Title 40, Municipal Government

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…

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…

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…

If the governing body annexes the area, it shall do so by ordinance. When a copy of the ordinance and an accurate map of the annexed area, certified by the executive officer of the city, are filed and recorded with the county recorder, the annexation becomes effective. An annexat…

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…

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…

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…

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…

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-…

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…

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; …

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…

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 …

Territory annexed to a city pursuant to petition to the director of the office of administrative hearings is annexed as of the date of the order of the administrative law judge, except for tax purposes, and a copy of the resolution with an accurate map of the annexed area, certif…

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.

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.