§ 54-01.1-02 — Definitions

North Dakota § 54-01.1-02

• Jurisdiction: North Dakota
• Title 54: State Government
• Ch. 54-01.1: Relocation Assistance

Text

As used in this chapter:
1. "Business" means any lawful activity, excepting a farm operation, conducted primarily:
a. For the purchase, sale, lease, and rental of personal and real property and for the
manufacture, processing, or marketing of products, commodities, or any other
personal property;
b. For the sale of services to the public;
c. By a nonprofit organization; or
d. For the purposes of subsection 1 of section 54-01.1-03, for assisting in the
purchase, sale, resale, manufacture, processing, or marketing of products,
commodities, personal property, or services by the erection and maintenance of
an outdoor advertising display or displays, whether or not such display or displays
are located on the premises on which any of the above-mentioned activities are
conducted.
2. "Comparable replacement dwelling" means any dwelling that is:
a. Decent, safe, and sanitary;
b. Adequate in size to accommodate the occupants;
c. Within the financial means of the displaced person;
d. Functionally equivalent;
e. In the area not subject to reasonably adverse environmental conditions; and
f. In a location generally not less desirable than the location of the displaced
person's dwelling with respect to public utilities, facilities, services, and the
displaced person's place of employment.
3. "Displaced person", except as provided in subdivision c, means:
a. Any person who moves from real property or moves the person's personal
property from real property:
(1) As a direct result of a written notice of intent to acquire or the acquisition of
the real property in whole or in part for a program or project undertaken by a
displacing agency; or
(2) On which the person is a residential tenant or conducts a small business, a
farm operation, or a business defined in subdivision d of subsection 1, as a
direct result of rehabilitation, demolition, or other displacing activity the state
agency prescribes, under a program or project undertaken by a displacing
agency in any case in which the displacing agency determines that the
displacement is permanent.
b. Solely for the purposes of subsections 1 and 2 of section 54-01.1-03 and section
54-01.1-06, any person who moves from real property or moves the person's
personal property from real property:

(1) As a direct result of a written notice of intent to acquire or the acquisition of
other real property, in whole or in part, on which the person conducts a
business or farm operation, for a program or project undertaken by a
displacing agency; or
(2) As a direct result of rehabilitation, demolition, or other displacing activity the
state agency prescribes, of other real property on which the person
conducts a business or a farm operation, under a program or project
undertaken by a displacing agency when the displacing agency determines
that the displacement is permanent.
c. The term "displaced person" does not include:
(1) A person who has been determined, according to criteria established by the
state agency, to be either unlawfully occupying the displacement dwelling or
to have occupied the dwelling for the purpose of obtaining assistance under
this chapter; or
(2) In any case in which the displacing agency acquires property for a program
or project, any person, other than a person who was an occupant of such
property at the time it was acquired, who occupies the property on a rental
basis for a short term or a period subject to termination when the property is
needed for the program or project.
4. "Displacing agency" means the state, state agency, or person carrying out a federal or
state financially assisted program or project that causes a person to be a displaced
person.
5. "Farm operation" means any activity conducted solely or primarily for the production of
one or more agricultural products or commodities, including timber, for sale or home
use, and customarily producing such products or commodities in sufficient quantity to
be capable of contributing materially to the operator's support.
6. "Federally assisted" means receiving federal financial assistance in the form of a
grant, loan, or contribution, except any federal guarantee or insurance, or any interest
reduction payment to an individual in connection with the purchase and occupancy of
a residence by that individual.
7. "Mortgage" means such classes of liens as are commonly given to secure advances
on, or the unpaid purchase price of, real property, under the laws of the state in which
the real property is located, together with the credit instruments, if any, secured
thereby.
8. "Nonprofit organization" means a corporation organized under chapter 10-33 or an
organization defined in subsection 7, 8, 9, 10, or 11 of section 57-02-08.
9. "Person" means any individual, partnership, corporation, limited liability company, or
association.
10. "State agency" means any department, agency, or instrumentality of the state or of a
political subdivision of the state; any department, agency, or instrumentality of two or
more states; or two or more political subdivisions of the state or states; and any person
who has the authority to acquire property by eminent domain under state law.