Title 11 — Counties
52 chapters · 646 sections in this title.
N.D.C.C. § 11-10-21 Committee to purchase certain supplies for county
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The county auditor, county treasurer, and the chairman of the board of county commissioners, or such other member of the board as may be designated thereby, shall constitute a committee which shall purchase and provide all necessary blanks, books, and other stationery for the use…
N.D.C.C. § 11-10-23 Fee bill to be posted - Penalty
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Any county officer whose fees are fixed by law shall make a schedule thereof and shall keep the same in the officer's office in a conspicuous place. If any such officer shall neglect to do so, the officer, for such neglect, shall forfeit and pay the sum of five dollars to be reco…
N.D.C.C. § 11-10-24 Authorization to organize associations of county governments
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1. Counties, organized under the Constitution of North Dakota or organized under any form of county government authorized by the statutes of North Dakota, are hereby authorized upon motion of the board of county commissioners to organize and participate in an association of count…
N.D.C.C. § 11-10-25 Nepotism by county officials restricted
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No head of any executive or administrative department or agency, either elective or appointive, of any county in this state, may appoint that official's spouse, son, daughter, brother, or sister to any position under the control or direction of that official, unless the appointme…
N.D.C.C. § 11-10-26 Appeal after deposit for taking
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When the county seeks acquisition of right of way through eminent domain proceedings authorized by chapter 32-15, the board of county commissioners may make an offer to purchase the right of way and deposit the amount of the offer with the clerk of the district court and thereupo…
N.D.C.C. § 11-10-28 Newly elected or appointed county officials - Training
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Within one year of assuming office, an individual who is elected or appointed to the office of county commissioner, auditor, clerk of district court, recorder, or treasurer shall attend training based upon a curriculum specific to that office and approved by the statewide associa…
N.D.C.C. § 11-10-29 Refund of taxes or fees - Minimum amount
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Notwithstanding any other provision of law, a person is not entitled to a tax or fee refund, to be paid or approved by a county officer or employee, unless the amount of the refund is five dollars or more.
N.D.C.C. § 11-10-30 Acceptance of payment by credit card or other payment method
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A county may accept payment by wire transfer, electronic transfer, automated clearinghouse, or a nationally recognized credit or debit card for any fee charged by, or compensation, tax, or assessment due to a county. A reasonable fee not exceeding the discount, exchange fee, or o…
N.D.C.C. § 11-10-31 Addition of penalty to traffic signs - Requirements
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1. The department of transportation shall allow a county, city, or township to affix to any traffic sign prohibiting engine brakes and signifying that a vehicle noise ordinance is enforced and the amount of the penalty for violation of an offense corresponding with the purpose of…
N.D.C.C. § 11-10-32 Prohibition - Connection of utility services
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Notwithstanding any other provision of law, a county may not adopt or enforce an ordinance, resolution, or policy that prohibits or impedes, or has the effect of prohibiting or impeding, the connection or reconnection of an electric, natural gas, propane, or other energy utility …
N.D.C.C. § 11-10-33 When a county may maintain or vacate streets in a dissolved city
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If a dissolved city is located in an unorganized township, the county may choose to maintain or vacate, under chapter 40-39, the streets and alleys in the dissolved city.
N.D.C.C. § 11-11-01 Number of county commissioners
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Each organized county shall have a board of county commissioners which shall consist of not less than three nor more than five members.
N.D.C.C. § 11-11-02 Commissioner must be resident of district - Exceptions
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Each county commissioner shall be chosen by the qualified electors of the district of which the commissioner is a resident, except as otherwise provided in section 11-07-03 or 11-07-06.
N.D.C.C. § 11-11-03 Term of office of commissioners
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A county commissioner shall hold office for the term of four years except as otherwise provided in this title.
N.D.C.C. § 11-11-03.1 Commissioners' service on other boards - Term
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Except as otherwise provided in this section, a member of a board of county commissioners who is appointed to serve on another board by the board of county commissioners or who is a member of another board because of the individual's status as a member of the board of county comm…
N.D.C.C. § 11-11-04 Specific provisions to be contained in bond of county commissioners
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The bond of a member of the board of county commissioners shall be conditioned for the faithful performance and discharge, according to law, of the official duties of the office and the rendition of a true, accurate, and full account of all business transactions, powers, and trus…
N.D.C.C. § 11-11-05 Meetings of board - Time and place - Pledge of allegiance
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The board of county commissioners shall meet and hold regular meetings for the transaction of business at a time and place to be designated by the commission on a date certain established by resolution or ordinance of the commission. The county auditor shall have power to call sp…
N.D.C.C. § 11-11-06 Sessions of board to be public - County matters heard at session only
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The meetings of the board of county commissioners shall be open to the public. All matters pertaining to the affairs of the county shall be considered by the board in session only, but it may continue any business from a regular session to a day between regular sessions.
N.D.C.C. § 11-11-07 Quorum - Tie vote defers decision
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A majority of the members elected or appointed to the board of county commissioners shall constitute a quorum for the transaction of its business. When the board is equally divided on any question, it shall defer its decision thereon until its next meeting, at which time the matt…
N.D.C.C. § 11-11-08 Chairman - Election - Duties
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At the first meeting of the board of county commissioners each year, the members of the board shall elect one of their number chairman, who shall act as chairman of such board during the year in which the chairman is elected or until the chairman's successor is elected, and in ca…
N.D.C.C. § 11-11-09 County seal
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The board of county commissioners shall procure and keep a seal with such emblems and devices as it may think proper, which shall be the seal of the county, and no other seal shall be used by the county auditor. The impression of the seal shall be sufficient sealing in all cases …
N.D.C.C. § 11-11-10 Power of board to preserve order - Fines - Collection
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The board of county commissioners has power to preserve order when sitting as a board and may punish contempts by fines of not more than five dollars or by imprisonment in the county jail for not more than twenty-four hours. The board may enforce obedience to its orders by attach…
N.D.C.C. § 11-11-11 General duties of board of county commissioners
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The board of county commissioners: 1. Shall superintend the fiscal affairs of the county. 2. Shall supervise the conduct of the respective county officers. 3. May cause to be audited and verified the accounts of all officers having the custody, management, collection, or disburse…
N.D.C.C. § 11-11-13 Board to ascertain amount of satisfaction of tax lien money
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The board of county commissioners, at the first meeting of the board each year, shall examine the county treasurer's satisfaction of tax lien book and stub receipts and ascertain the amount of satisfaction of tax lien money in the treasury, and shall require the treasurer to acco…
N.D.C.C. § 11-11-14 Powers of board of county commissioners
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The board of county commissioners shall have the following powers: 1. To institute and prosecute civil actions for and on behalf of the county and in its name. 2. To make all orders respecting property of the county. 3. To levy a tax not exceeding the amount authorized by law. 4.…
N.D.C.C. § 11-11-18 Board to submit extraordinary outlay to vote
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Repealed by S.L. 2015, ch. 439, § 104.
N.D.C.C. § 11-11-19 When commissioners may purchase land without election
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If, in the opinion of a majority of the members of the board of county commissioners, acquisition of land is, or may become, necessary for the courthouse or the jail, or for the purpose of beautifying county buildings, or to prevent the erection of other buildings so near to the …
N.D.C.C. § 11-11-19.1 Lease purchase - Building authority
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Unless a lease purchase or building authority agreement is approved by a vote of the majority of the qualified electors of a county, the governing body of a county may not enter a lease purchase or building authority agreement for the acquisition of any property or construction o…
N.D.C.C. § 11-11-20 Notice of election on question of extraordinary expenditure
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Repealed by S.L. 2015, ch. 439, § 104.
N.D.C.C. § 11-11-21 Proposition to tax must accompany question submitted
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Repealed by S.L. 2015, ch. 439, § 104.
N.D.C.C. § 11-11-22 Vote necessary - How tax levied and collected
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Repealed by S.L. 2015, ch. 439, § 104.
N.D.C.C. § 11-11-23 Record of vote - Board cannot rescind
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Repealed by S.L. 2015, ch. 439, § 104.
N.D.C.C. § 11-11-24 Limitation on tax levy for extraordinary expenditure
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Repealed by S.L. 2015, ch. 439, § 104.
N.D.C.C. § 11-11-25 Money applied only to expenditure for which raised
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Repealed by S.L. 2015, ch. 439, § 104. 11-11-25.1. Disposition of unexpended and unencumbered county taxes levied for a specific purpose. If any county shall levy a tax for a specific purpose and the moneys collected are not expended or encumbered within two years after their col…
N.D.C.C. § 11-11-26 When board shall advertise for bids for fuel
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For the purchase of fuel when the amount exceeds four thousand dollars, the board of county commissioners shall seek bids either by telephone solicitation from at least two suppliers, or by an advertisement for bids to be published at least once each week for two successive weeks…
N.D.C.C. § 11-11-29 Contract - Form - Contents - Majority vote necessary - When payment made
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A contract shall be entered into under the provisions of this chapter only after it has been approved by the vote of a majority of the members of the board of county commissioners. The contract shall be made in writing and may be signed on behalf of the board by the chairman ther…
N.D.C.C. § 11-11-30 When contracts for furnishing election supplies let
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Contracts for the furnishing of election ballots and supplies shall be let by the board of county commissioners at its first regular meeting in April of each year to run for a period of one year.
N.D.C.C. § 11-11-31 Construction of public buildings - Bond of contractor
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 11-11-32 Commissioners may employ architect - Compensation
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Repealed by S.L. 1979, ch. 163, § 1.
N.D.C.C. § 11-11-33 Special funds may be transferred
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Whenever there remains in the treasury of a county an unexpended balance of a special fund and all claims against the fund have been paid, and the purpose for which it was created has been subserved fully, and there remains no further use for the balance for the purpose for which…
N.D.C.C. § 11-11-34 Auditing building accounts of board of county commissioners
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The county auditor, county treasurer, and some qualified elector and freeholder of the county appointed by the board of county commissioners from outside of its own number shall act as a board of auditors to audit accounts of the board of county commissioners in connection with t…
N.D.C.C. § 11-11-35 Board to keep records of proceedings
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The board of county commissioners shall keep a book in which all orders and decisions made by it shall be recorded. Such book shall be known as "a record of the proceedings of the board of county commissioners". All orders and vouchers for the allowance and payment of moneys from…
N.D.C.C. § 11-11-36 Order of business
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The board of county commissioners shall conduct the business of its meetings under the following order of business: 1. Meeting called to order by chairman of the board. 2. Roll call of members. 3. Reading of minutes of previous meeting, corrections to be made, if any, and approva…
N.D.C.C. § 11-11-38 Proceedings of county commissioners - Copies received as evidence
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Copies of the proceedings of the board of county commissioners, duly certified and attested by the county auditor under seal, shall be received as evidence in all courts of this state. 11-11-39. Appeal from decision of board by aggrieved person - Bond - Costs and fees payable. An…
N.D.C.C. § 11-11-40 Appeal from decision of board by county by state's attorney on demand
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Repealed by S.L. 1975, ch. 94, § 1.
N.D.C.C. § 11-11-41 Notice
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If the decision from which an appeal is taken relates to tax refunds, tax abatements, or other matters relating to taxation, in addition to the notice of appeal required by section 28-34-01, a notice of appeal also must be served by registered mail upon the state tax commissioner…
N.D.C.C. § 11-11-42 When appeal filed - When tried
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An appeal from a decision of a board of county commissioners shall be filed on or before the first day of the term of the district court following the taking of the appeal, and the cause shall stand for trial at such term.
N.D.C.C. § 11-11-43 Appeals docketed - Procedure
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All appeals taken from decisions of a board of county commissioners must be docketed as other causes pending in the district court. Section 28-34-01 governs all appeals taken under sections 11-11-39 through 11-11-43.
N.D.C.C. § 11-11-44 District court may enter final judgment on appeal - Enforcement
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The district court may enter a final judgment on an appeal from a decision of a board of county commissioners and cause the judgment to be executed, or it may send the judgment to the board with an order showing how to proceed. The court may require the board to comply with its o…
N.D.C.C. § 11-11-45 Judgments against counties - Power of board of county commissioners
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Repealed by S.L. 2015, ch. 439, § 104. 11-11-46. Payment of judgment obtained by state or an agency thereof against county - Duty of county commissioners and auditor. Repealed by S.L. 2015, ch. 439, § 104.