Title 15, Education

The governor, secretary of state, state treasurer, attorney general, and superintendent of public instruction shall constitute the "board of university and school lands". The governor must be the chairman, the secretary of state must be the vice chairman, and the commissioner of …

The board has: 1. Full control of the selection, appraisement, rental, sale, disposal, and management of: a. Lands donated or granted by or received from the United States or from any other source for the support and maintenance of the common schools. b. All lands which fall to t…

The board of university and school lands shall have authority to set and establish fees in amounts equal to the cost of the issuance of patents, deeds, leases, assignments, land contracts, holding land sales, furnishing documents, receiving and processing all loans made by the bo…

The board shall meet on the last Thursday of each month. If it appears a quorum will not be present for any meeting of the board, the meeting may be rescheduled by the commissioner upon reasonable notice to all members. Special meetings of the board may be held at any time at the…

The secretary of the board shall enter in a suitable book kept for that purpose a full and correct record of all the proceedings of the board at each session thereof. The record, when approved by the board, must be signed by the chairman or presiding officer of the meeting and by…

Necessary incidental expenses of the board, within the limits of any appropriation made therefor by the legislative assembly, must be paid by the office of management and budget from the state land maintenance fund upon satisfactory vouchers. The office of management and budget s…

The board of university and school lands shall appoint a commissioner of university and school lands. All of the official acts of the commissioner are subject to the approval and supervision of the board. Before entering upon the duties of the commissioner, the commissioner shall…

The term of office of the commissioner is four years beginning July first of the year following the general election of the governor and ending June thirtieth of the fourth calendar year after appointment or until a successor is appointed and qualified. The commissioner may be re…

The salary of the commissioner of university and school lands must be within the amount appropriated for salaries by the legislative assembly.

The commissioner, with the consent of the board, may appoint a deputy. Before entering upon any duties, the deputy shall take and subscribe the oath of office required by law for civil officers.

The commissioner, under such directions as may be given by the board of university and school lands, shall: 1. Have general charge and supervision of all lands described in section 15-01-02. 2. Act as general agent of the board in the performance of its duties. 3. Have the custod…

In all cases under section 54-01-05.5 involving legislative bills dealing with the sale or exchange of state land, the commissioner of university and school lands may provide the legislative assembly with an assessment regarding the highest and best use of the land involved. As u…

The commissioner of university and school lands shall act as or employ an administrator of abandoned property and shall employ other personnel as necessary for the proper administration of chapter 47-30.2 and shall set their salaries, within limits of legislative appropriations. …

The commissioner of university and school lands shall cause the government clear lists of selected lands, or certified copies thereof, to be recorded in the offices of the recorders of the respective counties in which such lands have been selected. No fees may be charged or colle…

All abstracts and conveyances of title to the state of North Dakota, when the lands are held for penal, educational, charitable, or school purposes, must be deposited with and must remain in the control of the commissioner of university and school lands.

The commissioner shall keep a record in suitable books showing a detailed quarterly statement of the condition of all of the permanent funds under the control of the board of university and school lands, the amount of each fund, how invested, when due, interest paid, and all acts…

The commissioner shall prepare annual reports on the investment performance of each fund under its control. The reports must be comparable to the reports prepared by the state investment board under section 21-10-06.1. The reports must identify the expenses deducted from each fun…

The commissioner shall have an official seal. Such seal affixed to any contract of purchase, a receipt, or any other instrument issued and duly countersigned by the commissioner is prima facie evidence of the due execution of such contract or other instrument.

All moneys belonging to the permanent funds of the common schools and other public institutions derived from the sale of any of the lands described in section 15-01-02 or from any other source must be paid over to the state treasurer and are subject to the order of the board of u…

There is created a special fund designated as the state lands maintenance fund, which is funded by the trust fund assets under the control of the board of university and school lands. All expenses paid out of the state lands maintenance fund are subject to legislative appropriati…

All administrative salaries and operating expenses of the office of the commissioner of university and school lands must be paid from the state lands maintenance fund upon itemized vouchers in duplicate, approved by the commissioner, setting forth the accounts covered, one copy t…

All proceeds from the sale and management of any assets under the control of the board of university and school lands must be deposited in the trust fund for which the assets were granted or earned and are pledged specifically for the maintenance of the institution for which such…

Subject to the provisions of section 15-03-05, the board of university and school lands shall apply the prudent investor rule in investing the permanent funds under its control. The "prudent investor rule" means that in making investments the board shall exercise the same judgmen…

There is hereby created in the Bank of North Dakota a loan pool account. The board of university and school lands may purchase first mortgage farm loans made in accordance with this chapter from the Bank of North Dakota. All purchased farm loans must be managed and serviced by th…

The board of university and school lands has authority to promulgate policies, rules, and regulations for the purchase of first mortgage farm loans. The board shall set such terms, conditions, interest rates, and other guidelines as it may desire commensurate with its fiduciary r…

Subject to this chapter, the Bank of North Dakota, in accordance with standard banking practices, shall manage all loans in the loan pool account and execute all instruments on behalf of the board of university and school lands that pertain to real estate mortgages in the loan po…

At least one-half of the whole amount of the several permanent funds, as computed by the commissioner of university and school lands at the end of each fiscal year, must be invested in first mortgages on farmlands and rangelands in this state if there is a sufficient demand for i…

Farm loans secured by a first mortgage may be made only upon farmland and rangeland in this state, and only to persons or other legal entities who are actual residents of this state and who are actively engaged in the business of farming or ranching.

Mortgages acquired by the state under the provisions of this chapter may be foreclosed either by action or advertisement in the manner provided by the laws of this state. An action to foreclose a mortgage must be brought and prosecuted in the name of the state.

When a mortgage acquired under the provisions of this chapter has been foreclosed, the mortgagor or a redemptioner may redeem the property from the purchaser within one year after the sale, in the following manner: 1. By paying the purchaser the amount of that person's purchase w…

When a mortgage held by the state as security for the investment of permanent school funds of the state is in default and the foreclosure thereof is deemed advisable, the Bank of North Dakota, acting on behalf of the board of university and school lands, may accept from the owner…

There is appropriated annually the amounts necessary to pay costs related to investments controlled by the board of university and school lands, including management, trustee, consulting, custodial, and performance measurement fees; expenses associated with money manager searches…

The board of university and school lands shall allow any county, city, park district, township, or school district to redeem, at any time after two years from the date of issue, at par with accrued interest, any bonds issued by it which the state has purchased and holds as an inv…

The commissioner of university and school lands shall keep a complete record of all investments of the board.

All lands granted by the United States to this state for the establishment and support of common schools and of educational, penal, or charitable institutions may be leased for pasturage and meadow purposes at public auction after notice as provided by this chapter. The lease may…

The board of county appraisers shall appraise such lands of this state in its county as the board of university and school lands may direct. On or before the first day of July of the year in which the appraisals are made, the board of appraisers shall make a return of all such ap…

The board of university and school lands shall set the minimum rental for uncultivated and cultivated lands, which is subject to review and change when deemed necessary by said board.

Each year at such time as in its judgment is for the best interests of the state, the board of university and school lands shall advertise and offer for lease the lands to be leased. All lands to be leased or offered for lease within the respective counties must be advertised for…

The commissioner of university and school lands, or such other person appointed by the commissioner, shall conduct the leasing of the lands. The leasing must be at public auction, to the highest bidder, and must be held at the county seat. The auction must commence on the day and…

The highest bidder for any parcel of land shall deposit the amount of the bid for one year's rental at the auction. No bid may be accepted which is less than the minimum price fixed pursuant to the provisions of section 15-04-07.

If the board of university and school lands finds that the interests of the state will be subserved by the adjournment of the auction of lands for lease, it may adjourn the auction.

The board of university and school lands shall approve and confirm such leases as in its judgment should be made and shall certify to the commissioner a list of the approved leases by December thirty-first. The commissioner shall execute contracts of lease in the form prescribed …

Whenever the board of university and school lands includes a provision in a lease authorizing public access to leased lands, the lessee is not liable to any person injured on the land except for gross negligence or malicious acts.

If any of the lands in any county remain unleased after the date advertised for the leasing, the board of university and school lands may make contracts of lease for the lands with the first applicant therefor at not less than the minimum price fixed by the board as provided in t…

The lessee of any land leased under the provisions of this chapter, or the lessee's heirs, executors, administrators, or assigns shall pay to the state commissioner of university and school lands at the commissioner's office in Bismarck, North Dakota, or to the commissioner's dul…

No lessee of land leased under the provisions of this chapter, or the lessee's heirs or assigns, may break, plow, or cultivate any unbroken land on any tract leased, nor cause nor permit it to be done by any other person. Any person who violates the provisions of this section for…

When in its judgment the best interests of the state will be served, the board of university and school lands may sell the right to cut grass or standing timber or both on any of the lands mentioned in this chapter and may sell any down and dead timber on the lands for such price…

When any person holds or continues in possession of any of the land mentioned in this chapter, contrary to the conditions or covenants of any lease or written agreement, the person is liable in an action for the recovery of possession of the lands, and damages for detention of th…

Any person who, at any leasing auction held pursuant to section 15-04-10, makes a successful bid and then willfully fails or refuses to make the deposit on the day of the sale as required by section 15-04-11 is guilty of a class B misdemeanor.

On or before March first of each year, the board of university and school lands shall pay a fee to the board of county commissioners of each county in which the state retains original grant lands if that county has requested payment under this section and included certification o…