Assignment and use by a third party.

85-04-01-03. Assignment and use by a third party. 1. A surface land lease or any part of the lease may not be assigned. The lessee may not allow the surface land leased premises or any part of the premises to be used in any manner by anyone other than the lessee without the written consent of the commissioner. A grazing permit issued by a grazing association to a member-permittee is authorized. 2. A lessee may request an assignment of a surface land lease from the department. The commissioner shall approve or deny an assignment based on the best interests of the trusts. The following assignments may be approved: a. An assignment without restriction to a close relative including the spouse, father, mother, son, daughter, brother, or sister for the same terms and conditions as the original surface land lease. b. An assignment to a third party with the surface land lease expiring at the end of the current surface land lease year. The rent payable by the assignee must be at a rate consistent with the current year's fair market value minimum rent or the current surface land lease price, whichever is greater. 3. A lessee may request to add one or more additional lessees to a surface land lease. All such additional lessees must be bound by the full terms and conditions of the surface land lease. 4. A lessee may request to remove one or more lessees from a surface land lease. The removal of any lessee must be approved in writing by all current lessees named on the lease. History: Effective January 1, 2020; amended effective April 1, 2026. General Authority: NDCC 15-01-02,15-07-20, 28-32-02 Law Implemented: NDCC 15-04-01, 15-07-20, 54-30-17.1