Contents of development agreements
N.D. Cent. Code § 48-02.1-04
in effect48-02.1-04. Contents of development agreements
A development agreement for a fee-based facility entered into pursuant to this chapter may
provide for private ownership of the facility without reversion of title; for operating the facility
under lease or management contract; for build, operate, and transfer facilities or build, transfer,
and operate facilities; or any other form of ownership or operation considered advisable by the
public authority. A development agreement may permit the private operator to:
1. Assemble funds from any available source, including federal, state, and local grants,
bond revenues, contributions, and pledges; and
2. Incorporate related improvements into the fee-based facility, subject to requirements of
state and federal law.
A development agreement may also include grants of title, easements, rights of way, and
leasehold estates that are necessary to the fee-based facility. In addition, a development
agreement may authorize the private operator to charge variable-rate fees based on time of day,
characteristics of services, or other factors and measurement methods considered significant by
the public authority for the particular facility.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t48c02-1.pdf#nameddest=48-02p1-04Fetched: 10/16/2026