Title 47 — Property

The recorder of a county may charge a filing fee as provided by section 11-18-05 for the filing of each corner record as defined in section 47-20.1-02.

In every case where a corner record of a public land survey corner is required to be filed under the provisions of this chapter, the surveyor must reconstruct or rehabilitate the monument of such corner and accessories to such corner, so that the same shall be left by him in such…

The registered land surveyor establishing or rehabilitating corner markers shall place as a minimum acceptable marker, a durable ferromagnetic monument not less than eighteen inches [45.72 centimeters] in length and not less than one-half inch [12.7 millimeters] in sectional dime…

No corner record shall be filed unless the same is signed by a registered land surveyor and stamped with the surveyor's seal.

No United States government survey corner nor any corner established by any registered land surveyor, monumented as herein prescribed, shall be disturbed, removed, or in any manner changed by any person in the prosecution of any public or private work. Whoever shall violate any o…

This chapter may be cited as the Survey and Corner Recordation Act of North Dakota.

1. The systems of plane coordinates which have been established by the national oceanic and atmospheric administration national ocean survey/national geodetic survey or its successors for defining and stating the geographic positions or locations of points on the surface of the e…

1. As established for use in the north zone, the North Dakota coordinate system of 1927 or the North Dakota coordinate system of 1983 is named, and in any land description in which it is used it must be designated the North Dakota coordinate system of 1927, north zone, or the Nor…

The plane coordinate values for a point on the earth's surface, used in expressing the geographic position or location of such point in the appropriate zone of this system, shall consist of two distances, expressed in United States survey feet [meters] and decimals of a foot [met…

Whenever coordinates based on the North Dakota coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys, the description by coordinates must be c…

1. For the purposes of more precisely defining the North Dakota coordinate system of 1927, the following definitions by the United States coast and geodetic survey are adopted: a. The North Dakota coordinate system of 1927, north zone, is a Lambert conformal conic projection of t…

The use of the North Dakota coordinate system of 1927 north zone or south zone, the North Dakota coordinate system of 1983 north zone or south zone, the North Dakota statewide coordinate system of 2022, or the North Dakota low-distortion coordinate system of 2022 on any map, repo…

Repealed by S.L. 1989, ch. 555, § 7. 47-20.2-08. Federal and state coordinates describing same tracts - Federal precedence. Repealed by S.L. 1989, ch. 555, § 7.

Repealed by S.L. 1989, ch. 555, § 7.

As used in this chapter, the term "owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other ar…

No person shall advertise or offer for sale or resale, or sell or resell, or possess for such purposes, any phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, unless the outside cover, box, or jacket clearly and conspicuously discloses the a…

Any recording produced in violation of this chapter, and any equipment used in the production thereof, shall be subject to forfeiture and destruction upon seizure by any state or local law enforcement agency or officer thereof.

The provisions of this chapter shall not apply to: 1. Any broadcaster who, in connection with or as part of a radio, television, or cable broadcast transmission, or for the purpose of archival preservation, transfers any sounds recorded on a sound recording. 2. Any person who tra…

Any person violating subsection 1 or 2 of section 47-21.1-02 shall, upon conviction thereof, be guilty of a class C felony. Each individual, felonious manufacture or production of a recorded article shall constitute a separate offense and be punishable as such. Any person violati…

As used in this chapter: 1. "Copyright laws of the United States" means those laws specified pursuant to title 17 of the United States Code [Pub. L. 94-553; 17 U.S.C. 101 et seq.]. 2. "Copyright owner" means the owner of a copyright of a musical work other than a motion picture o…

A performing rights society may not enter, or offer to enter, a contract for the payment of royalties by a proprietor unless it agrees to provide to the proprietor upon request at the proprietor's place of business, by electronic means or otherwise, information as to whether spec…

Every contract for the payment of royalties between a proprietor and a performing rights society executed, issued, or renewed in this state must be signed by both parties to the contract and must include the following information: 1. The proprietor's name and business address and…

A performing rights society, or any agent, employee, or representative of a performing rights society, may not: 1. Enter onto the premises of a proprietor's business for the purpose of discussing or inquiring about a contract for the payment of royalties with the proprietor or th…

Any person suffering a violation of this chapter has a claim for relief to recover actual damages and reasonable attorney's fees and seek an injunction or any other remedy available.

This chapter does not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the federal communications commission or to contracts with cable operators, programmers, or other transmission services. In addition, this chapter does no…

In this chapter: 1. "Adult" means an individual who has attained the age of twenty-one years. 2. "Benefit plan" means an employer's plan for the benefit of an employee or partner. 3. "Broker" means a person lawfully engaged in the business of effecting transactions in securities …

1. This chapter applies to a transfer that refers to this chapter in the designation under subsection 1 of section 47-24.1-09 by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial pro…

1. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance…

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 47-24.1-09.

1. A personal representative or trustee may make an irrevocable transfer pursuant to section 47-24.1-09 to a custodian for the benefit of a minor as authorized in the governing will or trust. 2. If the testator or settlor has nominated a custodian under section 47-24.1-03 to rece…

1. Subject to subsection 3, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to section 47-24.1-09, in the absence of a will or under a will or trust that does not contain an a…

1. Subject to subsections 2 and 3, a person not subject to section 47-24.1-05 or 47-24.1-06 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to section 47-24.1…

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter. 47-24.1-09. Manner of creating custodial property and effecting transfer - Designation of initial custo…

A transfer may be made only for one minor and up to two persons may be joint custodians. All custodial property held under this chapter by the same custodian or joint custodians for the benefit of the same minor constitutes a single custodianship. Unless otherwise specified in a …

1. The validity of a transfer made in a manner prescribed in this chapter is not affected by: a. Failure of the transferor to comply with subsection 3 of section 47-24.1-09 concerning possession and control; b. Designation of an ineligible custodian, except designation of the tra…

1. A custodian shall: a. Take control of custodial property; b. Register or record title to custodial property if appropriate; and c. Collect, hold, manage, invest, and reinvest custodial property. 2. In dealing with custodial property, a custodian shall observe the standard of c…

1. A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. 2. This section does…

1. A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: a. The duty or ability of the custodian persona…

1. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. 2. Except for one who is a transferor under section 47-24.1-12, a custodian has a noncumulative election during each calendar year to…

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: 1. The val…

1. A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property, or a tort committed during the custodianship may be asserted against the custodial property by proceeding against …

1. A minor who has attained the age of fourteen years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court for an accounting by the custodian or the custodia…

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: 1. The minor's attainment of twenty-one years of age with respect to custodial property transferred under section 47-24.1-04 or 47-24.1-05; 2. T…

This chapter applies to a transfer within the scope of section 47-24.1-02 made after June 30, 1985, if: 1. The transfer purports to have been made under the North Dakota Uniform Gifts to Minors Act; or 2. The instrument by which the transfer purports to have been made uses in sub…

1. Any transfer of custodial property as now defined in this chapter made before July 1, 1985, is validated notwithstanding that there was no specific authority in the North Dakota Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer f…

As used in this chapter, unless the context requires otherwise: 1. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. 2. "Misappropriation" means: a. Acquisit…

1. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction must be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time to eliminate commercial advantage t…

1. Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the a…

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.

In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action, and ordering a…