The emergency commission may approve the acquisition of property near one of the state institutions of higher education, and if requested and found necessary may make funds available from the state contingencies appropriation to the board of higher education for the purpose of acquiring the property if the emergency commission finds that:

Terms Used In North Dakota Code 54-16-12

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • 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

1.    The property is needed for expansion in the foreseeable future; 2.    The property in all probability will not again be offered for sale at a similar price in the foreseeable future; and

3.    The legislative assembly has not previously rejected a similar request and the time during which the purchase must be consummated does not permit obtaining a legislative appropriation.

Determination that an emergency exists is not a condition precedent to the approval of a purchase or a grant of funds from the state contingencies appropriation under this section.