§ 43-23.1-11 — General powers and duties

North Dakota § 43-23.1-11

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-23.1: Subdivided Lands Disposition Act

Text

1. The commission has the authority to promulgate, to amend, and to repeal reasonable
rules and regulations for the administration and enforcement of this chapter. Such
rules and regulations must include, but not be limited to, provisions for advertising
standards to assure full and fair disclosure; provisions for escrow or trust agreements
or other means to assure that all improvements referred to in the application for
registration and advertising will be completed and that purchasers will receive the
interest in land for which they contracted; provisions for operating procedures; and
such other rules and regulations as are necessary or proper to accomplish the
purposes of this chapter.
2. All advertising material of any nature whatsoever prepared for use in connection with
the offer and disposition of any interests in subdivided lands registered under this
chapter must be submitted to and approved by the commission prior to its use.
3. As a condition precedent to the registration of any subdivided lands, the commission
shall require that the subdivider file an indemnity bond running to the state of North
Dakota for the use, benefit, and protection of any person and conditioned for the
faithful compliance by the subdivider, the subdivider's agents and employees with all of
the provisions of this chapter, and with all rules, regulations, and orders made
pursuant thereto and for the faithful performance and payment of all obligations of the
subdivider, the subdivider's agents and employees in connection with the registration.
The indemnity bond must be of such type and in such form as must be prescribed by
the commission and must be in such amount as the commission deems necessary to
protect purchasers when the volume of business of the subdivider and other relevant
factors are taken into consideration, but in no event less than twenty-five thousand
dollars. Any such bond must have as surety thereon a surety company authorized to
do business in this state.
4. Whenever it appears that a person has engaged or is about to engage in acts or
practices which constitute or will constitute a violation of the provisions of this chapter
or of a rule or regulation or order hereunder, the commission, with or without prior
administrative proceedings, may bring an action in any district court to enjoin the acts
or practices and to enforce compliance with this chapter or any rule or regulation or
order hereunder. Upon a proper showing, a permanent or temporary injunction or
restraining order must be granted without bond.
5. The commission may intervene in a suit involving subdivided lands. In any suit by or
against a subdivider involving subdivided lands, the subdivider promptly shall furnish
the commission notice of the suit and copies of all pleadings.
6. The commission may:
a. Accept registrations filed in other states or with the federal government;

b. Contract with similar agencies in this state or other jurisdictions to perform
investigative functions; and
c. Accept grants-in-aid from any source.
7. The commission shall cooperate with similar agencies in other jurisdictions to establish
uniform filing procedures and forms, uniform public offering statements, advertising
standards, rules and regulations, and common administrative practices.
8. The commission may exempt a subdivision of ten or fewer lots, parcels, units, or
interests from the provisions of this chapter if it determines that the plan of promotion
and disposition is primarily directed to persons in the local community in which the
subdivision is located.