What is the procedure for resolving a dispute over compensation?
In North Dakota, resolving a dispute over compensation for a property seized through eminent domain is a somewhat complex process. The process begins with the property owner filing a petition for just compensation with the local county court. The petitioner must provide evidence that they are the owner of the property, as well as the amount they believe is fair compensation. The court will then take the petition and appoint a jury to assess the issue and make a decision. The court will also appoint a referee who is an expert in the matter. The referee is responsible for reviewing evidence and presenting information to the jury. The jury will hear from both the property owner and the condemning party to determine what would be a fair amount of compensation. After the jury has come to a decision, the court will then render a judgement. The judgement will include the amount of compensation awarded to the property owner, as well as an order requiring the parties to abide by the judgement. The judgement is then sent to the condemning party who must pay the awarded amount to the property owner. If either party disagrees with the judgement, they may file an appeal. An appeal is a request to have the case heard before a higher court. Depending on the results of the appeal, the judgement may be upheld or reversed. If the judgement is reversed, the process will start all over again and a new jury will be appointed to resolve the dispute.
Related FAQs
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