26

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

Private Property

We support the protection of private property rights against government confiscation of said property, by any agency, department or organization without just compensation and due process.---ID#: 2749/25

We oppose all regulations imposing viewsheds restricting development on private property.---ID#: 2306/25

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#: 2381/26

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#: 2608/26

We oppose adverse possession and urge our legislature to change it.---ID#: 2596/26

We support the county's right to establish and enforce their own trespass laws.-- ID#: 2600/26

We actively oppose squatter's rights and urge the legislators to strengthen the North Dakota Century Code.---ID#: 2731/25

We oppose adverse possession.---ID#: 2475/24

Access

We believe game wardens must have a warrant to access private property.---ID#: 2744/25

We oppose the access of private property for surveying without permission and/or compensation.---ID#: 2745/25

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

Open Fields Doctrine

We advocate for the abolishment of the open fields doctrine. All property is to be treated equally.---ID#: 2730/25

We advocate for the abolishment of the open fields doctrine that agricultural business and agricultural property are held under.---ID#: 2474/24

Pore Space and Amalgamation

We support the repeal of NDCC 38-22 referring to amalgamation authority over non-consenting landowners.---ID#: 2619/26

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. 38-11.1.---ID#: 2378/26

Right of Way Easements

We oppose any county taking more than the constituted right of way without fair and just compensation.---ID#: 2141/26

No activity related to right of way 805.02 purchases, such as surveying on proposed and existing 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#: 2156/26

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