North Dakota Code 61-03-21.3 – Removal, modification, or destruction of dangers in, on the bed of, or adjacent to navigable waters
1. If the department finds that buildings, structures, boat docks, debris, or other manmade objects, except a fence or corral, situated in, on the bed of, or adjacent to waters that have been determined to be navigable by a court are, or are likely to be, a menace to life or property or public health or safety, the department may issue an order to the person responsible for the object. If the department issues an order, the order must specify the nature and extent of the conditions, the action necessary to alleviate, avert, or minimize the danger, and a date by which that action must be taken. If the department determines an object covered by flood insurance is likely to be a menace to life or property or public health or safety, the date specified in the order for action to be taken may not precede the date on which the person is eligible to receive flood insurance proceeds. If a building, structure, boat dock, debris, or other manmade object, except a fence or corral, is partially or completely submerged due to the expansion of navigable waters, the person responsible is the person who owns or had control of the property on which the object is located or the person who owned or had control of the property immediately before it became submerged by water.
Terms Used In North Dakota Code 61-03-21.3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. If the action is not taken by the date specified, but not less than twenty days from the date of service of the notice, the department may cause the action to be taken. The department may require the action to be taken in less than twenty days if an emergency exists.
3. a. The department may bring an action to enforce an order of the department, or if the department causes the action to be taken, the department may:
(1) Assess the costs of taking the action, or a portion of the costs as the department determines, against any property of the person responsible; or
(2) Bring a civil action against the person responsible to recover the costs incurred in taking the action.
b. If the department chooses to recover costs by assessing the cost against property of the person responsible and the property is insufficient to cover the costs incurred, the department may bring a civil action to recover any costs not recovered through the assessment process. Any assessments levied under this section must be collected in the same manner as other real estate taxes are collected and paid. Any costs recovered must be deposited in the fund from which the expenses were paid.
4. A person who receives an order, within ten days of the date of service of the order, may demand, in writing, a hearing on the matter. The demand for a hearing must state with particularity the issues, facts, and points of law to be presented at the hearing. If the department determines the issues, facts, and law to be presented are well-founded and not frivolous, and the request for a hearing was not made merely to interpose delay, the department shall set a hearing date without undue delay.
5. In an emergency, the department immediately may apply to the district court of the county in which the property is located for an injunction ordering the person responsible to modify, remove, abate, or otherwise eliminate the dangerous condition.
6. Any person aggrieved by the action of the department may appeal the decision to the district court of the county in which the land is located in accordance with chapter 28-32. A hearing under this section is a prerequisite to an appeal unless the hearing was denied by the department.
7. If the department has issued an order under this section with regard to a building, structure, boat dock, debris, or other manmade object the department has determined is likely to be a menace to life or property or public health or safety, and it later becomes known the object would not have become a menace, a person who has taken action required by the order is entitled to compensation in an amount equal to the value of any property destroyed and reasonable costs incurred as a result of complying with the notice from the department.
8. Any person claiming compensation for the destruction of property or costs incurred under subsection 7 must file a claim with the department in the form and manner required by the department. Unless the amount of compensation is agreed to between the claimant and the department, the amount of compensation must be calculated in the same manner as compensation due for taking of property pursuant to the condemnation laws of this state. In determining compensation, the proceeds of any flood or other insurance or any other kind of compensatory payments must be subtracted from the amount paid.