50-17 Public Works - Contracts With Federal Government - North Dakota Statutes

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CHAPTER 50-17PUBLIC WORKS - CONTRACTS WITH FEDERAL GOVERNMENT50-17-01. Governor authorized to enter into agreements with president of UnitedStates for unemployment relief purposes. The governor, in the name and on behalf of the
state of North Dakota, may enter into such contracts or agreements with the president of the
United States as the president may deem necessary or advisable in carrying out the provisions of
the act of the Congress of the United States entitled "An Act for the relief of unemployment
through the performance of useful public work, and for other purposes", approved March 31,
1933, and any other act of Congress amendatory thereof or supplementary thereto.50-17-02.State accepts provisions of agreement - Conditions. The contracts oragreements made by the governor under the provisions of section 50-17-01 may include the
conditions and provisions set forth in the following sections and such other conditions or
provisions as the governor may deem necessary or advisable to enable this state to secure the
benefits to which it may be entitled under any act of the Congress of the United States providing
for the relief of unemployment. The state of North Dakota accepts, assents to, and promises to
perform such contracts or agreements.50-17-03. State derives profit - Proceeds divided with federal government. If, as aresult of any conservation work projects on state, county, or municipally owned land, the state
derives a direct profit from the sale of any such land or the products thereof, the proceeds must
be divided equally between this state and the federal government until the federal government
has been repaid the amount of its investment in such work, computed at the rate of one dollar
per man per day, with a maximum limitation of three dollars per acre [.40 hectare] of land
purchased.50-17-04. When work may be done on privately owned land. No work is to be doneon privately owned land under the provisions of this chapter except as may be necessary in the
public interest for regional or statewide forest protection against fire, insects, and disease or
simple flood control measures to arrest gully erosion and flash runoffs at the headwaters of
streams.50-17-05. Work done on private land - Contract with landowner. When, under theprovisions of this chapter, the public interest requires work to be done on privately owned land as
provided in section 50-17-04, the state shall assume responsibility for the reasonable protection
of work done by the landowner or otherwise and shall agree that if a contract with the landowner
is obtained, such contract shall provide that this state reserves the right to remove, at its option
and without recompense to the landowner, any structure or other thing of removable value
resulting from the work done, including products of trees planted to arrest erosion.50-17-06. Work done on private land - Duty of landowner. A landowner, under acontract provided for in section 50-17-05, may be required to protect soil-saving dams and other
works and to practice specified cultural methods for the prevention of soil erosion.If thelandowner fails to meet these requirements, the conservation commission may cause to be
constructed such terraces and other works as will repair the damage done through the
landowner's noncompliance with the contract. The cost of such construction must be collected,
paid, and accounted for as a special state charge against the land specified as the basis of the
original contract and must be paid into the conservation fund and used as a revolving
appropriation to carry out the provisions of this section.50-17-07. Contract with private landowner - Notice to mortgagee and lienholder.Whenever any contract is entered into by this state or the United States or any agency thereof,
with a private landowner, as is provided for in section 50-17-05, the following must be deemed
constructive notice of such agreement to any mortgagee of or lienholder upon the lands
conveyed thereby:Page No. 11.Recording of such contract in the office of the recorder of the county in which the
land involved is situated;2.Posting of a copy of the contract in the office of the county auditor of the county in
which the land involved is situated; and3.Mailing a copy of such contract by registered or certified mail to any mortgagee or
lienholder of record at that person's address as shown by the record, or, if not so
shown, to that person's last-known post-office address. Such copy must be mailed
by the recorder of the county where the land is situated within five days after the
recording of the instrument.50-17-08. Notice - Mailing - Notation by recorder prima facie evidence. At the timeof the mailing of the notices of a contract executed under the provisions of section 50-17-07, the
recorder shall make a marginal notation giving the name and address of each addressee to
whom the same was sent and the date of mailing. Such notation must be prima facie evidence
in all courts that the copies were sent by registered or certified mail in accordance with such
notation.50-17-09.Contract for work on private land - Mortgagee must object.If amortgagee or lienholder of lands which are covered by a contract executed under the provisions
of section 50-17-07 fails to object to such contract by serving a written notice of such objection
upon the conservation commission within four weeks after the recorder has mailed the copy of
the contract to the mortgagee or lienholder, the mortgagee or lienholder must be deemed
conclusively to have assented to such agreement.Page No. 2Document Outlinechapter 50-17 public works - contracts with federal government