State surplus property - Department heads to inform director - Disposition of property - Proceeds - Exchange of property
N.D. Cent. Code § 54-44-04.6
in effect54-44-04.6. State surplus property - Department heads to inform director - Disposition
of property - Proceeds - Exchange of property.
1. The person in charge of any department, agency, or institution of the state shall inform
the director of the office of management and budget or the director's designee
whenever that department, agency, or institution possesses property surplus to its
needs, whether originally obtained with state or other funds.
2. Political subdivisions may provide their surplus property to the office of management
and budget for disposition according to subsections 3, 4, and 5.
3. Surplus property must be transferred at fair market value to state agencies, political
subdivisions, and nonprofit organizations eligible to receive federal surplus property
under the Federal Property Administrative Services Act of 1949, as amended. Eligible
organizations must be notified of the availability of property on a regular basis.
4. If not disposed of under subsection 3, then by sale on sealed bids or at public auction
to the highest and best bidder for property valued at more than three thousand dollars,
with no money deposit required prior to sale, or by sealed bids, public auction, or
negotiation at fair value for property valued at less than three thousand dollars. The
office of management and budget may establish a program for the recycling and
disposal of surplus property determined to be unsalable and may assess and collect
service charges from the department, agency, institution, or political subdivision from
which the property was received to cover direct and reasonable costs of this service.
5. All proceeds received from the transfer, sale, recycling, or disposal of surplus property
must be deposited with the state treasurer for deposit in the surplus property operating
fund. For each piece of property sold for less than three thousand dollars, all proceeds
must be retained in the surplus property operating fund unless the office of
management and budget determines the sale proceeds are subject to special
requirements for distribution. For each piece of property sold for three thousand dollars
or more, the office of management and budget shall transfer to the agency from which
the property was received an amount equal to the proceeds of the sale less the
administrative expenses of the sale. The agency shall deposit the proceeds into the
fund from which the property was originally purchased. At the end of each biennium,
the office of management and budget shall transfer all funds in the surplus property
operating fund that exceed the amount needed for operating the surplus property
function for one year to the general fund.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t54c44.pdf#nameddest=54-44-04p6Fetched: 10/16/2026