North Dakota Constitution Article XIII - Compact With The United States
North Dakota Constitution – Article XIII: Compact With The United States
Article XIII of the North Dakota Constitution is titled "Compact with the United States". It outlines the agreement or "compact" made between the State of North Dakota and the federal government when North Dakota was admitted to the Union in 1889. This compact ensures certain terms regarding land, education, taxes, and federal authority.
Summary of Key Provisions:
Public Lands for Schools and Institutions:
The United States granted sections of public land (typically Sections 16 and 36 in every township) to the state for the benefit of public schools. Additional lands were also given for support of other state institutions.
Use of Land Proceeds:
Lands granted to the state cannot be sold for less than their appraised value. The proceeds (either from sales or leasing) are to form permanent funds for education and public institutions, and only the interest from these funds may be expended.
Tax Exemption of Federal Lands:
Lands owned by the United States are exempt from state taxation, and similarly, lands sold by the United States to private parties are exempt from taxation for a period of five years following the sale.
Religious Freedom and Non-Discrimination in Schools:
The compact prohibits the use of state school funds for the benefit of any religious sect or denomination. It also guarantees religious freedom and ensures that public schools remain free from sectarian control or influence.
Irrevocability Without U.S. Consent:
The terms of this compact cannot be changed by North Dakota alone. Any changes require the consent of the United States, making it a binding agreement between the state and federal government.
Purpose and Importance:
Article XIII was included to satisfy conditions set forth in the Enabling Act of 1889, which governed the admission of North Dakota (and other states like South Dakota, Montana, and Washington) into the Union. Its main intent is to preserve federal land policies, protect educational resources, and ensure cooperation between the new state and the U.S. government.
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