N.D. Admin. Code 85-04-06-05

Current through Supplement No. 394, October, 2024

Section 85-04-06-05 - Comments and notice

1. Upon receipt of an application for land exchange and a determination by the board that the application covers a tract the board is willing to exchange, the department shall post on the department's website a notice of the application for land exchange, any supporting documentation, and instructions for submitting public comments. The department also shall publish notice of an application for land exchange in the official newspaper of the county where the proposed exchange land and proposed trust lands to be exchanged are located and in the Bismarck Tribune. Notice must be published once each week for three consecutive weeks prior to the deadline for comments. The notice must contain the legal description of the proposed exchange land and proposed trust lands to be exchanged and the deadline for comments. If publication of any notice is omitted inadvertently by any newspaper or the notice contains typographical errors, the department may proceed with the scheduled comment period if it appears the omission or error is not prejudicial to the department's interest.

2. All comments must be in writing and contain the following:

a. Name and address of the interested person;

b. Applicant's name and address;

c. The legal description of the proposed exchange land and proposed trust lands to be exchanged as shown on the published notice; and

d. A detailed statement as to whether the interested person supports or opposes the proposed land exchange.

3. The department shall give notice of the proposed exchange to any entity having a property interest in any portion of trust lands involved in the exchange as reflected in the records of the department and if the land is leased, the commissioner shall notify the lessee of the intent to exchange the property during the months of October through January.

N.D. Admin Code 85-04-06-05

Adopted by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.

General Authority: N.D. Constitution article IX, § 6; NDCC 28-32-02

Law Implemented: NDCC 15-06-19.1