The title to the real property comprising the International Peace Garden is hereby accepted by the state of North Dakota in trust and upon the following express conditions and trusts:

Terms Used In North Dakota Code 55-05-02

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. 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
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    That the title to said real property must be in the state of North Dakota, in trust for, and for the use and benefit of, the International Peace Garden.

2.    That said described real property must be used and maintained as an International Peace Garden as a memorial to commemorate the long existing relationship of peace and good will between the people and the governments of the United States of America and the Dominion of Canada.

3.    That if the said described land at any time ceases to be used and maintained as an International Peace Garden, it then must revert unconditionally to the state of North Dakota and upon such reversion becomes the absolute and unconditioned property of the state of North Dakota, and becomes subject to the laws of the state and of the United States to the same extent as if it never had been acquired nor conveyed for International Peace Garden purposes.

4.    That the control, custody, possession, supervision, management, and operation of said land as an International Peace Garden is vested in the board of directors of the International Peace Garden, Inc., a New York corporation, but such custody, control, possession, supervision, management, and operation at all times must be for the maintenance and operation of an International Peace Garden in accordance with the original plans and purposes for the establishment of an International Peace Garden upon the international boundary line between the United States of America and the Dominion of Canada.

5.    That the International Peace Garden is hereby recognized as an international peace park located partly within the state of North Dakota, and partly within the Province of Manitoba, Dominion of Canada, and that the International Peace Garden, Inc., a corporation organized and existing under and by virtue of the laws of the state of New York, and whose articles of incorporation have been filed in the state of North Dakota, is hereby recognized as the sponsoring organization responsible for the creation, designation, and location of such park, and said corporation is hereby vested with the authority to control, operate, supervise, and maintain said International Peace Garden, in accordance with the terms of this chapter.

6.    That the state of North Dakota in no manner is responsible for the maintenance or operation of said lands as an International Peace Garden.

7.    That the parks and recreation department, as trustee for the state of North Dakota, has general supervision of the lands herein described and comprising that part of the International Peace Garden located within the state of North Dakota, and the United States of America, for the purpose of seeing that the terms of this chapter, and the trust imposed by this chapter, are complied with by the International Peace Garden, Inc., and for the purpose of cooperating with that corporation in the promulgation, promotion, and development of the International Peace Garden, in accordance with the original plans and purposes for the establishment of an International Peace Garden upon the international boundary line between the United States and Canada for the purpose of furthering international peace among the nations of the world.

8.    That the terms and conditions of the trust imposed by this chapter can be repealed, amended, or changed only by the legislative assembly, with the consent of the board of directors of the said International Peace Garden, Inc.

9.    That the terms and conditions of the trust created by this chapter exist so long as the International Peace Garden is in existence.

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