Title 11 — Counties
52 chapters · 646 sections in this title.
N.D.C.C. § 11-09.1-01 Methods of proposing home rule charter
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The board of county commissioners may on its own motion cause a home rule charter to be drafted and submitted for adoption to the electors of the county in the manner provided in this chapter. A home rule proposal may be initiated in a petition filed with the board of county comm…
N.D.C.C. § 11-09.1-03 Submission of charter to electors
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At least sixty days, but no more than two years, after submission of the charter to the board of county commissioners, the proposed charter must be submitted to a vote of the qualified electors of the county at a primary or general election. If the proposed charter has been submi…
N.D.C.C. § 11-09.1-04.1 Multicounty home rule
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1. Two or more counties may draft and submit for adoption a multicounty home rule charter to the electors of each county pursuant to this section. The other provisions of this chapter apply to a multicounty home rule charter, except as otherwise provided by this section. 2. The p…
N.D.C.C. § 11-09.1-05 Powers
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After the filing with the secretary of state of a charter approved in reasonable conformity with this chapter, the county and its citizens may, if included in the charter and implemented through ordinances: 1. Acquire, hold, operate, and dispose of property within or without the …
N.D.C.C. § 11-09.1-05.1 Sales tax revenue transfer to school districts prohibited
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Notwithstanding the provisions of chapters 54-40 and 54-40.3 or any other provision of law, revenue from sales, use, or other excise taxes levied under this chapter may not be transferred to or for the primary benefit of a school district except for payment of bonded indebtedness…
N.D.C.C. § 11-09.1-06 Amendment or repeal
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Except as provided in section 11-09.1-06.1, the home rule charter adopted by a county may be amended or repealed by a proposal by the governing body of the county or by petition of the number of electors provided in section 11-09.1-01, submitted to and ratified by the qualified e…
N.D.C.C. § 11-09.1-06.1 Conformance with statute or court order - Amendment
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1. When a portion of a home rule charter is preempted, superseded, or invalidated by a legislative act or a court order, the county may amend portions of the home rule charter by a resolution adopted by the governing body of the county. The resolution must reference the authority…
N.D.C.C. § 11-09.1-07 Commission - Terms of office - Vacancies
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The board of county commissioners shall determine the term of office of the members of the charter commission at the time the members are appointed. The board of county commissioners shall fill any vacancy on the charter commission.
N.D.C.C. § 11-09.1-08 Restriction on proposals to amend or repeal
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Repealed by S.L. 1993, ch. 401, § 53.
N.D.C.C. § 11-09.1-09 Manner of calling and holding elections
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The elections provided for in this chapter are subject to the laws applicable to other elections of the county. All qualified electors of the county are eligible to vote at the election. The charter commission, for proposals to adopt a home rule charter, or the governing body of …
N.D.C.C. § 11-09.1-10 Effect of amendment or repeal on salary or term of office
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On the first day of January following repeal of a home rule charter, the county reverts to the form of government of the county immediately preceding adoption of the home rule charter. If positions to which officials were elected under the home rule charter are substantially the …
N.D.C.C. § 11-09.1-11 General powers preserved
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All powers granted counties by general law are powers of home rule counties.
N.D.C.C. § 11-09.1-12 Vested property - Rights of action - Actions saved
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The adoption of any charter or amendment does not destroy any property, action, right of action, claim, or demand of any nature vested in the county. All rights of action, claims, or demands are preserved to the county and to any persons asserting any claims against the county as…
N.D.C.C. § 11-09.1-13 Enforcement of criminal penalties
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A county that has adopted a home rule charter may impose a penalty for a violation of an ordinance through a citation, a criminal complaint, or an information through the district court in the county where the offense occurred. The penalty for a violation of an ordinance may be a…
N.D.C.C. § 11-09.1-14 Payment of expenses for indigent defense services
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The home rule county must pay for an attorney and those expenses necessary for the adequate defense of an indigent person prosecuted for violation of a home rule county ordinance.