N.D. Admin. Code § 69-05.3-01-10
69-05.3-01-10. Land acquisition - Limitations.
The commission shall acquire only such interests in land under North Dakota Century Code section 38-14.2-10 as are necessary for the reclamation work planned or the postreclamation use of the land. Interests in improvements on the land, mineral rights, or associated water rights may be acquired if:
1. Such interests are necessary to the reclamation work planned or the postreclamation use of the land; and
2. Adequate written assurances cannot be obtained from the owner of the severed interest that future use of the severed interest will not be in conflict with the reclamation to be accomplished.
History: Effective January 1, 1980. General Authority: NDCC 38-14.2-03 Law Implemented: NDCC 38-14.2-10