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North Dakota Statutes, Title 40

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Title 40, Municipal Government

85 chapters · 1,001 sections in this title.

All chapters in Title 401,001 Ch 40-48, Municipal Master Plans and Planning …39 Ch 40-22, Improvements by Special Assessment M…33 Ch 40-33, Municipal Utilities30 Ch 40-46, Employees' Pensions in Cities28 Ch 40-08, Governing Body and Executive Officer…27 Ch 40-23, Assessment of Benefits27 Ch 40-45, Police Pensions in Cities27 Ch 40-01, General Provisions26 Ch 40-05, Powers of Municipalities26 Ch 40-18.1, Municipal Courts26 Ch 40-49, Parks and Park Districts25 Ch 40-24, Special Assessment Funds and Disburs…23 Ch 40-58, Urban Renewal Law21 Ch 40-34, Sewage and Garbage Disposal20

13 sections·Filtered byTitle 40✕Ch 40-23.1✕

N.D.C.C. § 40-23.1-01 Improvement district - All property to be assessed - Basis
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All property included within the limits of a local improvement district shall be considered to be the property specially benefited by the local improvement and shall be the property to be assessed to pay the cost and expense thereof or such part thereof as may be chargeable again…
N.D.C.C. § 40-23.1-02 Improvement district - Zones
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For the purpose of ascertaining the amount to be assessed against each separate lot, tract, parcel of land, or other property therein, the local improvement district shall be divided into subdivisions or zones paralleling the margin of the street, avenue, lane, alley, boulevard, …
N.D.C.C. § 40-23.1-03 Assessment rate per square foot
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1. The rate of assessment per square foot [0.09 square meter] in each subdivision of an improvement district shall be fixed on the basis that the special benefits conferred on a square foot [0.09 square meter] of land in subdivisions first, second, third, fourth, and fifth, respe…
N.D.C.C. § 40-23.1-04 Levy of assessments - Items included in cost of improvement
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At any time after the contract and bond for any work for which a special assessment is required have been executed and approved by the governing body of the municipality and the total cost of such work shall have been estimated as nearly as practicable, the governing body may dir…

N.D.C.C. § 40-23.1-05 Parking lots - Ascertaining assessments

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Notwithstanding any section of chapter 40-23, the city auditor shall determine, on the basis that the special benefit conferred upon a lot, tract, or parcel of land in the improvement district, by the establishment of a parking lot, is proportionate to the need that the business …

N.D.C.C. § 40-23.1-06 Political subdivisions not exempt from special assessments

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Benefited property belonging to counties, cities, school districts, park districts, and townships shall not be exempt from assessment and such public corporations whose property is assessed shall provide for the payment of such assessments, installments thereof, and interest ther…

N.D.C.C. § 40-23.1-07 Assessment list to be prepared - Contents - Certificate attached to assessment list

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The city auditor shall make or cause to be made a complete list of the benefits and assessments setting forth, by legal description or street address or both, each lot, tract, or parcel benefited by the improvement, and the amount assessed against each. There must be attached to …

N.D.C.C. § 40-23.1-08 Publication of assessment list and notice of hearing of objections to list

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The city auditor shall cause the assessment list, which may not include the amount each lot, tract, or parcel is benefited by the improvement, to be published on the municipality's website and once each week for two consecutive weeks in the official newspaper of the municipality,…

N.D.C.C. § 40-23.1-09 Alteration of assessments at hearing - Limitations

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At the hearing, the city auditor may make such alterations in the assessments as in the city auditor's opinion may be just or necessary to correct any error in the assessment list. The city auditor may increase or diminish any assessment as may be just and necessary to make the a…

N.D.C.C. § 40-23.1-10 Confirmation of assessment list after hearing - Filing list

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The city auditor, after the hearing, shall confirm the list and attach thereto its further certificate certifying that the list is correct as confirmed. The city auditor thereafter shall file the assessment list in the city auditor's office.

N.D.C.C. § 40-23.1-11 Publication of notice of confirmation of assessment list and meeting for action upon assessments

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The city auditor shall publish at least once in the official newspaper of the municipality a notice stating that the assessment list has been confirmed by the city auditor and filed in the city auditor's office and is open to public inspection. The notice also shall state the tim…

N.D.C.C. § 40-23.1-12 Aggrieved person may file notice of appeal

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Prior to the meeting at which the governing body will act upon the assessment, any aggrieved person may appeal from the action of the city auditor by filing with the city auditor a written notice of the appeal, stating therein the grounds upon which the appeal is based.

N.D.C.C. § 40-23.1-13 Governing body to hear and determine appeals and objections to assessments - Altering assessments - Limitations

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At the regular meeting of the governing body at which the assessment list is to be acted upon, any person aggrieved by the determination of the city auditor in regard to any assessment, who has appealed therefrom as provided in section 40-23.1-12, may appear before the governing …