Title 40 — Municipal Government
85 chapters · 759 sections in this title.
N.D.C.C. § 40-22-30 Contractor's bond - Execution
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-31 Conditions of contractor's bond
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-32 Approval of bonds - Return of bidder's bond
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-33 Failure to execute contractor's bond
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-34 Insufficiency of bonds - New bonds required - Failure to furnish
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Repealed by S.L. 1995, ch. 443, § 29.
N.D.C.C. § 40-22-35 Execution and filing of contract
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All contracts entered into for any work provided for in this chapter shall be entered into in the name of the municipality and shall be executed on the part of the municipality by the executive officer and countersigned by the auditor. After the contract is signed by the contract…
N.D.C.C. § 40-22-36 Contracts - Conditions and terms
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A contract let under the provisions of this chapter shall require the work to be done pursuant to the plans and specifications on file in the office of the city auditor, subject to the approval of the engineer acting for the municipality, and shall provide further: 1. That the go…
N.D.C.C. § 40-22-41 Validation
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Repealed by omission from this code.
N.D.C.C. § 40-22-42 Confirmation of certain proceedings for city and village improvements
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Repealed by omission from this code.
N.D.C.C. § 40-22-43 Defects and irregularities in improvement proceedings are not fatal
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Defects and irregularities in any proceedings had or to be had under this chapter relating to municipal improvements by the special assessment method, when the proceedings are for a lawful purpose and are unaffected by fraud and do not violate any constitutional limitation or res…
N.D.C.C. § 40-22-44 Discontinuance of municipal parking lots
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The governing body of a municipality may, if it deems it in the best interests of the municipality, discontinue the operation of a municipal parking lot when there exists a higher and better use for the property. If any portion of the cost of such parking lot has been paid for by…
N.D.C.C. § 40-22-45 Equalization of original assessment
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Whenever any portion of the cost of a parking lot which is to be discontinued has been paid for by special assessment, the useful life of the parking lot shall be determined by the governing body. If the period of time determined to be the useful life of the parking lot has not c…
N.D.C.C. § 40-23-03 Removal of commissioners - Filling vacancies
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Any member of the commission may be removed by the executive officer, with the consent of a majority of the members of the governing body, for neglect or refusal to perform the duties of the office or for misconduct in office. A vacancy occurring in the commission by removal, res…
N.D.C.C. § 40-23-04 Municipal officers and employees to advise commission
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Each officer and employee of the municipality shall give to the special assessment commission such information, advice, and assistance as it may request.
N.D.C.C. § 40-23-05 Notice to special assessment commission
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At any time after the contract and bond for any work for which a special assessment is required have been executed and approved by the governing body of the municipality and the total cost of such work shall have been estimated as nearly as practicable, the governing body may dir…
N.D.C.C. § 40-23-06 Assessments in improvement districts before work completed
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If the work consists of improvements on or additions to sewers or water mains already installed or paving already laid, and all bids for such work were rejected and the work done by the municipality, and if, in the opinion of the engineer acting for the municipality, the work can…
N.D.C.C. § 40-23-07.1 Validation of prior assessments
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Repealed by omission from this code.
N.D.C.C. § 40-23-07.2 Assessment of common area in townhouse development
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If a townhouse development includes a right in the townhouse owners to use any lot or tract as a common area in connection with the townhouse development, the common area shall not be separately assessed for benefits but each lot or tract whose owner has a right to use the common…
N.D.C.C. § 40-23-08 Assessments collected by suit from beneficial user of exempt property
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Whenever any real property is exempt from special assessments, or cannot be assessed, as provided in this title, for any improvement for any reason, and such real property otherwise would be assessable for such improvement, an assessment may be levied against the occupant or bene…
N.D.C.C. § 40-23-10 Notice of assessments and notice of hearing of objections
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1. Unless otherwise provided under this section, the commission shall cause the assessment list, which list may not include the amount each lot or tract is benefited by the improvement, to be published once each week for two consecutive weeks in the official newspaper of the muni…
N.D.C.C. § 40-23-11 Alteration of assessments at hearing - Limitations
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At the hearing, the commission may make such alterations in the assessments as in its opinion may be just or necessary to correct any error in the assessment list. The commission may increase or diminish any assessment as may be just and necessary to make the aggregate of all ass…
N.D.C.C. § 40-23-12 Confirmation of assessment list after hearing - Filing list
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The special assessment commission, after the hearing, shall confirm the list and attach thereto its further certificate certifying that the list is correct as confirmed by it. The commission thereafter shall file the assessment list in the office of the city auditor. 40-23-13. Pu…
N.D.C.C. § 40-23-14 Aggrieved person may file notice of appeal
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Prior to the meeting at which the governing body will act upon the assessment, any aggrieved person may appeal from the action of the special assessment commission by filing with the city auditor a written notice of the appeal, stating therein the grounds upon which the appeal is…
N.D.C.C. § 40-23-17 Authority to levy assessments on property not originally assessed
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Any municipality that pays or provides for the payment of part or all of the cost of an improvement may subsequently levy special assessments for the cost of the improvement upon properties benefited by the improvement in the cases and in accordance with the procedure and subject…
N.D.C.C. § 40-23-18 Assessments on property within the corporate limits
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A subsequent assessment may not be levied for any improvement on any property that was within the corporate limits of the municipality on the date of the execution of the first contract for any part of the improvement, unless a special improvement district was originally created …
N.D.C.C. § 40-23-19 Assessments on annexed property for previous benefits
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Any property that was outside the corporate limits of the municipality at the time of contracting for an improvement, which is benefited by the improvement and is subsequently annexed to the municipality, may be assessed for the improvement subject to the same conditions and by t…
N.D.C.C. § 40-23-20 Equalization of original assessments
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In any assessment proceedings under sections 40-23-17 through 40-23-21 the governing body of the municipality shall have power to direct the cancellation of uncollected installments of special assessments previously levied for the same improvement, and the refund of installments …
N.D.C.C. § 40-23-21 Use of collections of subsequent assessments
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1. All collections of special assessments levied pursuant to sections 40-23-17 through 40-23-21 shall be credited as received to the special fund maintained by the municipality for the payment of any outstanding special improvement warrants, refunding improvement bonds, general o…
N.D.C.C. § 40-23-22 State property subject to special assessments
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Real estate within municipalities of this state owned by the state of North Dakota, other than for highway right-of-way purposes, may be subjected to special assessments for special improvements when benefited by such improvement and the state agency or department having control …
N.D.C.C. § 40-23-23 Assessments for parking improvements
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For any improvement consisting of acquiring or leasing of property and easements and construction of parking lots, ramps, garages, and other facilities for motor vehicles, whether constructed pursuant to chapter 40-22, 40-60, or 40-61 or other law authorizing a municipality to ac…
N.D.C.C. § 40-23-24 Audit of certain special assessment improvements
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If the costs of an improvement determined and assessed under section 40-23-07 or 40-23.1-04 exceed the costs of the work as contained in the engineer's estimate under section 40-22-10 by seventy percent or more, the governing body of the city shall secure an audit of all costs in…
N.D.C.C. § 40-23-25 Future assessments on annexed property
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The special assessment commission shall prepare and file with the city auditor a list of estimated future assessments on property located outside the corporate limits of the city at the time of contracting for an improvement but which the special assessment commission determines …
N.D.C.C. § 40-24-02 Payment of special assessments - Interest
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All special assessments levied under this title may be paid without interest within ten days after they have been approved by the governing body and thereafter shall bear interest at an annual rate not exceeding one and one-half percentage points above the average net annual inte…
N.D.C.C. § 40-24-03 Lien between vendor and vendee of special assessments
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As between a vendor and vendee of real property, unless the purchase contract otherwise provides, the installments of all special assessments for local improvements which are required to be certified and returned to the county auditor in each year shall be and become a lien upon …
N.D.C.C. § 40-24-11 Certification of assessments to county auditor
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Annually, the city auditor shall certify to the county auditor all uncertified installments of assessments which are to be extended upon the tax lists of the municipality for the current year in the manner provided in section 40-24-12. The annual certification shall continue unti…
N.D.C.C. § 40-24-20 Contents of warrants
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Improvement warrants shall state upon their face for what purpose they were issued and the fund from which they are payable and shall be signed by the executive officer and countersigned by the city auditor under the seal of the municipality.
N.D.C.C. § 40-24-21 Warrants may be used as payment to contractor
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Special improvement warrants may be used in making payments on contracts for the improvements for which the special improvement fund was created at not less than the par value thereof.
N.D.C.C. § 40-24-22 Payment and cancellation of warrants by city auditor
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The city auditor shall pay special improvement warrants and the interest coupons appurtenant thereto as they mature and are presented for payment out of the district funds on which they are drawn respectively and shall cancel the warrants when paid, except that definitive improve…
N.D.C.C. § 40-24-24 Validation
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Repealed by S.L. 1981, ch. 277, § 2.
N.D.C.C. § 40-25-03 Foreclosure of property if only special assessment is delinquent
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If there is no delinquent general tax against any parcel of real estate and it is foreclosed for special assessments alone, the notice of foreclosure of tax lien must contain a statement to the effect that the foreclosure is for special assessments. If the foreclosure is made onl…
N.D.C.C. § 40-25-04 Owners of tax sale certificates issued prior to March 17, 1937, not affected
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Repealed by S.L. 1999, ch. 503, § 47. 40-25-05. Failure to have general taxes and special assessments sold separately not negligence of municipality. Repealed by S.L. 1999, ch. 503, § 47.
N.D.C.C. § 40-25-06 Negligence must be proved as fact
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In order to obligate such municipality or other taxing district on any issue of special assessment warrants, on the ground of negligence, the negligence of such municipality or other taxing district must be established and proved as a matter of fact, and in determining such quest…
N.D.C.C. § 40-25-07 Measure of damages when negligence of taxing district shown
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If it is shown that any municipality or other taxing district has been guilty of negligence which will amount to a breach of its duty to holders of special assessment warrants, such municipality or taxing district shall be liable in damages to the holders of the special assessmen…
N.D.C.C. § 40-25-08 Retroactive effect of sections 40-25-05, 40-25-06, and 40-25-07
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Repealed by S.L. 1999, ch. 503, § 47. 40-25-09. Purchase of tax sale certificate by municipality from county - Assignment and redemption. Repealed by S.L. 1999, ch. 503, § 47.
N.D.C.C. § 40-25-10 Tax deed to municipality holding tax sale certificate for general taxes
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Repealed by S.L. 1999, ch. 503, § 47.
N.D.C.C. § 40-26-02 Correcting errors, mistakes, and deficiencies in special assessments
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If errors or mistakes occur in making an assessment in respect to the total cost of the improvement or otherwise, or if there was a deficiency in any assessment, the governing body shall cause additional assessments to be made in the manner provided in section 40-26-03 to supply …
N.D.C.C. § 40-26-03 Reassessment - Regulations governing - Enforcement and collection
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When a special assessment, or any part thereof, as to any lot, lots, or parcels of land assessed under any of the provisions of the laws of this state shall be set aside or declared void by any court for any cause, the governing body, without unnecessary delay, shall cause a reas…
N.D.C.C. § 40-26-05 Supreme court setting aside judgment - Effect - Reassessment
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When any special assessment shall be declared void or shall be set aside by the judgment of the supreme court for a cause affecting other like assessments, all assessments affected may be vacated by a resolution of the governing body of the municipality in which any such assessme…
N.D.C.C. § 40-26-08 Municipality liable generally for deficiencies in special improvement fund
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Whenever all special assessments and all utility revenues and taxes, if any, appropriated and theretofore collected for a special improvement, made under authority of any law authorizing the payment of the cost thereof in whole or in part from special assessments, are insufficien…
N.D.C.C. § 40-27-01 Municipality may issue bonds to purchase special assessment warrants
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A municipality may issue bonds for the purchase of outstanding special assessment warrants of the municipality before or after their maturity, at the best price obtainable, but not exceeding sixty percent of the par value thereof and the interest accrued to the date of purchase. …