Cost recovery
N.D. Cent. Code § 48-02.1-10
in effect48-02.1-10. Cost recovery
Development agreements entered into under this chapter may authorize private operators
of fee-based facilities to impose a fee-based charge for the use of the facility and must require
that the fee revenues be applied:
1. To repayment of indebtedness incurred for the fee-based facility;
2. To lease or fee-based concessions payments, if any;
3. To costs associated with the operation, administration, and maintenance of the facility;
and
4. To reasonable reserves for future capital outlays, if any.
Residual fee revenues belong to the private operator, except for any royalties that may be
payable to a public authority under the development agreement or a related fee-based
concession agreement. After the expiration of any lease for a build, transfer, and operate facility,
or after title has reverted for a build, operate, and transfer facility, the public authority may
continue to charge a fee for the use of the facility.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t48c02-1.pdf#nameddest=48-02p1-10Fetched: 10/16/2026