54-17.2-03. Powers
Except as otherwise limited by this chapter, the commission may:
1. Enter into agreements, including financing agreements, with respect to its projects,
operation, properties, and facilities, subject to agreements with holders of evidences of
indebtedness.
2. Sue and be sued.
3. Make and enter into all contracts and all agreements necessary or incidental to the
performance of its duties and the exercise of its powers.
4. Acquire, own, hold, assign, exchange, lease, mortgage, or pledge or grant security
interests in a project or projects in the exercise of its powers and the performance of
its duties.
5. Acquire, construct, reconstruct, rehabilitate, improve, alter, or repair, or provide for the
acquisition, construction, reconstruction, improvement, alteration, or repair of any
project and let, award, and enter into construction contracts, purchase orders, and
other contracts with respect thereto in the manner determined by the commission.
6. Sell, lease, assign, transfer, convey, exchange, mortgage, or otherwise dispose of or
encumber any project or other property no longer necessary to carry out the public
purposes of the commission and, in the case of the sale of any project or property, to
accept a purchase money mortgage in connection therewith; and to lease, repurchase,
or otherwise acquire and hold any project or property which the commission has sold,
let, or otherwise conveyed, transferred, or disposed of.
7. Grant options to purchase any project or to renew any financing agreement entered
into by it in connection with any of its projects, on terms and conditions it deems
advisable.
8. Acquire by purchase, lease, or otherwise, on terms and conditions and in a manner as
it determines to be proper, or, subject to chapter 32-15, by the exercise of the power of
eminent domain, except with respect to lands owned by the state or any public lands,
any land and other property or equipment, which it may determine is reasonably
necessary for any project.
9. Sell, lease, rent, sublease, or otherwise dispose of, to any person, firm, corporation, or
limited liability company, any surplus space in any project over and above that sold,
leased, rented, subleased, or otherwise disposed of to the state and establish and
revise the purchase price, rents, or charges for the surplus space.
10. Manage or operate any project or real or personal property or equipment related to a
project whether owned or leased by the commission or any state agency, and enter
into agreements with any state agency, any political subdivision, any local
governmental agency, or with any person, firm, association, partnership, corporation,
or limited liability company, either public or private, for the management of a project or
related property.
11. Consent to any modification, amendment, or revision of any contract, lease, or
agreement to which the commission is a party, subject to the provisions of any contract
with holders of evidences of indebtedness.
12. Issue its evidences of indebtedness and to secure the same and provide for the rights
of the holders thereof as provided in this chapter.
13. Invest moneys of the commission not required for immediate use, including proceeds
from the sale of any evidences of indebtedness in securities and other investments
including evidences of indebtedness as the commission determines to be prudent,
subject to any agreement with holders of evidences of indebtedness.
14. Procure insurance against any loss in connection with its property and other assets
and operations in such amounts and from such insurers as it deems desirable.
15. Purchase evidences of indebtedness issued by the commission out of any funds or
money not pledged to or necessary for some other purpose and hold, cancel, or resell
such evidences of indebtedness, subject to any agreement with holders of evidences
of indebtedness.
16. Notwithstanding any other provision of law, issue evidences of indebtedness to
implement the state facility energy improvement program under section 54-44.5-08.
