North Dakota § 49-22-16.1 Unfair tactics in acquiring land or easements for a facility - Court action - Cancellation of easement - Penalty

North Dakota Statutes

§ 49-22-16.1 — Unfair tactics in acquiring land or easements for a facility - Court action - Cancellation of easement - Penalty

North Dakota § 49-22-16.1

Title 49Public Utilities

Ch. 49-22Energy Conversion and Transmission Facility Siting Act

This text of North Dakota § 49-22-16.1 (Unfair tactics in acquiring land or easements for a facility - Court action - Cancellation of easement - Penalty) 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.

Bluebook

N.D. Cent. Code § 49-22-16.1 (2026).

Text

Cancellation of easement - Penalty.

1.Any person employed by a public utility to acquire easements for a facility subject to this chapter shall not use any harassment, threat, intimidation, misrepresentation, deception, fraud, or other unfair tactics to induce the owner of the land to be affected by the facility to grant or agree to any easements.

2.If at least five landowners aggrieved by the conduct of a person or persons, acting on behalf of the same utility, acquiring easements for a site or route of a facility allege use of harassment, threat, intimidation, misrepresentation, deception, fraud, or other unfair tactics by the person or persons acquiring or attempting to acquire the easement, an action may be brought in the appropriate district court.

3.Upon a determination by the co

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Cancellation of easement - Penalty.
1. Any person employed by a public utility to acquire easements for a facility subject to
this chapter shall not use any harassment, threat, intimidation, misrepresentation,
deception, fraud, or other unfair tactics to induce the owner of the land to be affected
by the facility to grant or agree to any easements.

2. If at least five landowners aggrieved by the conduct of a person or persons, acting on
behalf of the same utility, acquiring easements for a site or route of a facility allege use
of harassment, threat, intimidation, misrepresentation, deception, fraud, or other unfair
tactics by the person or persons acquiring or attempting to acquire the easement, an
action may be brought in the appropriate district court.
3. Upon a determination by the court that the person or persons employed by the utility
used harassment, threat, intimidation, misrepresentation, deception, fraud, or other
unfair tactics in acquiring or attempting to acquire an easement from at least five
separate landowners, the court shall, by order, declare the easements void and may
order any compensation paid therefor returned to the offending utility, or allow the
landowner to retain such compensation, or award to the landowner up to three times
the amount of the compensation involved as damages, punitive or compensatory. The
court shall award costs and reasonable attorney's fees to the plaintiffs when the court
rules in favor of the plaintiffs.
4. Upon a determination by the court that the utility involved did knowingly allow,
encourage, or operate in active consort or participation with such person or persons
utilizing such unfair tactic, the court shall cause a copy of its memorandum opinion or
order to be filed with the commission.
5. Upon receiving a copy of a memorandum opinion or order issued by a district court
pursuant to this section, the commission may revoke or suspend the permit issued
with respect to the route affecting the aggrieved landowners. If a permit has not been
issued with respect to a site or route affecting the aggrieved landowners, the
commission may refuse to issue a permit for such portion of the route.