N.D. Cent. Code § 55-05-02

Current through the 2023 Legislative Sessions
Section 55-05-02 - Title to lands comprising International Peace Garden accepted in trust - Terms

The title to the real property comprising the International Peace Garden is hereby accepted by the state of North Dakota in trust and upon the following express conditions and trusts:

1. That the title to said real property must be in the state of North Dakota, in trust for, and for the use and benefit of, the International Peace Garden.
2. That said described real property must be used and maintained as an International Peace Garden as a memorial to commemorate the long existing relationship of peace and good will between the people and the governments of the United States of America and the Dominion of Canada.
3. That if the said described land at any time ceases to be used and maintained as an International Peace Garden, it then must revert unconditionally to the state of North Dakota and upon such reversion becomes the absolute and unconditioned property of the state of North Dakota, and becomes subject to the laws of the state and of the United States to the same extent as if it never had been acquired nor conveyed for International Peace Garden purposes.
4. That the control, custody, possession, supervision, management, and operation of said land as an International Peace Garden is vested in the board of directors of the International Peace Garden, Inc., a New York corporation, but such custody, control, possession, supervision, management, and operation at all times must be for the maintenance and operation of an International Peace Garden in accordance with the original plans and purposes for the establishment of an International Peace Garden upon the international boundary line between the United States of America and the Dominion of Canada.
5. That the International Peace Garden is hereby recognized as an international peace park located partly within the state of North Dakota, and partly within the Province of Manitoba, Dominion of Canada, and that the International Peace Garden, Inc., a corporation organized and existing under and by virtue of the laws of the state of New York, and whose articles of incorporation have been filed in the state of North Dakota, is hereby recognized as the sponsoring organization responsible for the creation, designation, and location of such park, and said corporation is hereby vested with the authority to control, operate, supervise, and maintain said International Peace Garden, in accordance with the terms of this chapter.
6. That the state of North Dakota in no manner is responsible for the maintenance or operation of said lands as an International Peace Garden.
7. That the parks and recreation department, as trustee for the state of North Dakota, has general supervision of the lands herein described and comprising that part of the International Peace Garden located within the state of North Dakota, and the United States of America, for the purpose of seeing that the terms of this chapter, and the trust imposed by this chapter, are complied with by the International Peace Garden, Inc., and for the purpose of cooperating with that corporation in the promulgation, promotion, and development of the International Peace Garden, in accordance with the original plans and purposes for the establishment of an International Peace Garden upon the international boundary line between the United States and Canada for the purpose of furthering international peace among the nations of the world.
8. That the terms and conditions of the trust imposed by this chapter can be repealed, amended, or changed only by the legislative assembly, with the consent of the board of directors of the said International Peace Garden, Inc.
9. That the terms and conditions of the trust created by this chapter exist so long as the International Peace Garden is in existence.

N.D.C.C. § 55-05-02