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<blockquote data-quote="gst" data-source="post: 123668" data-attributes="member: 373"><p>I have no idea what DAPL will or will not do with this land, but the avenue exists for them to retain ownership if they follow the guidelines set forth by the state. </p><p></p><p>Just as non profits such as DU could own land if they would agree to abide by state law. If they had been issued a certificate of authority to do business in this state before January 1, 1985, or, beforeJanuary 1, 1987. </p><p></p><p>10-06.1-10. Acquisition of certain farmland or ranchland by certain nonprofitorganizations.A nonprofit organization may acquire farmland or ranchland only in accordance with thefollowing:1. Unless it is permitted to own farmland or ranchland under section 10-06.1-09, thenonprofit organization must have been either incorporated in this state or issued acertificate of authority to do business in this state before January 1, 1985, or, beforeJanuary 1, 1987, have been incorporated in this state if the nonprofit organization wascreated or authorized under Public Law No. 99-294 [100 Stat. 418]. A nonprofitorganization created or authorized under Public Law No. 99-294 [100 Stat. 418] mayacquire no more than twelve thousand acres [4856.228 hectares] of land from interestderived from state, federal, and private sources held in its trust fund.2. The land may be acquired only for the purpose of conserving natural areas andhabitats for biota, and, after acquisition:a. The land must be maintained and managed for the purpose of conserving naturalarea and habitat for biota.b. Any agricultural use of the land is in accordance with the management of the landfor conservation and agricultural use, and is by a sole proprietorship orpartnership, or a corporation or limited liability company allowed to engage infarming or ranching under section 10-06.1-12.c. If any parcel of the land is open to hunting, it must be open to hunting by thegeneral public.d. The nonprofit organization must fully comply with all state laws relating to thecontrol of noxious and other weeds and insects.e. The nonprofit organization must make payments in lieu of property taxes on theproperty, calculated in the same manner as if the property was subject to fullassessment and levy of property taxes.f. All property subject to valuation must be assessed for the purpose of making thepayments under subdivision e in the same manner as other real property in thisstate is assessed for tax purposes. Before June thirtieth of each year, the countyauditor of any county in which property subject to valuation is located shall givewritten notice to the nonprofit organization and the tax commissioner of the valueplaced by the county board of equalization upon each parcel of property subjectto valuation in the county.3. Before farmland or ranchland may be purchased by a nonprofit organization for thepurpose of conserving natural areas and habitats for biota, the governor must approvethe proposed acquisition. A nonprofit organization that desires to purchase farmland orranchland for the purpose of conserving natural areas and habitats for biota shall firstsubmit a proposed acquisition plan to the agriculture commissioner who shall convenean advisory committee consisting of the director of the parks and recreationdepartment, the agriculture commissioner, the state forester, the director of the gameand fish department, the president of the North Dakota farmers union, the president ofthe North Dakota farm bureau, the president of the North Dakota stockmen'sassociation, and the chairman of the county commission of any county affected by theacquisition, or their designees. The advisory committee shall hold a public hearing with the board of county commissioners concerning the proposed acquisition plan and shallmake recommendations to the governor within forty-five days after receipt of theproposed acquisition plan. The governor shall approve or disapprove any proposedacquisition plan, or any part thereof, within thirty days after receipt of therecommendations from the advisory committee.4. Land acquired in accordance with this section may not be conveyed to the UnitedStates or any agency or instrumentality of the United States.5. On failure to qualify to continue ownership under subsection 2, the land must bedisposed of within five years of that failure to qualify.</p></blockquote><p></p>
[QUOTE="gst, post: 123668, member: 373"] I have no idea what DAPL will or will not do with this land, but the avenue exists for them to retain ownership if they follow the guidelines set forth by the state. Just as non profits such as DU could own land if they would agree to abide by state law. If they had been issued a certificate of authority to do business in this state before January 1, 1985, or, beforeJanuary 1, 1987. 10-06.1-10. Acquisition of certain farmland or ranchland by certain nonprofitorganizations.A nonprofit organization may acquire farmland or ranchland only in accordance with thefollowing:1. Unless it is permitted to own farmland or ranchland under section 10-06.1-09, thenonprofit organization must have been either incorporated in this state or issued acertificate of authority to do business in this state before January 1, 1985, or, beforeJanuary 1, 1987, have been incorporated in this state if the nonprofit organization wascreated or authorized under Public Law No. 99-294 [100 Stat. 418]. A nonprofitorganization created or authorized under Public Law No. 99-294 [100 Stat. 418] mayacquire no more than twelve thousand acres [4856.228 hectares] of land from interestderived from state, federal, and private sources held in its trust fund.2. The land may be acquired only for the purpose of conserving natural areas andhabitats for biota, and, after acquisition:a. The land must be maintained and managed for the purpose of conserving naturalarea and habitat for biota.b. Any agricultural use of the land is in accordance with the management of the landfor conservation and agricultural use, and is by a sole proprietorship orpartnership, or a corporation or limited liability company allowed to engage infarming or ranching under section 10-06.1-12.c. If any parcel of the land is open to hunting, it must be open to hunting by thegeneral public.d. The nonprofit organization must fully comply with all state laws relating to thecontrol of noxious and other weeds and insects.e. The nonprofit organization must make payments in lieu of property taxes on theproperty, calculated in the same manner as if the property was subject to fullassessment and levy of property taxes.f. All property subject to valuation must be assessed for the purpose of making thepayments under subdivision e in the same manner as other real property in thisstate is assessed for tax purposes. Before June thirtieth of each year, the countyauditor of any county in which property subject to valuation is located shall givewritten notice to the nonprofit organization and the tax commissioner of the valueplaced by the county board of equalization upon each parcel of property subjectto valuation in the county.3. Before farmland or ranchland may be purchased by a nonprofit organization for thepurpose of conserving natural areas and habitats for biota, the governor must approvethe proposed acquisition. A nonprofit organization that desires to purchase farmland orranchland for the purpose of conserving natural areas and habitats for biota shall firstsubmit a proposed acquisition plan to the agriculture commissioner who shall convenean advisory committee consisting of the director of the parks and recreationdepartment, the agriculture commissioner, the state forester, the director of the gameand fish department, the president of the North Dakota farmers union, the president ofthe North Dakota farm bureau, the president of the North Dakota stockmen'sassociation, and the chairman of the county commission of any county affected by theacquisition, or their designees. The advisory committee shall hold a public hearing with the board of county commissioners concerning the proposed acquisition plan and shallmake recommendations to the governor within forty-five days after receipt of theproposed acquisition plan. The governor shall approve or disapprove any proposedacquisition plan, or any part thereof, within thirty days after receipt of therecommendations from the advisory committee.4. Land acquired in accordance with this section may not be conveyed to the UnitedStates or any agency or instrumentality of the United States.5. On failure to qualify to continue ownership under subsection 2, the land must bedisposed of within five years of that failure to qualify. [/QUOTE]
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