North Dakota Code § 24-01-28

Vacating highways by director - Sale of property
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The director may vacate any land or part thereof, or rights in land taken or acquired for 
highway purposes under the provisions of this title, by executing and recording a deed thereof, 
and the vacation revests the title to the land or rights in the persons, their heirs, successors, or 
assigns, in whom it was vested at the time of the taking. As oil, gas, and fluid minerals are not a 
part of and essential for highway purposes, all such rights heretofore taken, if any, are hereby 
vacated and returned to the person or persons in whom the title was vested at the time of 
taking, their heirs, administrators, executors, or assigns. Such reconveyance is subject to any 
existing contracts or agreements covering the property, and all rights and benefits thereof 
accrue to the grantee. The governor, on recommendation of the director, may sell and convey 
on behalf of the state the interests of the state in property acquired by purchase under this title 
and deemed no longer necessary for the purposes thereof, and the proceeds of the sale so far 
as practicable must be credited to the funds from which the purchase was made originally. With 
the consent of the persons, their heirs, successors, or assigns in whom the title or rights to the 
land were vested at the time of the purchase or acquisition, the director may vacate land 
acquired by purchase under this title which is deemed no longer necessary for highway 
purposes and which the director has determined that the cost of the sale exceeds the estimated 
value of the property, by executing and recording a deed thereof, and the vacation revests the 
title to the land or rights in those persons, their heirs, successors, or assigns.

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