SB 2335 North Dakota Senate · 69th Legislative Assembly (2025-26)

AN ACT to create and enact a new section to chapter 38-11.1 of the North Dakota Century Code, relating to pretrial appraisals; and to amend and reenact section 38-11.1-09 of the North Dakota Century Code, relating to the recovery of attorney's fees in an action relating to oil and gas production.

Summary
Relating to pretrial appraisals; and to amend and reenact section 38‑11.1‑09 of the North Dakota Century Code, relating to the recovery of attorney's fees in an action relating to oil and gas production.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Apr 2025
House Passage
Mar 2025
Signed into Law
Apr 2025
Introduced Jan 20, 2025 Signed Apr 8, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

FIRST ENGROSSMENT Enrollment · 4 edits
MODERATE
This bill adds a new requirement for surface owners to obtain a pretrial appraisal before suing mineral developers for compensation, and clarifies attorney's fee awards when compensation is rejected. The changes streamline the dispute resolution process by ensuring both parties have a clear valuation before litigation begins.
Scope change
The bill applies to all legal actions seeking compensation under North Dakota oil and gas production laws, expanding procedural requirements for surface owners.
REQUIREMENT

Surface owners must obtain a written appraisal from a certified appraiser before filing a legal action to recover compensation.

Mineral developers must reimburse surface owners for reasonable appraisal costs or pay the appraiser directly.

ENFORCEMENT

Pretrial appraisals are generally inadmissible in court unless offered by the surface owner, preventing them from being used as evidence against surface owners.

Attorney's fees and interest are now awarded when court-awarded compensation exceeds the mineral developer's offer, with interest calculated at the Bank of North Dakota's prime rate.

Floor votes · Senate Feb 21, 2025 · House Mar 26, 2025

How they voted

470
Passed
Total votes 47
Feb 21, 2025
D Democratic5
5 Yea
100% Yea
R Republican42
42 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
11
Committee
4
Apr 9, 2025
Introduced
Filed with Secretary Of State 04/08
legislature
Apr 8, 2025
Signed into law
Signed by Governor 04/07
upper
Apr 2, 2025
Upper · Passed
Second reading, passed, yeas 47 nays 0
upper
Apr 2, 2025
Upper · Passed
Concurred
upper
Mar 26, 2025
Lower · Passed
Second reading, passed as amended, yeas 92 nays 0
lower
Mar 24, 2025
Lower · Passed
Amendment adopted, placed on calendar
lower
Mar 21, 2025
Lower · Passed
Reported back amended, do pass, amendment placed on calendar 13 0 0
lower
Mar 13, 2025
Lower · Passed
Committee Hearing 03:30
lower
Feb 25, 2025
Introduced
Introduced, first reading, referred Energy and Natural Resources Committee
lower
Feb 21, 2025
Upper · Passed
Second reading, passed, yeas 47 nays 0
upper
Feb 21, 2025
Upper · Passed
Amendment adopted, placed on calendar
upper
Feb 20, 2025
Upper · Passed
Reported back amended, do pass, amendment placed on calendar 7 0 0
upper
Jan 30, 2025
Upper · Passed
Committee Hearing 10:00
upper
Jan 20, 2025
Introduced
Introduced, first reading, referred Energy and Natural Resources Committee
upper
1 primary · 2 co-sponsors

Sponsors