N.D. Cent. Code § 1-08-10

Current through 2023 Legislative Sessions
Section 1-08-10 - Acceptance by North Dakota of cession of property by Minnesota

Whereas, due to flood control work upon the Red River of the North, an avulsion has occurred leaving two parcels of land described as:

Those portions of government lot two in the northeast quarter, section twenty-nine, township one hundred forty north, range forty-eight west and the northeast quarter, section seven, township one hundred thirty-nine north, range forty-eight west of the fifth principal meridian, county of Clay, state of Minnesota, bounded by the thread of the Red River of the North as it existed prior to January 1, 1959, and the new thread of the Red River of the North as established by the United States army corps of engineers under Project CIVENG- 21-018-59-22, containing respectively nine and seventy-eight hundredths and twelve and seventy-six hundredths acres [3.95 and 5.16 hectares] more or less, detached from the state of Minnesota and attached to the state of North Dakota. The state of North Dakota, upon passage by the legislature of the state of Minnesota of the necessary enabling legislation, does hereby accept jurisdiction over the above-described property, which property shall thereafter be a part of the state of North Dakota and title thereof shall be vested in the city of Fargo, North Dakota.

Nothing contained in the provisions of this section shall be construed in such manner as to prejudice the title, right, or claim of any person to any of the lands herein involved. The recorder of Cass County, North Dakota, shall accept and record, without charge therefor, patents, deeds, or other evidences of ownership or interest in any lands recorded in Clay County, Minnesota, which were previously a part of the state of Minnesota but are now within the boundaries of the state of North Dakota. Recordings made under the provisions of this section have retroactive effect to the date of their original recording in the state of Minnesota.

The act of the legislature of the state of Minnesota referred to in this section, together with this section, shall constitute the agreement between the states of Minnesota and North Dakota. The Congress of the United States, upon passage of such acts by the respective legislatures of the states of Minnesota and North Dakota, is petitioned, pursuant to article 1, section 10, clause 3 of the Constitution of the United States, to give its consent to this agreement and to amend the enabling acts of such states accordingly. The secretary of state of North Dakota shall transmit duly certified copies of this act to the presiding officers of the senate and house of representatives of the United States and to the several senators and representatives of the states of Minnesota and North Dakota in the Congress of the United States, who are petitioned to take such action as they deem proper to procure the consent of the Congress of the United States to this agreement between the states of Minnesota and North Dakota. This agreement shall become effective when it has been ratified and approved by the legislatures of the states of Minnesota and North Dakota and approved by the Congress of the United States.

N.D.C.C. § 1-08-10