North Dakota Constitution Article IX - Trust Lands
North Dakota Constitution – Article IX: Trust Lands – Summary
Article IX of the North Dakota Constitution governs Trust Lands, primarily focusing on lands granted by the federal government to the state for the benefit of public institutions (especially schools and universities). This article outlines how these lands and funds derived from them are to be managed, protected, and used.
🔹 Key Provisions of Article IX:
Section 1: Permanent Trust Funds
Establishes permanent trust funds for the support of public schools and other institutions.
Proceeds from the sale of public lands granted by the federal government must go into these permanent trust funds.
These funds are irrevocable and must be used for the purpose originally intended (e.g., supporting education).
Section 2: Land Management
The Board of University and School Lands manages these lands and the funds derived from them.
Management must ensure the maximum benefit to the beneficiaries (like public schools).
Lands can be leased or sold, but under conditions ensuring fair market value and public accountability.
Section 3: Use of Funds
Only the interest and income from the trust funds may be expended.
The principal must remain intact and inviolate to provide continuous support to schools and institutions.
Section 4: Reinvestment and Loans
Authorizes the reinvestment of proceeds from land sales and other revenues into secure and productive assets.
The state may make loans to political subdivisions from these funds under regulated terms.
Section 5: Restrictions
Trust lands cannot be gifted or sold except under constitutional procedures.
Prohibits unlawful diversion of trust lands or funds.
Section 6: Enabling Act Compliance
Confirms that the article complies with the federal Enabling Act of 1889, which granted the lands to the state upon admission to the Union.
🔹 Purpose and Principles
Preserve the value of trust lands and funds for future generations.
Ensure transparency, prudence, and public benefit in managing public assets.
Support North Dakota’s educational and institutional systems sustainably.
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