69-05.3-01-13. Management of acquired lands.

1. Land acquired by the commission under North Dakota Century Code section 38-14.2-10 may be used pending disposition for any lawful purpose that is not inconsistent with the reclamation activities and postreclamation uses for which it was acquired.

2. Any user of land acquired under this chapter shall be charged a use fee. The fee shall be determined on the basis of the fair market value of the benefits granted to the user, charges

for comparable uses within the surrounding area, or the costs to the commission for providing the benefit, whichever is appropriate. The commission may waive the fee if it is found in writing that such a waiver is in the public interest.

3. All use fees shall be deposited in the state abandoned mine reclamation fund, after expenditures for maintenance have been deducted.

History: Effective January 1, 1980.

General Authority: NDCC 38-14.2-03

Law Implemented: NDCC 38-14.2-04, 38-14.2-10