Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-51.2-01 Short title
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This chapter may be cited as the Municipal Annexation Act of 1969.
N.D.C.C. § 40-51.2-02 Declaration of purpose
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It is hereby declared that the policies and procedures contained in this chapter are necessary and desirable for the orderly growth of urban communities in the state of North Dakota. It is the purpose of this chapter: 1. To encourage natural and well-ordered development of munici…
N.D.C.C. § 40-51.2-02.1 Annexation agreements
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The governing body of a city may enter a written annexation agreement with the governing body of another city regarding the annexation of property located within the extraterritorial zoning or subdivision regulation authority of the cities under chapter 40-47 or 40-48. An agreeme…
N.D.C.C. § 40-51.2-03 Annexation by petition of owners and electors
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Upon a written petition signed by not less than three-fourths of the qualified electors or by the owners of not less than three-fourths in assessed value of the property in any territory contiguous or adjacent to any incorporated municipality and not embraced within the limits th…
N.D.C.C. § 40-51.2-04 Exclusion by petition of owners and electors
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Upon a petition signed by not less than three-fourths of the qualified electors and by the owners of not less than three-fourths in assessed value of the property in any territory within the limits of an incorporated municipality and contiguous or adjacent to such limits, the gov…
N.D.C.C. § 40-51.2-05 Notice - Petition of owners and electors - Mediation
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1. The governing body may not take final action on a petition presented by owners and qualified electors until the petitioners have given notice of presentation of the petition by one publication in the official newspaper of the city as provided by section 40-01-09 and the govern…
N.D.C.C. § 40-51.2-07 Annexation by resolution of city
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1. The governing body of any city may adopt a resolution to annex contiguous or adjacent territory as follows: a. The governing body of the city shall adopt a resolution describing the property to be annexed. Within seven days of the adoption of a resolution under this subdivisio…
N.D.C.C. § 40-51.2-07.1 Mediation
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The mediation committee must be comprised of a person appointed by the governor, representatives of the petitioners under section 40-51.2-03 or the protesters under section 40-51.2-07, the involved cities, counties, and townships, and any other parties having an interest in the p…
N.D.C.C. § 40-51.2-08 Petition to office of administrative hearings
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If the governing body of a city involved in the dispute is not satisfied with the result of the mediation, the governing body may petition the director of the office of administrative hearings to hear the matter. If the annexation was initiated under section 40-51.2-07, the petit…
N.D.C.C. § 40-51.2-09 Administrative law judge to be appointed - Hearing set
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Upon receipt of a petition, the director of the office of administrative hearings shall appoint an administrative law judge to hear the petition. If the annexation was initiated under section 40-51.2-07, the administrative law judge shall determine whether the annexing city has s…
N.D.C.C. § 40-51.2-10 Annexation review commission - Composition
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Repealed by S.L. 1997, ch. 357, § 16.
N.D.C.C. § 40-51.2-11 Notice required
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At the time the administrative law judge sets the time and place of hearing, the administrative law judge shall direct the governing body of the annexing city to: 1. Publish a notice of the hearing and a copy of the petition, if the annexation was initiated under section 40-51.2-…
N.D.C.C. § 40-51.2-12 Administrative law judge - Hearing
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At the time of the hearing, the administrative law judge shall hear all evidence with respect to the annexation and shall consider all studies, surveys, maps, data, reports, and other material prepared by any state or local governmental subdivision or planning or zoning commissio…
N.D.C.C. § 40-51.2-13 Decision
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1. In arriving at a decision, the administrative law judge shall consider the following factors: a. The present uses and planned future uses or development of the area sought to be annexed; b. Whether the area sought to be annexed is a part of the community of the annexing city; …
N.D.C.C. § 40-51.2-14 Powers of the administrative law judge - Decision - Terms
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The administrative law judge shall enter an order setting forth what the administrative law judge deems to be fair and reasonable terms and conditions and shall direct the annexation in conformity with those terms and conditions. The administrative law judge may: 1. Approve or di…
N.D.C.C. § 40-51.2-15 Review of determination of administrative law judge by certiorari
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Within thirty days after receipt of the administrative law judge's order, any interested party dissatisfied with the decision may apply to the district court for a writ of certiorari. The review upon the writ may extend only to the determination of whether the administrative law …
N.D.C.C. § 40-51.2-17 Cost of annexation
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The costs of the annexation proceedings, and the costs for services rendered by an administrative law judge, must be paid to the office of administrative hearings by the annexing city. The costs of the annexation proceedings are the same as those allowed in any civil action.
N.D.C.C. § 40-51.2-18 Relation of this chapter to other laws
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The powers conferred and the limitations imposed by this chapter shall be in addition and supplemental to, and not in substitution for, powers conferred by any other law.
N.D.C.C. § 40-51.2-19 Savings clause
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Repealed by S.L. 1983, ch. 82, § 154.