N.D. Cent. Code § 10-06.1-10

10-06.1-10. Acquisition of certain farmland or ranchland by certain nonprofit

organizations.

A nonprofit organization may acquire farmland or ranchland only in accordance with the

following:

1. Unless it is permitted to own or lease farmland or ranchland under section 10-06.1-09,

the nonprofit organization must have been either incorporated in this state or issued a

certificate of authority to do business in this state before January 1, 1985, or, before

January 1, 1987, have been incorporated in this state if the nonprofit organization was

created or authorized under Public Law No. 99-294 [100 Stat. 418]. A nonprofit

organization created or authorized under Public Law No. 99-294 [100 Stat. 418] may

acquire no more than twelve thousand acres [4856.228 hectares] of land from interest

derived from state, federal, and private sources held in its trust fund.

2. The farmland or ranchland may be acquired only for the purpose of conserving natural

areas and habitats for biota, and, after acquisition:

a. The land must be maintained and managed for the purpose of conserving natural

area and habitat for biota.

b. Any agricultural use of the land is in accordance with the management of the land

for conservation and agricultural use, and is by a sole proprietorship or

partnership, or a farming or ranching corporation or a farming or ranching limited

liability company.

c. If any parcel of the land is open to hunting, it must be open to hunting by the

general public.

d. The nonprofit organization must fully comply with all state laws relating to the

control of noxious and other weeds and insects.

e. The nonprofit organization must make payments in lieu of property taxes on the

property, calculated in the same manner as if the property was subject to full

assessment and levy of property taxes.

f. All property subject to valuation must be assessed for the purpose of making the

payments under subdivision e in the same manner as other real property in this

state is assessed for tax purposes. Before June thirtieth of each year, the county

auditor of any county in which property subject to valuation is located shall give

written notice to the nonprofit organization and the tax commissioner of the value

placed by the county board of equalization upon each parcel of property subject

to valuation in the county.

3. a. Before farmland or ranchland may be purchased by a nonprofit organization for

the purpose of conserving natural areas and habitats for biota, the governor must

approve the proposed acquisition.

b. A nonprofit organization that desires to purchase farmland or ranchland for the

purpose of conserving natural areas and habitats for biota shall first submit a

proposed acquisition plan to the agriculture commissioner who shall convene an

advisory committee consisting of the director of the parks and recreation

department, the agriculture commissioner, the state forester, the director of the

game and fish department, the president of the North Dakota farmers union, the

president of the North Dakota farm bureau, the president of the North Dakota

stockmen's association, and the chairman of the county commission of any

county affected by the acquisition, or their designees.

c. The advisory committee shall hold a public hearing with the board of county

commissioners concerning the proposed acquisition plan and shall make

recommendations to the governor within forty-five days after receipt of the

proposed acquisition plan.

d. The governor shall approve or disapprove any proposed acquisition plan, or any

part thereof, within thirty days after receipt of the recommendations from the

advisory committee.

4. Land acquired in accordance with this section may not be conveyed to the United

States or any agency or instrumentality of the United States.

5. On failure to qualify to continue ownership under subsection 2, the land must be

disposed of within five years of that failure to qualify.