It is the purpose of sections 11-28-01 through 11-28-11, among other things, to ensure to the people of the state that the bodies of water, parks, and recreational areas created by public agencies in whole or in part with public funds for the use and enjoyment of the public shall not be made the source of private gain through means inconsistent with the best social uses of the same, and to that end the above-named sections shall be liberally construed. The provisions of sections 11-28-01 through 11-28-11 relating to the manner in which these objectives are to be accomplished do not form an inducement for its enactment. The powers herein granted to the board over private lands shall extend only so far as not prohibited by the state or federal constitutions. Should any word, sentence, paragraph, or section hereof be held to be unconstitutional, or should the exercise of any of the powers herein granted be in any particular circumstances in violation of either the state or federal constitution, the remaining provisions would have been enacted even though such provisions had been eliminated, hence invalidity of any part of sections 11-28-01 through 11-28-11 shall not affect the remainder of these sections, but the same shall continue to be in full force and effect as to all other provisions and all other circumstances within the limits of the constitution.

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Terms Used In North Dakota Code 11-28-11

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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