§ 61-33.1-05 — Actions challenging review findings or final acreage determinations (Retroactive application - See note)

North Dakota § 61-33.1-05

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-33.1: State Ownership of Missouri Riverbed

Text

(Retroactive application - See note)
1. An interested party seeking to bring an action challenging the review findings or
recommendations or the industrial commission actions under this chapter shall
commence an action in district court within two years of the date of adoption of the
final review findings by the industrial commission. The plaintiff bringing an action under
this section may challenge only the final review finding for the section or sections of
land in which the plaintiff asserts an interest. The state and all owners of record of fee
or leasehold estates or interests affected by the finding, recommendation, or industrial
commission action challenged in the action under this section must be joined as
parties to the action. A plaintiff or defendant claiming a boundary of the ordinary high
water mark of the historical Missouri riverbed channel which varies from the boundary
determined under this chapter bears the burden of establishing the variance by clear
and convincing evidence based on evidence of the type required to be considered by
the engineering and surveying firm under subsection 3 of section 61-33.1-03.
2. An interested party seeking to bring an action challenging the final acreage
determination under this chapter shall commence an action in district court within two
years of the date the acreage determinations were approved by the board of university
and school lands. The plaintiff bringing an action under this section may challenge only
the acreage determination for the section or sections of land in which the plaintiff
asserts an interest. The state and all owners of record of fee or leasehold estates or
interests affected by the final acreage determination challenged in the action under
this section must be joined as parties to the action. A plaintiff or defendant claiming a
determination of the acreage above or below the historical Missouri riverbed channel
which varies from the final acreage determination under this chapter bears the burden
of establishing the variance by clear and convincing evidence based on evidence of

the type required to be considered by the engineering and surveying firm contracted
by the board of university and school lands under subsection 2 of section 61-33.1-04.
3. Notwithstanding any other provision of law, an action brought in district court under this
section is the sole remedy for challenging the final review, recommendations,
determination of the ordinary high water mark, and final acreage determination under
this chapter, and preempts any right to rehearing, reconsideration, administrative
appeal, or other form of civil action provided under law.