All devises, bequests, legacies, and gifts made, executed, and delivered, prior to January 1, 1943, to any state educational, charitable, or penal institution, whether vested or not, and whether executed or executory, accrued or to accrue, and all provisions in any will making any such devise, bequest, legacy, or gift, are hereby declared to be legal and valid for all purposes, and subject to the provisions of this code.
1-08-04. Authorizing state and counties, cities, and other municipalities to accept devises, bequests, legacies, and gifts. Devises, legacies, bequests, and gifts may be lawfully made to the state or any county, township, city, school district, or park district of the state of North Dakota. The title to any property that is devised, bequeathed, or given to the state, or to any such county, township, city, school district, or park district, for the use and benefit thereof, vests in the state or such county, township, city, school district, or park district, to be by it held in trust under the terms and conditions provided for in the devise, legacy, bequest, or gift. Unless otherwise authorized by the will or other instrument providing for the devise, legacy, bequest, or gift, no part of the property, nor of the income therefrom, may be diverted or used for any other purpose. The officers charged with the management of the fiscal affairs of the state may only accept and receive a devise, legacy, bequest, or gift that is consistent with the statutory responsibilities of the specific officer involved. The officers charged with the fiscal management of any county, township, city, school district, or park district may accept and receive any such devise, legacy, bequest, or gift. The officer who accepts and receives the devise, legacy, bequest, or gift shall administer the same for and on behalf of the state, or any such county, township, city, school district, or park district.
1-08-04.1. State property having historical or artistic significance - Responsibilities of state historical society and council on the arts - Review and advice on property for exhibition. Except for the board of higher education and state institutions under the jurisdiction of the board, every state official or entity that, on behalf of the state, holds, acquires, or receives property having historical or artistic significance shall document and inventory that property on forms furnished by the state historical society. One copy of the completed form must be retained in the office of that official or entity and one copy must be filed with the state historical society. The information filed with the society must include a description of the property, the identity of the donor if acquired by gift, the date the property was acquired or received, any conditions on acceptance of the property if given by gift, and appropriate evidence of ownership. The
information must also indicate whether the property is intended for permanent or long-term exhibition on the capitol grounds or in public areas in the state capitol. With respect to property intended for permanent or long-term exhibition on the capitol grounds or in public areas in the state capitol, the state historical society shall notify the state council on the arts. The council on the arts shall advise the capitol grounds planning commission with respect to permanent or long-term exhibition of the property on the capitol grounds or in public areas in the capitol. Before transfer of ownership or other disposal of property documented and inventoried under this section, that property must be offered to the state historical society for inclusion in its historical collections.