How does the valuation process work?

In North Dakota, the valuation process for Eminent Domain law works as follows. First, the condemning authority must provide notice of condemnation to the affected owner and determine the compensation that will be provided. The notice must include a description of the affected property, the authority’s proposed compensation amount, and a description of the purpose for which the property is being taken. The affected owner then has the opportunity to negotiate a settlement with the condemning authority. If the parties cannot reach a settlement, the affected owner may request that the court appoint a commission to assess the value of the property taken. The commission will then conduct hearings and consider evidence presented by both parties, including evidence of market value, special value, consequential damages, and other costs. The commission will then make a determination of the value of the property taken. This determination is then presented to the court, who can either accept, reject, or modify the determination. If the court does not accept the commission’s assessment of value, the court may order a new commission to be appointed to reassess the value of the property. After the court has approved the assessment, the condemning authority will then provide the owner with the resulting compensation for the taken property. This process is in place to ensure that affected owners are fairly compensated for the taking of their property.

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How does the valuation process work?

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