2013 North Dakota Century Code Title 54 State Government Chapter 54-01 Sovereignty and Jurisdiction of State
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TITLE 54
STATE GOVERNMENT
CHAPTER 54-01
SOVEREIGNTY AND JURISDICTION OF STATE
54-01-01. Original and ultimate title to all property in state.
The original and ultimate right to all property, real or personal, within the limits of this state is
in the state.
54-01-02. When property escheats.
All property, real and personal, within the limits of this state, which does not belong to any
person or to the United States, belongs to the state. Whenever the title to any property fails for
want of heirs or next of kin, it reverts to the state.
54-01-02.1. Unclaimed funds defined.
Repealed by S.L. 1975, ch. 425, § 29.
54-01-02.2. Notice of unclaimed funds.
Repealed by S.L. 1975, ch. 425, § 29.
54-01-02.3. Disposal of unclaimed funds.
Repealed by S.L. 1975, ch. 425, § 29.
54-01-03. State may acquire property by taxation.
The state may acquire property by taxation in the modes authorized by law.
54-01-04. State may acquire property by right of eminent domain.
The state may acquire or authorize others to acquire title to property, real or personal, for
public use in the cases and in the modes provided by law.
54-01-05. State may acquire property by eminent domain for state institution.
The state, by the exercise of the right of eminent domain, may acquire, for the use of any
state institution or state industry, any property necessary:
1. To the maintenance or expansion of such institution;
2. To the acquirement of any of the essentials of the existence of such institution or
industry;
3. To the operation of such institution or industry;
4. To the health, safety, or support of any inmates of such institution; or
5. To the protection or care of the property of such institution or industry.
The proceedings for the acquirement of any such property must be prosecuted by the attorney
general in the name of the state as plaintiff and must be governed by the provisions of chapter
32-15 applicable to condemnation proceedings.
54-01-05.1. State-owned land - How transferred.
Real property held in the name of the state of North Dakota for the use and benefit of any
department or agency thereof may be transferred and conveyed by quitclaim deed executed in
the name of the state of North Dakota by the governor and attested by the secretary of state.
54-01-05.2. Sale of state-owned land - Notice.
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
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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.
54-01-05.3. Attorney general to review bills providing for sale of land - Commissioner
of university and school lands to render opinion on land use.
Repealed by S.L. 1981, ch. 516, § 4.
54-01-05.4. Impact analysis - Governor to require.
Repealed by S.L. 1981, ch. 515, § 1.
54-01-05.5. Bills authorizing sale or exchange of state-owned land - Written report Opinion.
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:
a. An analysis of the type of land involved.
b. A determination whether the land is needed for present or future uses of the
agency, board, commission, department, or institution.
c. A description of the party or parties, if known, who are interested in the land and
the purposes for which the land is desired.
d. A map showing the boundaries of the land proposed to be sold or exchanged and
the purposes for which the adjacent lands are used.
2. 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
shall then issue a written opinion 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.
3. The commissioner may adopt rules to provide for administration of this section.
54-01-06. Jurisdiction over property in state - Limitations.
The sovereignty and jurisdiction of this state extend to all places within its boundaries as
established by the constitution, but the extent of such jurisdiction over places that have been or
may be ceded to, or purchased or condemned by, the United States, is qualified by the terms of
such cession or the laws under which such purchase or condemnation has been or may be
made.
54-01-07. Legislative consent to purchase of lands by United States - Jurisdiction.
Repealed by S.L. 1981, ch. 518, § 2.
54-01-08. Jurisdiction ceded to lands acquired by United States for military post.
Jurisdiction is ceded to the United States over any tract of land that may be acquired by the
United States on which to establish a military post. Legal process, civil and criminal, of this
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state, extends over all land acquired by the United States to establish a military post in any case
in which exclusive jurisdiction is not vested in the United States, and in any case where the
crime is not committed within the limits of such reservation.
54-01-09. Ceding to the United States exclusive jurisdiction over certain lands which
are part of the Fort Lincoln military reservation.
Exclusive jurisdiction is ceded to the United States over the following tracts of land which
were reserved from the public domain and set apart for military purposes as additions to the
Fort Lincoln military reservation by executive orders of the President of the United States dated
May 17, 1899, June 8, 1901, and January 17, 1907:
Lots two, three, and four, section ten, township one hundred thirty-seven north, range eighty
west, and lots eleven and thirteen, section thirty-four, township one hundred thirty-eight
north, range eighty west of the fifth principal meridian, situated in Burleigh County, and all
accretions thereto.
Jurisdiction over the above-described lands is ceded upon the express condition that all civil
process issued from the courts of this state, and such criminal process as may issue under the
authority of this state against any person charged with crime committed within the jurisdiction of
this state, may be served and executed thereon in the same manner and by the same officers
as if this section had not been enacted.
54-01-09.1. (See note for effective date) State offenses - Concurrent jurisdiction ceded
to the United States.
Concurrent jurisdiction is hereby ceded to the United States over offenses, as defined in
section 12.1-01-04, when committed within boundaries of the tracts of land designated as:
1. Theodore Roosevelt national park.
2. Fort Union trading post national historic site.
3. Knife River Indian villages national historic site.
(See note for effective date) State offenses - Concurrent jurisdiction ceded to the
United States. Concurrent jurisdiction is ceded to the United States over offenses, as defined in
section 12.1-01-04, when committed within the boundaries of the tracts of land designated as:
1. Theodore Roosevelt national park.
2. Fort Union trading post national historic site.
3. Knife River Indian villages national historic site.
4. Fort Totten national historic site.
54-01-09.2. Concurrent jurisdiction - Vested upon acceptance.
The concurrent jurisdiction ceded by section 54-01-09.1 is vested upon acceptance by the
United States by and through its appropriate officials and continues so long as the lands within
the designated areas are dedicated to park or historic site purposes.
54-01-09.3. Retrocession of jurisdiction - Acceptance - Filing.
1. The consent of North Dakota is hereby given to the retrocession by the United States
of the jurisdiction granted by section 54-01-09.1, either partially or wholly. A partial
retrocession may be with respect to particular territory or particular offenses, or both.
The governor is authorized to accept any such retrocession of jurisdiction on behalf of
North Dakota.
2. When the governor receives written notification from the authorized official or agent of
the United States that the United States desires or is willing to retrocede jurisdiction to
North Dakota as provided in subsection 1, the governor may accept, and after filing the
original acceptance with the secretary of state, the retrocession of jurisdiction will
become effective.
54-01-10. State may accept military and Indian reservations.
The state of North Dakota may accept from the United States any military reservation or
Indian school reservation, and all property connected with either, that the United States may
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cede or transfer to the state, subject to any conditions and requirements which Congress may
impose.
54-01-10.1. Acceptance of Fraine Barracks.
The state of North Dakota hereby accepts from the United States of America the lands and
improvements comprising the Bismarck Indian school plant, as authorized by Public Law
78-502, which must hereafter be known as "Fraine Barracks" in honor of the late Brigadier
General John A. Fraine.
54-01-11. Who has charge of property ceded by United States to state.
When any military reservation or Indian school reservation is ceded to the state of North
Dakota by the United States, the director of the office of management and budget shall take
charge of and care for the property until otherwise provided by law. The governor shall receipt to
the United States for any personal property transferred to the state.
54-01-12. Exchange of lands on Indian reservation between state and federal
government.
The state of North Dakota, through its several departments and agencies, may exchange
tracts and sections of land on Indian reservations within the state, belonging to the state of
North Dakota, and not a part of the original grant of land to the state provided in the Enabling
Act, for lands of like character and value belonging to the United States government on Indian
reservations within this state. Such exchange is subject to the approval of the appropriate
department of the federal government and the lands must be appraised in the manner provided
by law. The state also may execute and deliver proper conveyances of such land in the manner
and form provided by law, without the necessity of complying with any statute requiring notice of
exchange or competitive bidding, and it may accept in return therefor a proper instrument of
conveyance to the state of the lands for which such state lands are exchanged.
54-01-13. Exchange of lands on Fort Berthold reservation.
The state of North Dakota, through its several departments and agencies, is hereby
authorized and empowered to exchange tracts, sections, and parcels of land located within the
diminished borders of Fort Berthold reservation belonging to the state of North Dakota and not a
part of the original grant of lands to the state provided for in the Enabling Act, for lands of like
character and value belonging to the United States government located outside of the
diminished borders of said Fort Berthold reservation. Such exchange is subject to the approval
of the proper department of the federal government, and such lands must be appraised as
provided by law in the case of sale of real property owned by the state. The state also may
execute and deliver proper conveyances of such land in the manner and form provided by law,
without the necessity of complying with any statute requiring the giving of notice of exchange or
competitive bidding, and may accept in return therefor a proper instrument of conveyance to the
state of North Dakota of the land for which such lands are exchanged.
54-01-13.1. Exchange of lands within Theodore Roosevelt National Park.
The state of North Dakota is hereby authorized to transfer and convey to the United States
of America any lands situated within the Theodore Roosevelt National Park in the county of
Billings, state of North Dakota, including state school lands and lands held by the state historical
society or for the use and benefit of the state game and fish department, such transfer and
conveyance to be made in exchange for federal lands of not less than equal value situated
outside of the Theodore Roosevelt National Park.
54-01-13.2. Appraisal.
The lands to be conveyed to the United States of America and also the lands to be taken in
exchange therefor, under the provisions of section 54-01-13.1, must be appraised by the county
superintendent of schools, the county auditor, and the chairman of the board of county
commissioners in the county where the land is situated, at its fair market value, but no state
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school lands may be appraised and valued at less than ten dollars per acre [.40 hectare]. The
county director of tax equalization shall serve as an assistant in making the appraisals.
54-01-13.3. Conveyance.
Conveyances made under section 54-01-13.1 to the United States of America of state
school lands must be executed in the same form and manner as now provided by law for the
sale and conveyance of state school lands and conveyance by the state of other lands under
the provisions of section 54-01-13.1 must be executed on behalf of the state of North Dakota by
the governor and attested by the secretary of state.
54-01-14. Lease of land to northern great plains dairy station - When to terminate.
The lease of all of section nine in township one hundred thirty-eight north, range eighty-one
west of the fifth principal meridian in Morton County, North Dakota to the United States northern
great plains dairy station for a term of ninety-nine years as provided by chapter 28 of the 1929
Session Laws, terminates if the land ceases to be used for experimental dairy uses and
purposes and if the lessee ceases to maintain its experimental dairy station as now located in
Morton County, North Dakota.
54-01-15. Acquisition of national forest lands by United States - Jurisdiction of state
over such lands.
The United States may, with the specific consent of the legislative assembly as to each tract
acquired, acquire, by purchase, gift, or condemnation with adequate compensation, such lands
in North Dakota as in the opinion of the federal government may be needed for the
establishment of national forests. The state shall retain a concurrent jurisdiction with the United
States in and over lands so acquired to the extent that civil process in all cases, and such
criminal process as may issue under the authority of the state against any person charged with
the commission of any crime without or within said jurisdiction, may be executed thereon in like
manner as if this section had not been enacted. The legislative consent required by this section
must be in the form of a duly enacted bill.
54-01-16. Power of Congress to make rules governing land acquired for national
forests.
Power is conferred upon the Congress to pass such laws and to make or provide for the
making of such rules and regulations, of both civil and criminal nature, and to provide
punishment therefor, as in its judgment may be necessary for the administration, control, and
protection of such lands as from time to time may be acquired by the United States under the
provisions of section 54-01-15.
54-01-17. Right of way over state lands.
Repealed by S.L. 1995, ch. 435, § 2.
54-01-17.1. Granting easements to state-owned land - Procedure.
A state agency may, when it deems such action to be in the best interest of the state, grant
easements upon or across any real property which it administers and which is owned by the
state for the use or benefit of a state institution under its jurisdiction.
Any property rights transferred under the authority of this section must be transferred and
conveyed by quitclaim instrument or easement executed in the name of the state of North
Dakota by the governor and attested by the secretary of state. Such quitclaim instrument or
easement must contain specific legal descriptions of the property right transferred and the
location thereof.
Upon the granting of an easement under the authority of this section any proceeds must be
used in the following manner:
1. If the property is the subject of a devise, legacy, bequest, or gift to the institution the
proceeds of the easement are subject to the provisions of sections 1-08-02 and
1-08-04.
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2.
If the property is not subject to sections 1-08-02 and 1-08-04, the proceeds of the
easement must be deposited in the special operating fund of the institution or, if no
such operating fund then exists, such proceeds must be deposited in the general fund
in the state treasury.
54-01-17.2. North Dakota-Saskatchewan-Manitoba boundary advisory committee.
Repealed by S.L. 1995, ch. 489, § 1.
54-01-18. All persons within the state subject to its jurisdiction and entitled to
protection.
Every person while within this state is subject to its jurisdiction and entitled to its protection.
54-01-19. Rights of state over persons enumerated.
The state has the following rights over persons within its limits, to be exercised in the cases
and in the manner provided by law:
1. To punish for crime.
2. To imprison or confine for the protection of the public peace or health or of individual
life or safety.
3. To imprison or confine for the purpose of enforcing civil remedies.
4. To establish custody and restraint for the persons of unsound mind dangerous to
themselves or society.
5. To establish custody and restraint of paupers for the purpose of their maintenance.
6. To establish custody and restraint of minors unprovided for by natural guardians for the
purpose of their education, reformation, and maintenance.
7. To require services of persons, with or without compensation, as follows:
a. In military duty;
b. In jury duty;
c. As witnesses;
d. As township officers;
e. In highway labor;
f. In maintaining the public peace;
g. In enforcing the service of process;
h. In protecting life and property from fire, pestilence, wreck, or flood; and
i. In such other cases as are provided by law.
54-01-20. The people defined.
The people, as a political body, consist of:
1. Citizens who are electors; and
2. Citizens not electors.
54-01-21. Citizens defined.
The citizens of the state are all persons who are citizens of the United States of America
and who are bona fide residents of the state of North Dakota.
54-01-22. Persons not citizens.
Persons in this state who are not its citizens are either:
1. Citizens of other states; or
2. Aliens.
54-01-23. Duty of citizens - Allegiance defined - How renounced.
Allegiance is the obligation of fidelity and obedience which every citizen owes to the state.
Allegiance may be renounced by a change of residence.
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54-01-24. Rights and duties of citizens not electors.
An elector has no rights or duties beyond those of a citizen not an elector, except the right
and duty of holding and electing to office.
54-01-25. Rights and duties of citizens of other states.
A citizen of the United States who is not a citizen of this state has the same rights and
duties as a citizen of this state who is not an elector.
54-01-26. Residence - Rules for determining.
Every person has in law a residence. In determining the place of residence, the following
rules must be observed:
1. It is the place where one remains when not called elsewhere for labor or other special
or temporary purpose and to which the person returns in seasons of repose.
2. There can be only one residence.
3. A residence cannot be lost until another is gained.
4. The residence of the supporting parent during the supporting parent's life, and after the
supporting parent's death, the residence of the other parent is the residence of the
unmarried minor children.
5. An individual's residence does not automatically change upon marriage, but changes
in accordance with subsection 7. The residence of either party to a marriage is not
presumptive evidence of the other party's residence.
6. The residence of an unmarried minor who has a parent living cannot be changed by
either that minor's own act or that of that minor's guardian.
7. The residence can be changed only by the union of act and intent.
54-01-27. Lease of state-owned property.
Notwithstanding any other provision of law, the state, or any agency or institution of the
state, may enter agreements to lease all or part of, or an undivided or other interest in, any real
or personal property belonging to the state, or any agency or institution of the state, to and, or,
from any agency or institution of the state or any person for such compensation and upon such
terms and conditions as the parties under such agreement may stipulate. Such agreements
must be authorized by the board, if any, or commissioner or other executive officer of the
commission, agency, or institution holding, controlling, possessing, or owning the property or on
whose behalf the property is held. For purposes of this section, the agreements include any
lease, sublease, purchase agreement, lease-purchase agreement, installment purchase
agreement, leaseback agreement, or other contract, agreement, instrument, or arrangement
pursuant to which any rights, interests, or other property are transferred to, by, or from any party
to, by, or from one or more parties, and any related documents entered or to be entered,
including any operating agreement, service agreement, indemnity agreement, participation
agreement, loan agreement, or payment undertaking agreement entered as part of a long-term
lease and leaseback transaction. A lease obligation under this section may not exceed a term of
ninety-nine years. A lease obligation entered into under this section is payable solely from
revenues to be derived by the state, or any agency or institution of the state, from the
ownership, sale, lease, disposition, and operation of the property; any funds or investments
permitted under state law, and any earnings thereon, to the extent pledged therefor; revenues to
be derived by the state, or any agency or institution of the state, from any support and operating
agreement, service agreement, or any other agreement relating to the property; funds, if any,
appropriated annually by the legislative assembly or received from federal sources; and income
or proceeds from any collateral pledged or provided therefor. A lease obligation under this
section does not constitute an indebtedness of the state, or any agency or institution of the
state, or a pledge of the full faith and credit or unlimited taxing resources of the state, or any
agency or institution of the state. Notwithstanding any other law, the state, or any agency or
institution of the state, may solicit and accept one or more proposals for a lease transaction,
including the arrangement thereof, under this section, and accept any proposal that is
determined to be in the public interest. The public finance authority, on behalf of the state, or
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any agency or institution of the state, may do and perform any acts and things authorized by this
section, including making, entering, and enforcing all contracts or agreements necessary,
convenient, or desirable for the purposes of this section.
54-01-28. Northern plains national heritage area - Use of state funds and property
prohibited unless approved by legislative assembly.
State funds may not be expended or transferred from state agencies to match federal
moneys for the northern plains national heritage area or any similar or successor designated
areas without the approval of the legislative assembly. State lands, water, property, or facilities
may not be included in the designated northern plains national heritage area or any similar or
successor designated areas without the approval of the legislative assembly. No further lands,
water, property, or facilities may be designated as heritage areas within this state without the
approval of the legislative assembly.
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