North Dakota Property Rights

The Castle Coalition has released a report, grading each of the states based on their efforts to protect private property owners and their rights based on changes in their respective state laws.  The Castle Coalition is the Institute for Justice's nationwide grassroots property rights activism project that teaches home and small business owners how to protect themselves and stand up to abuse by governments and developers who seek to use eminent domain to take private property for their own gain.  Stated below is the letter grade, as given by the Castle Coalition, along with a description of the changes that have occurred since Kelo v. City of New London.

North Dakota Castle Coalition letter grade of

In 2006, a citizen initiative called Measure 2 was introduced an amendment on the 2006 ballot. Though the North Dakota legislature didn’t meet until 2007, Measure 2 was still welcomed with overwhelming support. Measure 2 stated that “a public use or a public purpose does not include public benefits of economic development, including an increase in tax base, tax revenues, employment, or a general economic health. Private property shall not be taken for the use of, or ownership by, any private individual or entity, unless that property is necessary for conducting a common carrier or utility business.”

After this passed on the 2006 ballot, it was signed and passed as Senate Bill 2214 in 2007 by the state legislature. Now, developers are unable to condemn private property for private transfers. With the definition of public use virtually unassailable, the state’s efforts to help curb eminent domain are seen through shining colors.

Summary

Thanks to the citizen initiative, property owners can be at ease knowing that they have full protection against any private party transfers as a result of eminent domain. North Dakota receives nearly the highest rating because the citizen initiative resulted in a change to the state’s Century Code, ensuring full protection and reform. Click to read more about Senate Bill 2214 from the 2007 North Dakota Legislature.