Sale procedure.

85-04-09-02. Sale procedure. 1. The commissioner may accept an application to purchase land in accordance with North Dakota Century Code chapter 15-09. 2. An application must be submitted on a form prescribed by the department upon request. 3. The application must: a. Be completed and signed by authorized personnel; b. Include a nonrefundable application fee in an amount set by the board unless waived by the commissioner; and c. Meet the requirements of North Dakota Century Code section 15-09-01. 4. The department may request additional supporting documents for the application. 5. If the land is leased, the commissioner shall notify the lessee of the intent to sell the property. 6. If the commissioner determines to proceed with the sale, the department shall: a. Notify the lessee if the lands are leased. b. Obtain all appraisals from a certified appraiser for tracts to be sold. The commissioner may require additional appraisals be conducted by different certified appraisers. c. Obtain from the applicant a "metes and bounds" survey of the land to be purchased, including both a plat and written narrative of the survey. The narrative must include the distances and angles between points of intersection and points of entry and exit tied into the section corners, quarter section corners, or lot corners, and a breakdown of the acreage in the parcel for each separate quarter section or lot included in the purchase. 7. The commissioner shall present to the board the proposed land sale, including appraisals public comments and any other relevant information. Upon a determination by the board it is willing to sell: a. The board shall set a minimum acceptable sale price. b. The department shall: (1) Publish a notice of sale that includes a request for bidders. The notice of sale must include: (a) The legal description of the proposed trust land tract to be sold; (b) Instructions on how to register to bid; and (c) The deadline for bidders to register. (2) Notify the lessee of the intent to sell the property within the months of October through January if the land is leased. (3) Conduct a hearing according to North Dakota Century Code section 15-09-03. Any comments made at the hearing must be brought to the board, along with recommendations regarding the comments. 2 8. If the applicant desires to purchase the property at the price set by the board and pays full purchase price, the commissioner may complete the sale on the board's behalf. History: Effective January 1, 2021; amended effective April 1, 2026. General Authority: N.D. Constitution article IX, § 6; NDCC 15-01-02, 28-32-02 Law Implemented: NDCC 15-09