Title 11, Counties
52 chapters · 662 sections in this title.
N.D.C.C. § 11-03-01 Division of counties - Electors' petition - Election held
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Whenever it is desired to form a new county out of one or more of the then existing counties, a petition conforming to the provisions of this chapter shall be presented to the board of county commissioners of each county to be affected by the division. If it appears to such board…
N.D.C.C. § 11-03-02 Petition - Contents - Signers necessary
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The petition for the formation of a new county under this chapter shall: 1. Describe the territory proposed to be taken for the new county. 2. Set forth the name of the proposed new county. 3. Be signed by a majority of the qualified electors residing in the territory to be taken…
N.D.C.C. § 11-03-03 Notice of election - Canvass and return of votes cast
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Notice of the election shall be given and the votes polled at the election shall be canvassed and returned as in the case of general elections.
N.D.C.C. § 11-03-04 Ballot - Form
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The ballot to be used in an election under this chapter shall be in substantially the following form: Shall the county of _______________ (name county) be formed from territory in the county of ___________________, or the counties of ________________ (name the county or counties …
N.D.C.C. § 11-03-05 Affirmative vote necessary - Notice to secretary of state - Notice to governor
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If a majority of all the votes cast at the election in each of the counties affected is in favor of the formation of the new county, the county auditor of each of such counties shall certify the same to the secretary of state. Such certificate shall state the name, territorial co…
N.D.C.C. § 11-03-06 Governor to appoint county commissioners - When county deemed in existence
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The governor shall appoint three persons who reside in and who are qualified electors of such new county and who will accept and qualify as county commissioners for the new county. The commissioners so appointed shall hold office until the first general election thereafter and un…
N.D.C.C. § 11-03-07 Temporary county seat - How located
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The board of county commissioners appointed by the governor shall fix the temporary location of the county seat. The county seat shall remain at such location until after the first general election thereafter.
N.D.C.C. § 11-03-08 Board of county commissioners to appoint county officers - Exception
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The board of county commissioners appointed by the governor, after the members thereof have qualified, shall appoint all the county officers of the newly organized county. Such officers, after having qualified, hold their offices until the first general election thereafter and un…
N.D.C.C. § 11-03-09 Division of county into commissioners' districts - Terms of office of commissioners first elected
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The county commissioners appointed by the governor shall divide the county into three commissioners' districts, which districts shall be numbered from one to three. At the first general election after the organization of the county, three commissioners shall be elected, one from …
N.D.C.C. § 11-03-10 Records to be transcribed
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When a new county is organized, the board of county commissioners thereof shall cause to be transcribed, by copying or by photographing into the proper books, all the records, deeds, and other instruments relating to real estate, and all other records and instruments of every kin…
N.D.C.C. § 11-03-11 Indebtedness of new county to original county - How and when determined
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A county organized under this chapter shall assume and pay a just proportion of the indebtedness of the county from which it is segregated, based upon the last assessed valuation of the original county and in the proportion that the valuation within the segregated portion bears t…
N.D.C.C. § 11-03-12 Indebtedness of new county to original county to be paid in bonds
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The amount of indebtedness of a county organized under this chapter, as ascertained by the two boards of county commissioners, shall be paid to the county from which it segregates in the bonds of the new county.
N.D.C.C. § 11-03-13 Issuance of bonds - Classification - Exchange by original county
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The bonds of the new county shall be: 1. Dated as of the first day of the January or July from which the outstanding indebtedness of the original county is calculated as provided in section 11-03-11. 2. Issued for a period corresponding with the time or term on which the obligati…
N.D.C.C. § 11-03-14 County treasurer to keep bond register
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The county treasurer of a county issuing bonds under the provisions of this chapter shall provide a book to be called the "bond register" wherein the treasurer shall note, as to each such bond: 1. The number and denomination thereof. 2. The date of its issue. 3. When and where th…
N.D.C.C. § 11-03-15 Commissioners of new county to issue bonds in denominations required by original county - Exception - Delivery
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The board of county commissioners of a county organized under this chapter shall issue the liquidating bonds in such denominations, not to exceed one thousand dollars each, as may be required by the original county. It shall deliver the same to the county auditor of the original …
N.D.C.C. § 11-03-16 Tax levy by new county for payment of bonds
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The board of county commissioners of a county issuing bonds under the provisions of this chapter shall levy and cause to be collected for each year after the date of such bonds a tax sufficient to pay the interest thereon as it shall become due and also sufficient to establish si…
N.D.C.C. § 11-03-17 Tax collected for payment of bonds must be used for that purpose - Use of surplus
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The money collected for the payment of the interest or principal of the bonds issued under the provisions of this chapter shall not be used for any other purpose until the bonds are redeemed. Any surplus shall be placed in the county general fund.
N.D.C.C. § 11-03-18 Payment to new county when public funds of original county exceed its indebtedness
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A county in which the amount of public funds on hand at the time of the settlement provided for in section 11-03-11 exceeds the total of its outstanding indebtedness after the deductions provided for in that section have been made shall pay over a just proportion of such funds to…
N.D.C.C. § 11-03-19 Special funds belonging to taxing districts within new county - Delivery - Distribution
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At the time of the settlement provided for in section 11-03-11, all money on hand in the treasury of a county from which a portion segregates under this chapter and which belongs to special funds owned by taxing districts which, after the segregation, are within the boundaries of…
N.D.C.C. § 11-03-20 Commissioners of original county to fill vacancies and redistrict county
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The board of county commissioners of a county from which a portion segregates under this chapter, immediately after such segregation, shall redistrict its county into the commissioners' districts provided for by the laws then existing and shall fill any vacancies occasioned by th…
N.D.C.C. § 11-03-21 School and road districts renumbered and renamed
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School districts and road districts within a county affected by this chapter shall be renumbered so as to make their numbers run consecutively in each county.
N.D.C.C. § 11-03-22 Validity of bonds issued by school district not affected by division
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The validity of bonds issued by school districts prior to the division of a county under this chapter shall not be affected by the division nor by the renumbering or renaming of the school district which issued them.
N.D.C.C. § 11-03-23 Original county cannot collect revenue in new county
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The authority of a county, from which a portion segregates under the provisions of this chapter, to collect revenue within the boundaries of the new county shall cease on the date upon which the two boards of county commissioners base the settlement between their counties. All as…
N.D.C.C. § 11-03-24 New county within judicial district
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A county organized under the provisions of this chapter shall remain a part of the judicial district to which it belonged before its organization.
N.D.C.C. § 11-03-25 Judges to appoint term of district court in new county
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The judges of the judicial district in which a county organized under this chapter is situated shall appoint and hold at least two terms of the district court each year at the county seat of such county.
N.D.C.C. § 11-03-26 Writs, bonds, and recognizances issued from new county
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All process, writs, bonds, notices, appeals, recognizances, papers, and proceedings in actions changed to a new county under this chapter, issued and made returnable to the district court of the original county prior to the creation of the new county, shall be taken and considere…
N.D.C.C. § 11-03-27 Fees of county commissioners
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County commissioners while in the discharge of their duties as provided for in this chapter shall receive the same compensation as is allowed by law for the performance by county commissioners of their ordinary official duties.
N.D.C.C. § 11-03-28 Elections governed by general election law
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All elections held under this chapter, when it is not otherwise provided, shall be conducted in the manner prescribed by law for the conduct of general elections. The refusal or neglect on the part of an official to perform the official's lawful duties in connection with an elect…