Title 11, Counties
52 chapters · 662 sections in this title.
N.D.C.C. § 11-05-09.1 Officer elections
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At the next succeeding general election after consolidation is approved by the voters and redistricting of the new county is accomplished pursuant to the consolidation plan, there must be elected for the new county all county officers provided for by general law or as prescribed …
N.D.C.C. § 11-05-09.2 Consolidated county
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On the first Monday in January following the election of county officers, or on another date as prescribed in the approved consolidation plan, the affected counties are for all purposes a single county as prescribed in the consolidated plan. All rights, privileges, and franchises…
N.D.C.C. § 11-05-25 Power of consolidated county to levy taxes to pay debts
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If authorized in the approved consolidation plan, the board of county commissioners of the consolidated county has all the powers which the board of county commissioners of a previous county had at the time of the consolidation, to levy taxes upon the property in the territory wh…
N.D.C.C. § 11-05-26 Board of county commissioners of consolidated county may issue evidences of indebtedness
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If authorized in the approved consolidation plan, the board of county commissioners of the consolidated county may compromise debts and obligations of a previous county and may issue bonds or certificates of indebtedness in settlement or compromise of, or to fund, those debts and…
N.D.C.C. § 11-06-01 Changing county lines by transfer of territory from one county to another authorized - Petitions required
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Territory may be transferred from one county to another by compliance with the provisions of this chapter. A majority of the qualified electors, as determined by the vote cast for the office of governor at the last general election, residing in any territory comprising an area of…
N.D.C.C. § 11-06-03 Election required - Duties of boards of county commissioners
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The boards of county commissioners to which petitions are addressed under the provisions of this chapter shall order an election to be held in their respective counties to vote upon the question of the change in county lines specified in the petitions if the petitions comply with…
N.D.C.C. § 11-06-03.1 Boards of county commissioners to submit plan of county consolidation committee to electors
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Notwithstanding sections 11-06-01 and 11-06-03, if a plan for changing county lines is submitted by a county consolidation committee to two or more boards of county commissioners pursuant to chapter 11-05.1, each board of county commissioners shall submit the question of the chan…
N.D.C.C. § 11-06-04 Election - Notice - Ballot - Returns
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The notice of an election to change the boundaries of a county shall contain a description of the territory proposed to be transferred, the name of the county from which, and the name of the county to which, the transfer is intended to be made. The notice shall be posted as requi…
N.D.C.C. § 11-06-06 When territory transferred - Assessment of taxes - Judicial and official proceedings - Township officers continue in office
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If a majority of the qualified electors in each of the counties affected voting on the question shall favor transferring the territory, such territory, on the first day of March succeeding the election, shall become a part of the county to which the transfer was proposed to be ma…
N.D.C.C. § 11-06-07 Debts of transferred territory - Payment to county from which transferred
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Territory transferred under the provisions of this chapter shall not be released from the payment of its proportion of the debts of the county from which it was transferred. Such proportion shall be collected by the county to which the territory is transferred at an equal or grea…
N.D.C.C. § 11-06-08 Redistricting when county enlarged
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Whenever the boundaries of any organized county shall have been enlarged by the addition thereto of any additional territory, the board of county commissioners of such county shall redistrict the county into commissioner districts immediately. Such redistricting may be done at a …
N.D.C.C. § 11-06-09 When territory less than one congressional township - Election
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When a majority of the qualified electors of a territory containing less than one congressional township shall petition the boards of county commissioners as provided in section 11-06-01, such boards, in their discretion, may order elections to be held as provided in this chapter…
N.D.C.C. § 11-07-01 County redistricting board - Membership - Powers
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The redistricting board shall be composed of the following members: 1. The chairman of the board of county commissioners, who shall act as chairman of the redistricting board. 2. The state's attorney. 3. A citizen or member of the governing body selected by the governing body of …
N.D.C.C. § 11-07-02 When districts must be changed - Additional meeting - Public hearing - Notice
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Each redistricting board shall, within three months after official publication of each federal decennial census, meet at the call of the chairman to organize as provided in this chapter and to consider redistricting, unless the county commissioners are currently elected at large …
N.D.C.C. § 11-07-03 Method of redistricting - Election of commissioners at large if redistricting not accomplished by time certain
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The redistricting board shall provide for the election of county commissioners as follows: 1. In redistricting a county, the redistricting board shall first attempt to make the districts contiguous following township lines where practicable, as regular and compact in form as prac…
N.D.C.C. § 11-07-04 Commissioners' terms of office - Staggered terms
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1. When redistricting is completed or if failure to redistrict requires at large election of commissioners as provided in section 11-07-03, all commissioners then holding office who will be elected in the same manner, either from districts or at large, as they were elected at the…
N.D.C.C. § 11-07-05 First redistricting under chapter
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The first redistricting of county commissioners' districts under this chapter shall be completed as required in this chapter no later than December 31, 1971, and at least each ten years thereafter. Failure of any redistricting board to complete such redistricting plan and file it…
N.D.C.C. § 11-07-06 Petitions - Signers required - Submission of question to voters
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The board of county commissioners, upon receipt of a petition signed by at least ten percent of the qualified electors of the county as determined by the number of votes cast for the office of governor at the preceding general election, shall, in accordance with applicable provis…
N.D.C.C. § 11-08-01 Who may adopt county consolidated office form of government
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Any county in this state may adopt the county consolidated office form of government in accordance with the provisions of this chapter.
N.D.C.C. § 11-08-02.1 Board of county commissioners may submit plan
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The question of the adoption of a consolidated office form of government may be submitted at the next primary election as provided by this chapter by the board of county commissioners by a resolution adopted by the affirmative vote of a majority of the entire board.
N.D.C.C. § 11-08-03 Election - Notice - How conducted - Canvass - Return
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The county auditor shall publish a notice of the election in the official county newspaper once each week for four successive weeks prior to the election at which the question is to be submitted. The notice shall contain the question to be voted upon and the statement that the qu…
N.D.C.C. § 11-08-04 Ballot - Form
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The ballot to be used in the election shall be in substantially the following form: Shall the county consolidated office form of government be adopted by the county of __________________ (name of county)? Yes ☐ No ☐
N.D.C.C. § 11-08-05 Vote required - Effective date - Procedure for discontinuance
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If a majority of the votes cast on the question of the adoption of the county consolidated form of government are in favor of that form, it becomes effective on the first day of January next succeeding the election. All elected officers whose offices become appointive under this …
N.D.C.C. § 11-08-06 Officers in county adopting consolidated office form of government
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In addition to the board of county commissioners provided for by this title, the officers in a county which has adopted the county consolidated office form of government are as follows: 1. One county auditor who shall be ex officio recorder and, unless the clerk of district court…
N.D.C.C. § 11-08-07 Appointive officers - County commissioners, sheriff, and state's attorney elected - Terms of office - How vacancy filled
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The board of county commissioners shall appoint each county officer mentioned in section 11-08-06, except the members of the board of county commissioners, who must be elected in the manner provided in section 11-11-02, and the sheriff and the state's attorney, who must be electe…
N.D.C.C. § 11-08-08 When appointment of officers made - Qualification
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The county officers to be appointed must be appointed by the board of county commissioners at the following times in the year in which the county consolidated office form of government goes into effect: 1. On or before the fifteenth day of January, the coroner must be appointed, …
N.D.C.C. § 11-08-09 Compensation of officers
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Each member of the board of county commissioners and each other county officer who is appointed by the board or elected must receive as compensation for services the salary prescribed by law for the officer, except that the county auditor must receive a salary not exceeding three…
N.D.C.C. § 11-08-10 Sheriff or state's attorney of adjoining county may run for election - Term of office - Compensation
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The sheriff or the state's attorney, or both, of an adjoining county may run for election in a county which has adopted the county consolidated office form of government. Any such officer of an adjoining county so elected shall serve for a term of four years and until that office…
N.D.C.C. § 11-08-11 Powers and duties of county auditor
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The county auditor, in addition to the duties and powers conferred by law on that officer, shall perform the duties and functions and exercise the powers conferred on the recorder and, subject to subsection 1 of section 11-08-06, the clerk of the district court. The auditor shall…
N.D.C.C. § 11-08-12 Powers and duties of board of county commissioners
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The board of county commissioners shall exercise such powers and perform such duties as are provided by law except as such powers or duties are modified specifically or enlarged by this chapter.
N.D.C.C. § 11-08-13 Powers and duties of other officers
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The sheriff, state's attorney, and coroner elected or appointed under this chapter shall perform the duties and exercise the powers conferred by law upon them.
N.D.C.C. § 11-08-14 Deputies and employees - Appointment - Compensation - Terms
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Subject to the approval of the board of county commissioners, the county auditor may appoint a deputy auditor, a deputy recorder, and, subject to subsection 1 of section 11-08-06, a deputy clerk of the district court. The compensation of any such deputy appointed pursuant to this…
N.D.C.C. § 11-08-15 Removal of officers
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Any county officer appointed by the board of county commissioners or elected under the provisions of this chapter may be suspended or removed by the governor or by judicial proceedings in the manner provided by law.
N.D.C.C. § 11-09-01 County manager government - Forms
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Any county in this state is authorized to adopt one of the following county manager forms of government: 1. Short form of county managership with the office of county manager to be an appointed office. 2. County manager form with the office of county manager to be an appointed of…
N.D.C.C. § 11-09-02.1 Petition - Question submitted to electors
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Upon a petition filed with the county auditor at least ninety days in advance of any countywide election signed by not less than ten percent of the qualified electors of the county as determined by the total number of votes cast for the office of governor at the last general elec…
N.D.C.C. § 11-09-03 Board of county commissioners may submit plan
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The question of the adoption of any county manager form of government may be submitted to the qualified electors of the county at the next primary election by the board of county commissioners by a resolution adopted by the affirmative majority vote of the entire board. The resol…
N.D.C.C. § 11-09-04 Notice of election - How election held - Canvass - Return
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The county auditor shall publish once each week for four successive weeks prior to the election at which the question is to be submitted, in the official newspaper of the county, a notice of the election on the question of the adoption of a county manager form of government. The …
N.D.C.C. § 11-09-05 Ballot for submitting question of the adoption of one of the county manager forms of government
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The ballot to be used at an election on the question of the adoption of one of the county manager forms of government shall be in substantially the following form: Shall __________________ County (name the county) adopt the _________________ (name one of the plans given in sectio…
N.D.C.C. § 11-09-07 Vote required - Effective date
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If a majority of the votes cast on the question of adoption of a county manager form of government are in favor of that form, it becomes effective on the first day of January next succeeding the election or on a later date as may be designated in the plan or resolution. All elect…
N.D.C.C. § 11-09-08 Board of county commissioners - Election - Term of office - Vacancies
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In a county adopting any form of county managership, the board of county commissioners shall consist of three or five members as is provided by general statute. Members of the board of county commissioners holding office when any form of county managership goes into effect shall …
N.D.C.C. § 11-09-09 Powers of board of county commissioners - Failure of witness to obey order of board is a misdemeanor
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The board of county commissioners of a county which has adopted any form of county managership shall be the policy-determining body of the county and shall have the following powers: 1. To exercise all of the powers of the county as a body politic and corporate in the manner prov…
N.D.C.C. § 11-09-10 Appointment of county manager - Tenure of office - Compensation
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The county manager, in a county which has adopted either of the appointed forms of county managership, shall be appointed by the board of county commissioners. The county manager shall be appointed with regard to merit only and need not be a resident of the county at the time of …
N.D.C.C. § 11-09-10.1 Election of county manager - Tenure of office - Compensation - Vacancy - Removal - Recall
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The board of county commissioners in a county which has adopted either of the elected forms of county managership shall appoint a temporary county manager until a person shall be elected to such office at the next general election following the effective date of said form of gove…
N.D.C.C. § 11-09-11 Manager and officers attend meetings of board of county commissioners
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The county manager, and in a county adopting a county manager form of government, the directors of all departments, and all other officers of the county shall be entitled to be present at all sessions of the board of county commissioners. The manager shall have the right to prese…
N.D.C.C. § 11-09-12 Powers and duties of county manager
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The county manager of any county adopting any form of county managership shall: 1. Serve as the administrative head of the county government and be responsible to the board of county commissioners for the proper administration of all the affairs of the county which the board has …
N.D.C.C. § 11-09-13 Removal of an appointed county manager
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If the board of county commissioners of a county which has adopted either of the appointed forms of county managership determines to remove the manager, the manager shall be given, if the manager so demands, a written statement of the reasons alleged for the proposed removal and …
N.D.C.C. § 11-09-14 Administrative activities, responsibility of county manager
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The county manager shall be responsible to the board of county commissioners for the administration of the following activities: 1. All duties now or hereafter imposed by general law on the county auditor in the matter of assessment of property for taxation and the preparation of…
N.D.C.C. § 11-09-15 Administrative activities assigned to departments in county adopting county manager form of government
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In a county which has adopted a county manager form of government, the county manager shall distribute the administrative activities among the following departments: 1. Department of finance. 2. Department of public works. 3. Department of public welfare. The board of county comm…
N.D.C.C. § 11-09-16 Directors of departments appointed
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The county manager in a county adopting a county manager form of government shall appoint a director for each department provided for or authorized by section 11-09-15. With the consent of the board of county commissioners, the manager may act as the director of one or more depar…
N.D.C.C. § 11-09-17 Auditor - Who to act
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Except as otherwise provided in this chapter, in counties adopting a short form of county managership, the functions imposed on the county auditor by general statute shall be performed by or under the direction of the county manager, and in counties adopting a county manager form…