Unfair tactics in acquiring land or easements for a facility - Court action - Cancellation of easement - Penalty
N.D. Cent. Code § 49-22.1-14
in effect49-22.1-14. Unfair tactics in acquiring land or easements for a facility - Court action -
Cancellation of easement - Penalty.
1. Any person employed by a public utility to acquire easements for a facility subject to
this chapter may 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 a person 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, by order, shall declare the easements void and may order any
compensation paid therefor returned to the offending utility, or allow the landowner to
retain the 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 plaintiff if the court rules in favor of
the plaintiff.
4. Upon a determination by the court that the utility involved did knowingly allow,
encourage, or operate in active consort or participation with a person utilizing an 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t49c22-1.pdf#nameddest=49-22p1-14Fetched: 10/16/2026