§ 38-11.1-07.1 — Pretrial appraisal required before commencement of action to recover compensation

North Dakota § 38-11.1-07.1

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-11.1: Oil and Gas Production Damage Compensation

Text

compensation.
1. As used in this section, "certified appraiser" has the same meaning as in section
43-23.3-01.
2. Before commencing a legal action to recover compensation, a person entitled to
compensation shall obtain a written appraisal valuing all parcels affected or

foreseeably affected by drilling operations under this chapter. A certified appraiser, an
individual possessing a temporary permit under section 43-23.3-11, or an individual
possessing a permit under section 43-23.3-04.1 shall conduct the required appraisal.
3. Before a court may take jurisdiction over an action commenced under this chapter, a
person seeking compensation under this chapter must have provided to a mineral
developer a copy of an appraisal issued under subsection 2. The mineral developer
may make a new offer for settlement to the surface owner within thirty days of
receiving the appraisal. If a new offer is made under this subsection, the amount of the
new offer serves as the offer contemplated under section 38-11.1-09.
4. The mineral developer shall reimburse the reasonable actual costs of the required
appraisal incurred by the surface owner for obtaining a required appraisal under this
section or, at the election of the surface owner, the mineral developer shall pay the
reasonable actual costs directly to the appraiser.
5. The required appraisal or opinion of value expressed in the required appraisal is
inadmissible at a proceeding commenced under this chapter, unless the information is
offered by the surface owner. Whether an appraisal is issued under this section does
not require or prohibit the introduction of specific evidence offered at a proceeding
commenced under this chapter.