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North Dakota Statutes, Title 40

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North Dakota/Statutes

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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

21 sections·Filtered byTitle 40✕Ch 40-58✕

N.D.C.C. § 40-58-01.1 Definitions
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In this chapter, unless the context otherwise requires: 1. "Area of operation" means the area within the corporate limits of the municipality and the area within five miles [8.05 kilometers] of those limits, except that the term does not include any area that lies within the terr…
N.D.C.C. § 40-58-02 Findings and declarations of necessity
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1. It is hereby found and declared that there exist in municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of these areas c…
N.D.C.C. § 40-58-03 Encouragement of private enterprise
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A municipality, to the greatest extent it determines to be feasible in carrying out this chapter, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the development, rehabilitation, or redevelopment of the development or renewal a…
N.D.C.C. § 40-58-04 Workable program
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A municipality for the purposes of this chapter may formulate a workable program for utilizing appropriate private and public resources, including those specified in section 40-58-18, to facilitate the development of industrial or commercial properties, eliminate and prevent the …

N.D.C.C. § 40-58-05 Finding of necessity by governing body

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A municipality may not exercise any of the powers conferred upon municipalities by this chapter until its governing body adopts a resolution finding that: 1. One or more slum or blighted areas or industrial or commercial properties exist in the municipality; and 2. The developmen…

N.D.C.C. § 40-58-06 Preparation, adoption, and revision of development or renewal plans

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1. A municipality may not approve a development or renewal plan for a development or renewal area unless the governing body by resolution determines that the area is a slum or blighted area or consists of industrial or commercial property, or a combination of those areas or prope…

N.D.C.C. § 40-58-07 Powers

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A municipality has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the power: 1. To authorize or undertake and carry out development or renewal projects within its area of operation; to make and execute con…

N.D.C.C. § 40-58-09 Disposal of property in development or renewal area

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1. A municipality may sell, lease, or otherwise transfer real property or any interest in real property acquired by it, and may enter into contracts with respect to the real property, in a development or renewal area for residential, recreational, commercial, industrial, or other…

N.D.C.C. § 40-58-10 Issuance of bonds

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1. A municipality may issue bonds from time to time in its discretion to finance the undertaking of any development or renewal project, including the payment of principal and interest upon any advances for surveys and plans for development or renewal projects, and may issue refun…

N.D.C.C. § 40-58-11 Bonds as legal investments

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All banks, trust companies, bankers, savings banks and institutions, savings and loan associations, investment companies, and other persons carrying on a banking or investment business and all executors, administrators, curators, trustees, and other fiduciaries may legally invest…

N.D.C.C. § 40-58-12 Property exempt from taxes and from levy and sale by virtue of an execution

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1. All property of a municipality, including funds, owned or held by it for the purposes of this chapter is exempt from levy and sale by virtue of an execution, and no execution or other judicial process may issue against the same nor may judgment against a municipality be a char…

N.D.C.C. § 40-58-13 Cooperation by public bodies

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1. For the purpose of aiding in the planning, undertaking, or carrying out of a development or renewal project located within the area in which it is authorized to act, any public body may, upon any terms, with or without consideration, as it may determine: a. Dedicate, sell, con…

N.D.C.C. § 40-58-14 Title of purchaser

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Any instrument executed by a municipality and purporting to convey any right, title, or interest in any property under this chapter shall be conclusively presumed to have been executed in compliance with the provisions of this chapter insofar as title or other interest of any bon…

N.D.C.C. § 40-58-15 Exercise of urban renewal project powers

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1. A municipality may itself exercise its urban renewal project powers, as defined by this section, or may, if the governing body by resolution determines the action to be in the public interest, elect to have those powers exercised by the urban renewal agency created by section …

N.D.C.C. § 40-58-16 Urban renewal agency

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1. There is created in each municipality a public body corporate and politic to be known as the "urban renewal agency" of the municipality; provided, that the agency may not transact any business or exercise its powers under this chapter until or unless the local governing body h…

N.D.C.C. § 40-58-17 Interested public officials, commissioners, or employees

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No public official or employee of a municipality or board or commission thereof, and no commissioner or employee of a housing authority or urban renewal agency which has been vested by a municipality with urban renewal project powers under section 40-58-15 shall voluntarily acqui…

N.D.C.C. § 40-58-18 Ordinances relating to repair, closing, and demolition of dwellings unfit for human habitation

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1. If a municipality finds that there exist in the municipality dwellings which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions…

N.D.C.C. § 40-58-20 Tax increment financing

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1. At any time after the governing body of a municipality has approved a development or renewal plan for any development or renewal area and has filed that plan with the department of commerce division of community services, it may request the county auditor and treasurer to comp…

N.D.C.C. § 40-58-20.1 Use of tax increment financing for the development of certain industrial or commercial property - Public hearing - Eligible costs of development

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1. The governing body of a municipality may use the tax increment financing method authorized by section 40-58-20 to assist a project developer in the development of industrial or commercial property, as limited by this section, pursuant to an agreement between the municipality a…

N.D.C.C. § 40-58-20.2 Tax increment financing proposal - Public hearing - Invitation to representatives of affected taxing districts

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1. Before approval of a development or renewal plan for any development or renewal area under section 40-58-20, the governing body of the municipality shall conduct a public hearing on the proposal. The governing body shall provide invitations to participate in the public hearing…

N.D.C.C. § 40-58-20.3 Tax increment financing reports

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For each development or renewal plan for any development or renewal area under section 40-58-20 in existence at the end of a calendar year, the governing body of the municipality shall file an annual report with the department of commerce, by the following July thirty-first, whic…