North Dakota
North Dakota Legislature narrows property tax reform bills as key deadline approaches
BISMARCK — North Dakota lawmakers have narrowed the field of property tax bills ahead of the session’s midpoint, with just seven of roughly 20 proposals still standing.
By early March, all Senate bills must pass to the House and all House bills must pass to the Senate.
The House and Senate have only passed one property tax bill so far this session, Senate Bill 2201, which simply seeks to make those who have their primary residences in trusts eligible for the primary residence tax credit passed during the 2023 legislative session.
This week alone, the Legislature shot down eight bills dealing with property taxes. Of those eight, five were killed during a late House session on Tuesday.
The late session followed a nearly hourlong discussion during the chamber’s normal session on amendments to House Bill 1176, which encompasses the governor’s property tax reform and relief plan, introduced by Rep. Mike Nathe, R-Bismarck.
The bill had been substantially amended in committee since its initial introduction. Notably, an amendment had been added that would allow voters to exclude their county or city from the levy increase caps proposed by the bill for a period of up to 10 years. The funding amounts to be appropriated from the General and Legacy funds were flipped so more funding would come from the Legacy Fund and less from the General Fund to pay for the bill’s proposed increase to the primary residence tax credit. Additionally, $50 million had been added to increase income tax relief for North Dakotans, according to Rep. Jared Hagert, R-Emerado.
All amendments to the bill were approved by the House chamber except for the $50 million for income tax relief. The bill was re-referred to the House Appropriations Committee but is expected to return to the floor this week to be voted on.
Gov. Kelly Armstrong said he was happy the bill is moving forward and did not have many qualms with the amendments. He said he understood that legislators were attempting to provide flexibility to smaller political subdivisions with the amendment to allow voters to exclude political subdivisions from levy caps, but thought there was an option to provide that flexibility which would be “a little more restrictive.”
“The fact that this conversation is top of mind and moving forward, it’s not stuck in the mud, that’s really important for how this process works to get to a result at the end,” Armstrong told the Tribune.
“A lot of people are putting a lot of hard work in,” he said. “I don’t have to agree with every single aspect of the legislation to know that everybody’s working hard to get a solid piece of legislation together.”
Tanner Ecker / The Bismarck Tribune
The culling of property tax bills created a heated discussion on the floor during Tuesday’s late session. Rep. Ben Koppelman, R-West Fargo, expressed frustration with the House Finance and Taxation Committee over its decisions on property tax bills this session. He said that it follows a trend over the past several sessions where the committee chooses one bill and piles all the ideas they like from other bills onto it.
“They’re piled into a single bill a lot of times. I think this session it might turn out to be two bills, but then they’ve been particularly harsh on everything else,” Koppelman said in an interview with the Tribune on Wednesday. “Since all these bills had different ideas, I think the body as a whole should really have a fair shake at deciding which is our preferred source … So that’s what I was being critical of.”
Koppelman was the primary sponsor of House bills 1390, 1353 and 1343, which together acted as competitors to House Bill 1176. He said he felt there were “much better options that died last night than what we have in House Bill 1176” but he was hopeful — if skeptical — that pieces from the deceased bills would make their way into whatever property tax reform bill is eventually signed by the governor.
Nathe said he disagreed with Koppelman and others’ assessment of the Finance and Tax Committee and felt the committee had done its job going through the many property tax bills to determine what works and what does not.
This sentiment was echoed by House Majority Leader Rep. Mike Lefor, R-Dickinson, who said the committee had done a “tremendous amount of work” on the property tax reform bills.
“I just believe the Finance and Tax Committee did a very good job of vetting all these different bills because they come from different angles,” Lefor said. “Quite frankly, I appreciate the work of all the representatives — and senators – that brought bills forward.”
Sen. Mark Weber, R-Casselton, who chairs the Senate Finance and Taxation Committee said he had not seen any bills that were direct competitors to 1176 come through his committee, but he had seen at least one bill, Senate Bill 2363, which would work in tandem with 1176 to provide some property tax relief for agricultural landowners.
Rep. Craig Headland, R-Montpelier, who chairs the House Finance and Taxation Committee, said there was one other bill left, House Bill 1575, that was a direct competitor to House Bill 1176. He said he felt 1575 would provide relief in an “easier and simpler” way than House Bill 1176, and would provide tax relief across multiple property designations including residential, commercial, and agricultural land.
Nathe said he felt House Bill 1176 had the most momentum of any property tax bill at this point in the session, especially with the backing of the governor.
Lefor and Armstrong both said they were happy with the progress made on property tax reform so far during the session and felt confident at this point that the Legislature would come away with a strong property tax relief and reform package by the end of it.
“I would say we’re really positive about the likelihood of getting a good piece of relief and reform at the end of the session,” Armstrong said. “Well, hopefully not the end, end. But … I don’t think pre-crossover is going to happen, nor should it. The longer you have momentum moving forward, the more you have stakeholders engage in real solutions to what they see as perceived problems.”
North Dakota
North Dakota approves certificate of site compatibility for 400MWh BESS from NextEra Energy Resources
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North Dakota
Armstrong opens application period for Governor’s Band/Orchestra and Choral programs
BISMARCK, N.D. – Gov. Kelly Armstrong today announced the opening of the application period for school, community and church bands, orchestras and choirs across North Dakota to apply to serve as the Governor’s Official State Band/Orchestra Program and Choral Program for the 2026-2027 school year.
The Governor and First Lady will select the two groups from the applications received based on musical talent, achievement and community involvement. The governor may invite the groups to perform at official state functions held throughout the 2026-2027 school year, including the State of the State Address in January 2027 at the Capitol in Bismarck.
Interested groups should submit an application with a musical recording to the Governor’s Office by 5 p.m. Monday, May 4. The Governor’s Band/Orchestra Program and Governor’s Choral Program will be announced in May. Please complete the application and provide materials at https://www.governor.nd.gov/governors-chorus-and-bandorchestra-program-application.
North Dakota
Greenpeace seeks new trial, claiming jury pool biased in case over Dakota Access Pipeline
Greenpeace has asked for a second trial after a judge entered a $345 million judgment against the organization in a landmark case brought by the developer of the Dakota Access Pipeline.
The case “threatens to result in one of the largest miscarriages of justice in North Dakota’s history,” attorneys for the environmental group wrote in a brief filed last week.
After a three-week trial roughly a year ago, a Morton County jury directed Greenpeace to pay Energy Transfer about $667 million, finding the environmental group at fault for inciting illegal acts against the company during anti-pipeline protests in North Dakota in 2016 and 2017 and for publishing false statements that harmed Energy Transfer’s reputation.
Greenpeace denies Energy Transfer’s claims and maintains that it brought the lawsuit to hurt the environmental movement.
Southwest Judicial District Judge James Gion in October slashed the jury’s award to $345 million, though he didn’t finalize the award until late February.
Greenpeace is now taking steps to fight the judgment, which includes its motion for a new trial.
The environmental group’s reasons for the request include claims that the jury instructions and verdict form contained errors, and that Energy Transfer was allowed to present unfair and irrelevant evidence to jurors. The group also alleges the jury pool was biased.
Greenpeace says the jury’s award assumes that Greenpeace was entirely responsible for any injury Energy Transfer sustained related to the protests. Jurors were not given the opportunity to consider whether Greenpeace was only at fault for a portion of the damages, the organization wrote in its brief.
Attorneys for Greenpeace also referenced the mailers and other media circulated to Mandan and Bismarck residents before the trial that contained anti-Dakota Access Pipeline protest and pro-energy industry content.
The environmental group seeks a new trial in Cass County, arguing in part that the jury pool in the Fargo area would be more fair because its residents did not directly experience the Dakota Access Pipeline protests and because the local economy is less dependent on the energy industry.
If Greenpeace’s request for a new trial is denied, it plans to appeal the case to the North Dakota Supreme Court, the organization has said.
Greenpeace previously asked for the trial to be moved from Morton County to Cass County in early 2025, which Gion and the North Dakota Supreme Court denied.
The lawsuit is against three separate Greenpeace organizations — Greenpeace USA, Greenpeace International and Greenpeace Fund.
Energy Transfer as of Wednesday morning had not submitted a response to Greenpeace’s motion for a new trial. Previously, the company has defended the jury’s verdict and disputed Greenpeace’s claims that the court proceedings were not fair.
Energy Transfer has indicated it may appeal Gion’s decision to reduce the award to $345 million.
Greenpeace will not have to pay any of the $345 million judgment for at least a couple of months, Gion ruled Tuesday.
Court documents indicate that the organization could have to pay a bond of up to $25 million while appeals proceed, though the environmental group has asked the judge to waive or reduce this amount. Gion has not decided on this motion.
He noted that obtaining such a large bond will be challenging.
“The magnitude of this matter defies simple decisions,” Gion wrote.
Energy Transfer in court filings urged the judge to require Greenpeace to post the full $25 million.
Any bond money Greenpeace provides would be held by a third party while the appeals proceed, according to Greenpeace USA.
Greenpeace International has filed a separate lawsuit in the Netherlands that accuses Energy Transfer of weaponizing the U.S. legal system against the environmental group. Energy Transfer asked Gion to order that the overseas suit be paused while the North Dakota case is still active, which Gion denied. The company appealed his ruling to the North Dakota Supreme Court, which has yet to make a decision on the matter.
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