15-02 Commissioner of University and School Lands
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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 take the
oath prescribed for civil officers.15-02-02. Term of office - Vacancy. The term of office of the commissioner is fouryears beginning July first of the year following the general election of the board members and
ending June thirtieth of the fourth calendar year after appointment or until a successor is
appointed and qualified. The commissioner may be removed for cause at any time during the
commissioner's term of office, by a vote of four or more board members. Upon vacancy by
death, resignation, or removal, the board shall appoint a commissioner for the remainder of the
four-year term.15-02-03. Commissioner - Salary. The salary of the commissioner of university andschool lands must be within the amount appropriated for salaries by the legislative assembly.15-02-04. Deputy commissioner - Appointment - Oath. The commissioner, with theconsent 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.15-02-05. Powers and duties in general. The commissioner, under such directions asmay 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 custody of all maps, books, and papers relating to any of the lands
mentioned in this title.4.Procure the books, maps, and plats required to keep a complete record of all such
lands, and keep true records of all the sales, leases, permits, patents, deeds, and
other conveyances of lands under the commissioner's supervision made by the state
showing the amount of money paid, the date of sale and of payment, the description
of lands sold or leased, the number of acres [hectares] thereof, the name of the
purchaser, and the designation of the fund to be credited therewith.5.Direct all appraisements, sales, and leases, and execute all contracts of sale,
leases, permits, and other evidences of disposal of lands, subject to approval by the
board.6.Certify the book and page number of all contracts, leases, or permits recorded by
the commissioner.15-02-05.1. Additional duties of commissioner. In all cases under section 54-01-05.5involving legislative bills dealing with the sale or exchange of state land, the commissioner of
university and school lands shall provide the legislative assembly with an opinion as to whether
the sale or exchange in question is consistent with the highest and best use of the land involved.
As an aid in making the determination, the commissioner shall classify all land owned by the
state or its instrumentalities according to its highest and best use.As used in this section,"highest and best use" means that use of a parcel of land which will most likely produce the
greatest benefit to the state and its inhabitants, and which will best meet the needs of the people.
In making this determination, the considerations of the commissioner shall include soils
capability, vegetation, wildlife use, mineral characteristics, public use, recreational use,Page No. 1commercial or industrial use, aesthetic values, cultural values, surrounding land use, nearness to
expanding urban areas, and any other resource, zoning, or planning information relevant to the
determination.15-02-05.2. Administrator of abandoned property - Employment. The commissionerof university and school lands shall employ an administrator of abandoned property and other
personnel as necessary for the proper administration of chapter 47-30.1 and shall set their
salaries, within limits of legislative appropriations. All public officers shall assist the administrator
in carrying out the administration of chapter 47-30.1.15-02-06. Recording of clear lists of original grant lands - Fees. The commissionerof 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 collected by the recorders for
recording such lists.15-02-07.Custody of abstracts and conveyances to state.All abstracts andconveyances 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.15-02-08. Commissioner to keep record of permanent funds - Biennial report. Thecommissioner 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 connected
with the management of such funds. All records and record books are open at all times for
inspection by the public. The commissioner may submit a biennial report to the governor and the
secretary of state in accordance with section 54-06-04. If submitted, the report must show all
investments of the several funds, the work done during the preceding fiscal biennium, the
number of acres of land sold or leased by the department, the amount received therefor, the
amount of proceeds received to the credit of the several funds, the expense of administration of
the department, and all other matters relating to the commissioner's office as are necessary to
disclose fully the operation of the department.15-02-09. Commissioner to have seal - Seal as evidence. The commissioner shallhave 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.15-02-10. Fees for lease, contracts, patents - Collection. Repealed by S.L. 1971,ch. 160,