WHEREAS, the power of eminent domain is a serious authority granted to governments for the public good, intended to allow the acquisition of private property for public uses such as infrastructure, schools, parks, and transportation systems; and
WHEREAS, the use of eminent domain or land seizure for the primary benefit of private corporations or entities—such as for commercial development, private industrial projects, or increased tax revenue—is contrary to the foundational principles of property rights and public interest; and
WHEREAS, such practices have historically led to the displacement of residents, the destruction of communities, and the erosion of trust in public institutions, particularly impacting vulnerable populations; and
WHEREAS, the US Supreme Court’s decision in Kelo v. City of New London (2005) expanded the interpretation of “public use” to include private development, prompting widespread concern and legislative responses across the nation to restore limitations on eminent domain;
NOW, THEREFORE, BE IT RESOLVED, the NDGOP State Committee urges the North Dakota Legislature and the Governor of North Dakota place into North Dakota Century Code the following protections to the ownership of private property:
1. Prohibition on Eminent Domain for Private Gain
No private property shall be taken or condemned through the power of eminent domain if the primary purpose of such taking is for economic development, private commercial enterprise, or corporate benefit.
2. Definition of Public Use
For the purposes of this resolution, “public use” shall be strictly construed to mean the use or ownership by a governmental entity or the provision of essential public services and infrastructure that are accessible and beneficial to the general public, and not for the primary benefit of private for-profit interests.
3. Transparency and Oversight
Any proposed use of eminent domain shall be subject to full public disclosure, community impact assessments, and at least two public hearings to ensure transparency, public accountability, and adherence to the public interest.
4. Right of Appeal
Property Owners shall be guaranteed a right of appeal through a fair and expedited process, with access to independent legal representation and compensation for costs incurred during the appeal.
BE IT FUTHER RESOLVED, that a copy of this resolution be forwarded to all Republican members of the North Dakota State Legislature and to the Governor of North Dakota for their consideration.
BE IT FURTHER RESOLVED:
1. The NDGOP shall ensure that this resolution be posted on the official website ndgop.org
2. The designated website administrator is authorized and directed to oversee the posting and to ensure that the resolution remains accessible online.
3. Should circumstances require removal or update of the posted material, such action shall be documented and approved by the NDGOP Executive Committee.
Adopted this 14th day of June, 2025, by the North Dakota Republican Party State Committee
