North Dakota Code 54-40.5-03 – Transfer of powers or functions to the county
A political subdivision may enter into an agreement for the transfer of the legal, administrative, and financial responsibilities for carrying out a power or function of the political subdivision as required or permitted by law or home rule charter. The agreement must include:
Terms Used In North Dakota Code 54-40.5-03
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Rule: includes regulation. See North Dakota Code 1-01-49
1. The nature of the power or function to be transferred; 2. The effective date of the proposed transfer; 3. The responsibility for administration of the power or function to be transferred; 4. The manner in which affected employees currently engaged in the performance of the power or function will be transferred, reassigned, or otherwise treated; 5. The manner in which real property, facilities, equipment, or other personal property required in the exercise of the power or function are to be transferred, sold, or otherwise disposed of; 6. The method of financing, establishing, and maintaining a budget for the power or function; and
7. Other legal, financial, and administrative arrangements necessary to affect the transfer in an orderly and equitable manner.