Senate hearing on SB 2321 debates whether expert fees should be recoverable in eminent-domain cases

The Judiciary Committee heard testimony Wednesday on Senate Bill 2321, which would make explicit in state law that landowners may recover expert witness and appraisal fees as part of costs and expenses in eminent-domain (condemnation) proceedings.

Supporters said the change is intended to ensure landowners are made whole when a condemning authority withdraws a case or otherwise ends a matter without a judgment awarding compensation. "We want it to be explicit that North Dakota law covers that and that landowners are made whole," said Troy Koons, the unpaid lobbyist for the Northwest Landowners Association.

The bill drew support from landowners, county and district GOP leaders and attorneys who represent property owners. Derek Broughton, an attorney in Bismarck who represents farmers and ranchers and serves as general counsel to the Northwest Landowners Association, told the committee federal courts sometimes decline to award expert witness fees unless state law explicitly includes…