Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-02-01 Requisites for incorporation as city
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Any contiguous territory in this state, not exceeding four square miles [1036.00 hectares] in area, not already included within the corporate limits of any incorporated municipality, may become incorporated as a city whether such territory is located in one or more counties, unde…
N.D.C.C. § 40-02-02 Census required
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Prior to the commencement of any proceedings to incorporate territory as a municipality, the persons intending to submit the petition for incorporation shall cause a census of the resident population of the territory to be taken not more than sixty days previous to the time when …
N.D.C.C. § 40-02-03 Survey required
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The persons intending to make application for the incorporation of a municipality as provided in this chapter shall cause to be made an accurate survey and map of the territory intended to be embraced within the limits thereof. The survey shall be made by a practical surveyor and…
N.D.C.C. § 40-02-04 Survey, map, and census subject to examination - Notice
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The survey, map, and census required under the provisions of this chapter, when completed and verified, shall be left for a period of not less than thirty days at some convenient place within the territory described therein for examination by those having any interest in the appl…
N.D.C.C. § 40-02-06 Board of county commissioners to consider petition
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Before hearing the petition, the board of county commissioners shall require proof, either by affidavit or by oral examination of witnesses before it, that notice as required by section 40-02-05 was given and that the survey, map, and census were subject to examination in the man…
N.D.C.C. § 40-02-06.1 Appeal of board of county commissioners' action - Scope of review
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Any final action taken by a board of county commissioners on a petition for incorporation may be appealed to the district court in accordance with the procedure provided in section 28-34-01. The review on appeal extends only to the determination of whether the board of county com…
N.D.C.C. § 40-02-07 Notice of election
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The board of county commissioners to which a petition is submitted under this chapter shall give notice of the election on the question whether or not the municipality described in the petition shall be organized. The notice shall be published in one issue of a newspaper or newsp…
N.D.C.C. § 40-02-08 Polling hours at election on question of incorporation
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At the election called to vote on the question of incorporation of a municipality under this chapter, the polls shall be opened at nine a.m. on the day specified in the notice and shall be kept open until seven p.m. At such election, the voters first shall proceed to the election…
N.D.C.C. § 40-02-09 Form of ballot
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The ballots to be used at an election to pass upon the question of the organization of a municipality under the provisions of this chapter shall be in substantially the following form: Shall ______________ (city under the council form of government, or city under the commission s…
N.D.C.C. § 40-02-10 Election returns - To whom made - Duty of board of county commissioners
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The election officials acting in each place in which votes are cast in an election held under this chapter shall return to the board of county commissioners which ordered the election a verified statement of the results of the election showing the number of votes cast for and aga…
N.D.C.C. § 40-02-11 Division into wards
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If a majority of the votes cast on the question at the election provided for in this chapter favored incorporation as a city, the board of county commissioners that ordered the election shall, if the territory has been incorporated as a city under the council form of government, …
N.D.C.C. § 40-02-12 Order of incorporation - Recording - Filing - As evidence
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An order of incorporation of a city under the council form of government, under the provisions of this chapter, as made by the board of county commissioners to which the petition for incorporation is addressed, shall be conclusive evidence of the incorporation of the territory de…
N.D.C.C. § 40-02-14 Board of county commissioners to establish election precincts
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The territory embraced within the boundaries of a municipality organized under this chapter shall be divided by the board of county commissioners which made the order of incorporation into election precincts. If the municipality is situated in more than one county, there shall be…
N.D.C.C. § 40-02-15 Division of property and indebtedness between municipality and township
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If a municipality is organized under the provisions of this chapter from territory which has been a part of a civil township, any property owned, and any debts owed, by the township prior to the separation shall be divided between the municipality and the township in the proporti…