(Effective through July 31, 2025) 1.    All property in this state has an owner, whether that owner is the United States or the state, and the property public, or the owner an individual, and the property private. The state also may hold property as a private proprietor.

Terms Used In North Dakota Code 47-01-09

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2.    Notwithstanding any other provision of law, the following governments or entities may not purchase or otherwise acquire title to real property in this state after July 31, 2023: a.    A foreign adversary.

b.    A foreign business entity with a principal executive office located in a country that is identified as a foreign adversary.

c.    A foreign business entity in which a foreign adversary owns:

(1) More than fifty percent of the total controlling interests or total ownership interests, as defined under section 10-19.1-01, in the foreign business entity, unless the foreign business entity was operating lawfully in the United States on August 1, 2023; or

(2) Fifty percent or less of the total controlling interests or total ownership interests, as defined under section 10-19.1-01, in the foreign business entity, if the foreign adversary directs the business operations and affairs of the foreign business entity without the requirement of consent of any nonforeign adversary, unless the foreign business entity was operating lawfully in the United States on August 1, 2023.

3.    When requested by a city council or commission, county commission, or title agent or company, the attorney general shall complete a civil review, to the extent allowable by law, relating to the qualifications of any foreign adversary business entity acquiring real property under subdivision c of subsection 2.

4.    This section does not apply to an entity possessing an interest in real property under subsection 2 if the entity:

a.    Is a duly registered business and has maintained a status of good standing with the secretary of state for seven years or longer before August 1, 2023; b.    Has been approved by the committee on foreign investment in the United States; and c.    Maintains an active national security agreement with the federal government.

5.    A foreign government or foreign business entity subject to and in violation of this section shall divest itself of all real property in this state within thirty-six months after August 1, 2023.

6.    If a foreign government or foreign business entity subject to this section fails to divest itself of all real property in this state within the period specified under subsection 4, the state’s attorney of the county in which the majority of the real property is situated may issue subpoenas to compel witnesses to appear to provide testimony or produce records.

7.    Upon receiving testimony and records, if the state’s attorney concludes a foreign government or foreign business entity, in violation of this section, has failed to divest ownership of real property as required under this section, the state’s attorney shall commence an action in the district court of the county in which the majority of the real property is situated. Once the action is commenced, the state’s attorney shall file a notice pursuant to section 28-05-07 with the recorder of each county where the real property subject to the action is situated. If the court finds divestment of real property under this section is proper, the district court shall enter an order consistent with its findings. As part of the order, the court shall cancel the notice pursuant to section 28-05-08.

8.    Pursuant to an order for divestment, a foreign government or foreign business entity subject to an order shall divest all real property within six months from the date of the final entry of judgment. A foreign government or foreign business entity that fails to comply with the court’s order is subject to a civil penalty not to exceed twenty-five thousand dollars.

    9.    Any real property not divested within the period prescribed by law may be sold at a public sale in the manner provided under chapter 32-19 through an action brought by the state’s attorney. A title to real property or encumbrance on the real property may not be deemed invalid by an order of divestiture under this section.

10.    A person that is not subject to this section may not be required to:

a.    Determine whether another person is subject to this section; or b.    Inquire if another person is subject to this section.

11.    For purposes of this section, “foreign adversary” means an individual or a government identified as a foreign adversary in 15 C.F.R. § 7.4(a) or a person identified on the office of foreign assets control sanctions list.

Public or private ownership – All property subject to. (Effective after July 31, 2025) All property in this state has an owner, whether that owner is the United States or the state, and the property public, or the owner an individual, and the property private. The state also may hold property as a private proprietor.

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