North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-11.1-07.1. Pretrial appraisal required before commencement of action to recover 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.