This text of North Dakota § 37-17.1-12 (Compensation - Entitlement - Time - Amount) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Persons within this state shall conduct themselves and keep and manage their affairs
and property in ways that will reasonably assist and will not unreasonably detract from
the ability of the state and the public to effectively prevent, mitigate, prepare for,
respond to, and recover from a disaster or emergency. This obligation includes
appropriate personal service and use or restriction on the use of property in time of
disaster or emergency. This chapter neither increases nor decreases these obligations
but recognizes their existence under the Constitution of North Dakota and statutes of
this state and the common law. Compensation for services or for the taking or use of
property must be only to the extent that obligations recognized herein are exceeded in
a particular case and then o
Free access — add to your briefcase to read the full text and ask questions with AI
1. Persons within this state shall conduct themselves and keep and manage their affairs
and property in ways that will reasonably assist and will not unreasonably detract from
the ability of the state and the public to effectively prevent, mitigate, prepare for,
respond to, and recover from a disaster or emergency. This obligation includes
appropriate personal service and use or restriction on the use of property in time of
disaster or emergency. This chapter neither increases nor decreases these obligations
but recognizes their existence under the Constitution of North Dakota and statutes of
this state and the common law. Compensation for services or for the taking or use of
property must be only to the extent that obligations recognized herein are exceeded in
a particular case and then only to the extent that the claimant may not be deemed to
have volunteered that person's services or property without compensation.
2. Personal services may not be compensated by the state or any county or city thereof,
except pursuant to statute or local law or ordinance.
3. Compensation for property may be paid if the property was commandeered or
otherwise used in management of a disaster or emergency declared under proper
authority to the extent not otherwise waived or agreed upon before the use of property.
4. A claim made against a county or city must be made in writing to the appropriate
governing body within two years after the use, damage, loss, or destruction of the
property under proper authority is discovered or reasonably should have been
discovered, may only be for actual damages not recovered from claimants' property or
other applicable insurance, and may be paid from any combination of funds provided
under section 40-22-01.1, disaster relief funds made available to a county or city for
this purpose, or other funds at the discretion of the governing body. A city or county
may establish reasonable provisions for the payment of compensation.
5. Any person claiming compensation for the use, damage, loss, or destruction of
property by the state under this chapter shall file a written claim therefor with the office
of management and budget in the form and manner required by the office. The claim
for compensation must be received by the office of management and budget within
two years after the use, damage, loss, or destruction of the property pursuant to the
governor's order under section 37-17.1-05 is discovered or reasonably should have
been discovered or compensation under this chapter is waived.
6. Unless the amount of compensation on account of property damaged, lost, or
destroyed is agreed between the claimant and the office of management and budget,
the amount of compensation must be calculated in the same manner as compensation
due for a taking of property pursuant to the condemnation laws of this state.