N.D. Cent. Code § 54-01-05.5
Bills authorizing sale or exchange of state-owned land - Written report - Assessment
Redline — December 1, 2021 → current.View current text →
Current — March 1, 2022
As of December 1, 2021
(1) The supervising agency, board, commission, department, or institution owning or controlling land proposed by a bill introduced in the legislative assembly to be sold or exchanged shall prepare a written report that includes: An analysis of the type of land involved.
(2) A determination whether the land is needed for present or future uses of the agency, board, commission, department, or institution.
(3) A description of the party or parties, if known, who are interested in the land and the purposes for which the land is desired.
(4) A map showing the boundaries of the land proposed to be sold or exchanged and the purposes for which the adjacent lands are used.
(5) The commissioner of university and school lands shall review each legislative bill proposing the sale or exchange of state-owned land and the written report from the supervising agency, board, commission, department, or institution. The commissioner may provide a written assessment to the standing committee of the legislative assembly to which the bill is initially referred concerning the proposed land sale or exchange and, in doing so, shall consider the “highest and best use” of the land as defined by section 15-02-05.1.
(6) The commissioner may adopt rules to provide for administration of this section.
Except as provided by section 54-01-05. 5, whenever any department or agency of the state other than the board of university and school lands, the housing finance agency, and the Bank of North Dakota is authorized to sell such real property, the property must be sold for cash by the county auditor or other person designated by the department or agency concerned at public auction at the front door of the courthouse in the county in which the property lies. A notice of sale must have been published in the official newspaper of the county in which the property lies for three successive weeks, with the last publication not less than ten days before the day of sale. The notice must be given in the name of the administrative head of the department or agency concerned and must state the place, day, and hour of the sale, the description of the real property to be sold, the appraised value, and that the state reserves the right to reject any and all bids. No land may be sold at auction for less than the appraised value. In addition to the purchase price at auction, the buyer must pay the cost of preparing the land for sale. For a land sale or exchange when the value of the land is not more than one hundred thousand dollars, one appraisal must be obtained, and when the value of the land is in excess of one hundred thousand dollars, two appraisals must be obtained. If more than one appraisal is obtained, the appraised value of the land is the average of the two appraisals. If no bid is received on the land at public auction, the land may be sold for not less than ninety percent of the appraised value.
Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.