North Dakota § 47-10.1-04 Enforcement

North Dakota Statutes

§ 47-10.1-04 — Enforcement

North Dakota § 47-10.1-04

Title 47Property

Ch. 47-10.1Agricultural Land Ownership by Aliens

This text of North Dakota § 47-10.1-04 (Enforcement) 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 § 47-10.1-04 (2026).

Text

If the attorney general has reason to believe that any person is violating section 47-10.1-02,
the attorney general shall commence an action in the district court in which any agricultural land
relative to the violation is situated, or if situated in two or more counties, in the district court for
that county in which a substantial part of the land is situated. The attorney general shall file for
record with the recorder in each county in which any portion of the land is located a notice of the
pendency of the action. If the court finds that the land in question is being held in violation of
section 47-10.1-02, it shall enter an order so declaring. The attorney general shall file for record
any such order with the recorder of each county in which any portion of the land is located.
Thereaf

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If the attorney general has reason to believe that any person is violating section 47-10.1-02,
the attorney general shall commence an action in the district court in which any agricultural land
relative to the violation is situated, or if situated in two or more counties, in the district court for
that county in which a substantial part of the land is situated. The attorney general shall file for
record with the recorder in each county in which any portion of the land is located a notice of the
pendency of the action. If the court finds that the land in question is being held in violation of
section 47-10.1-02, it shall enter an order so declaring. The attorney general shall file for record
any such order with the recorder of each county in which any portion of the land is located.
Thereafter, the person, partnership, limited partnership, limited liability company, trustee, or
other business entity owning the land has a period of one year from the date of the order to
divest itself of the lands. The one-year limitation period is deemed a covenant running with the
title to the land against any grantee or assignee. Any land not divested within the time
prescribed shall be sold at public sale in the manner prescribed by law for the foreclosure of a
real estate mortgage by action. In addition, any prospective or threatened violation may be
enjoined by an action brought by the attorney general in the manner provided by law. No title to
land shall be invalid or subject to forfeiture by reason of the alienage of any former owner or
person having a former interest therein.