North Dakota § 40-61-05 Conveyance of property by a city to an authority - Acquisition of property by a city or by an authority

North Dakota Statutes

§ 40-61-05 — Conveyance of property by a city to an authority - Acquisition of property by a city or by an authority

North Dakota § 40-61-05

Title 40Municipal Government

Ch. 40-61Municipal Parking Authority Act

This text of North Dakota § 40-61-05 (Conveyance of property by a city to an authority - Acquisition of property by a city or by an authority) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 40-61-05 (2026).

Text

by a city or by an authority.

1.A city may, by resolution or resolutions of the governing body or by instruments authorized by such resolutions, convey, with or without consideration, to an authority real and personal property owned by the city for use by an authority as a project or projects or a part thereof. In case of real property so conveyed, the title thereto shall remain in the city but the authority shall have the use and occupancy thereof for so long as its corporate existence shall continue. In the case of personal property so conveyed, the title shall pass to the authority.

2.A city may acquire in the name of the city by purchase or condemnation real property in the city for any of the projects.

3.Contracts may be entered into between a city and an authority providing for th

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by a city or by an authority.
1. A city may, by resolution or resolutions of the governing body or by instruments
authorized by such resolutions, convey, with or without consideration, to an authority
real and personal property owned by the city for use by an authority as a project or
projects or a part thereof. In case of real property so conveyed, the title thereto shall
remain in the city but the authority shall have the use and occupancy thereof for so
long as its corporate existence shall continue. In the case of personal property so
conveyed, the title shall pass to the authority.
2. A city may acquire in the name of the city by purchase or condemnation real property
in the city for any of the projects.
3. Contracts may be entered into between a city and an authority providing for the
property to be conveyed by a city to an authority, the additional property to be acquired
by a city and so conveyed, and the amounts, terms, and conditions of payment to be
made by an authority. Any such contracts between a city and an authority may be
pledged by the authority to secure its bonds and may not be modified thereafter except
as provided by the terms of the pledge. The governing body of a city may authorize
such contracts between a city and an authority and no other authorization on the part
of a city for such contracts shall be necessary.
4. An authority may itself acquire real property for a project in the name of the city at the
cost and expense of the authority by purchase or condemnation pursuant to chapter
32-15 and to the laws relating to the condemnation of land by cities. An authority shall
have the use and occupancy of such real property so long as its corporate existence
shall continue.
5. In case an authority shall have the use and occupancy of any real property which it
shall determine is no longer required for a project, then, if such real property was
acquired at the cost and expense of the city, the authority shall have power to
surrender its use and occupancy thereof to the city, or, if such real property was
acquired at the cost and expense of an authority, then the authority shall have power
to sell, lease, or otherwise dispose of said real property at public or private sale, and
shall retain and have the power to use the proceeds of sales, rentals, or other moneys
derived from the disposition thereof for its purposes.