North Dakota Administrative Code
Title 69 - Public Service Commission
Article 69-05.3 - Abandoned Mine Land Reclamation
Chapter 69-05.3-01 - Abandoned Mine Land Reclamation
Section 69-05.3-01-11 - Land acquisition - Procedures

1. An appraisal of the fair market value of all land or interest in land to be acquired shall be obtained by the commission from an independent professional appraiser. The appraisal shall be acknowledged before a notary public or other officer authorized by law to administer oaths and shall state the fair market value of the land as adversely affected by past coal or noncoal mining and shall otherwise conform to generally accepted appraisal practices.

2. When practical, acquisition shall be by purchase from a willing seller. The amount paid for interests acquired shall reflect the fair market value of the interests as adversely affected by past coal or noncoal mining.

3. When necessary, land or interests in land may be acquired by condemnation pursuant to the procedures of North Dakota Century Code chapter 32-15 and other laws governing eminent domain. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interest in land from a willing seller.

4. The provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [ Pub. L. 91-646; 42 U.S.C. 4601 et seq.] shall be followed for all real property acquisitions and on relocation of persons, businesses, and farms.