Title 11 — Counties
52 chapters · 646 sections in this title.
N.D.C.C. § 11-21-07 Public administrator to prosecute necessary suits
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The public administrator shall institute all manner of suits and prosecutions that may be necessary to recover the property, debts, papers, or other estate of any deceased person or of any minor or incapacitated person when such estate or person is in the administrator's charge o…
N.D.C.C. § 11-21-08 Compensation of public administrator
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The public administrator shall receive the same compensation for services as is allowed by law to executors, administrators, guardians, and conservators unless the court, for special reasons, allows a higher compensation.
N.D.C.C. § 11-21-09 Public administrator not to charge attorney's fees - Penalty
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A public administrator shall not charge a fee as an attorney in the administration of the estates of decedents of which the public administrator shall be the administrator. Any person who shall violate this section is guilty of an infraction. 11-21-10. Public administrator to act…
N.D.C.C. § 11-21-11 Civil officers to inform public administrator as to property
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All civil officers shall inform the public administrator of all property and estate known to them which is liable to loss, waste, or injury and which, by law, ought to be in the hands of the public administrator.
N.D.C.C. § 11-21-12 Giving notice on taking charge of estate - Penalty for failure
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The public administrator, immediately upon taking charge of any estate except one over which the administrator has taken charge under the order of the district court for the purpose of administering the same, shall file in the office of the district court a notice that the admini…
N.D.C.C. § 11-21-13 Court may order public administrator to account to successors
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The district court, at any time and for good cause shown, may order the public administrator to account for and deliver all money, property, or papers belonging to an estate in the administrator's hands, to the administrator's successor in office, to the heirs of the estate, or t…
N.D.C.C. § 11-21-14 Removal from office
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The public administrator may be removed from office in the same manner and for the same reasons as other public officers may be removed except that for the reasons specified in sections 11-21-03 and 11-21-12 a public administrator may be removed summarily upon the motion of the j…
N.D.C.C. § 11-22-02 Treasurer's receipt - Special funds provided for deposits
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The county treasurer shall deliver a receipt to the officer making a deposit under the provisions of this chapter and shall deliver a copy of each such receipt to the county auditor immediately. The treasurer shall place the sum deposited in a special fund provided for that purpo…
N.D.C.C. § 11-22-03 Deposit of special funds by county treasurer
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Any special fund deposited with the county treasurer under the provisions of this chapter shall be deposited by the county treasurer as other public funds are deposited, and any interest collected or accruing on moneys in any such fund placed on time deposit shall be credited to …
N.D.C.C. § 11-22-04 How special funds are disbursed
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Moneys deposited under the provisions of this chapter shall be disbursed only upon the order of the county auditor based upon the order of the officer making the deposit or of that officer's successor in office. If the deposit is made in the form of a check or draft, the county t…
N.D.C.C. § 11-22-05 Neglect of duty - Liability
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If an officer identified in section 11-22-01 fails to deposit with the county treasurer money which the officer receives by virtue of the office or makes or delivers, or causes to be made or delivered, any order for the withdrawal of the deposit except to the person, firm, corpor…
N.D.C.C. § 11-23-01 Officers required to furnish commissioners with departmental budget
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1. Every officer in charge of any institution, office, or undertaking supported wholly or in part by the county shall file with the board of county commissioners a departmental budget that is prescribed by the state auditor. The departmental budget must include an itemized statem…
N.D.C.C. § 11-23-03 Notice of meeting to act on county budget
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Repealed by S.L. 2017, ch. 411, § 23.
N.D.C.C. § 11-23-04 Hearing on budget - Taxpayer may appear
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The board of county commissioners shall meet at the time and place designated in the notice prescribed by section 57-15-02.2. Any taxpayer who may appear shall be heard in favor of or against any proposed expenditures or tax levies. When the hearing shall have been concluded, the…
N.D.C.C. § 11-23-05 Computing amount of levy
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The amount which the board of county commissioners shall levy as the county tax shall be computed by adding together the amounts of the annual appropriation and of that part of any special appropriation which is to be raised by taxation and deducting therefrom so much of the prob…
N.D.C.C. § 11-23-06 Expenditure cannot be made in excess of appropriation
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No county expenditure may be made or liability incurred, nor may a bill be paid for any purpose, in excess of the appropriation, except as provided in section 11-23-07.
N.D.C.C. § 11-23-07 Transfer of money from other funds
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If the appropriation for any purpose is not sufficient to meet the expenditures required by law, the county auditor, on the order of the board of county commissioners, may make a transfer to the required fund from any other fund, except from sinking and interest funds set aside t…
N.D.C.C. § 11-23-08 Expenditure when no appropriation made
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Repealed by S.L. 1989, ch. 153, § 3.
N.D.C.C. § 11-23-09 Expenditures - Bills approved - Unexpended balances
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The expenditure of money by a county shall be in accordance with the annual appropriations of the board of county commissioners. All bills in connection with any public office or undertaking shall be approved by the official or officials in charge of the office or undertaking bef…
N.D.C.C. § 11-23-10 Auditor's report of county receipts and expenditures
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At the end of each fiscal year, the county auditor shall render to the board of county commissioners an account of all county receipts and expenditures.
N.D.C.C. § 11-23-11 Penalty for violating county budget provisions
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 11-24-01 Board of county commissioners may provide for copies of plats and plans
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If the board of county commissioners deems it necessary, in order to preserve from mutilation and impairment the plats and plans on file in the office of the recorder, it may cause copies of the originals on file to be made by a competent engineer on sheets of tracing cloth. The …
N.D.C.C. § 11-24-02 Requirements for copies of plats and plans
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The sheets of tracing cloth on which copies of the original plats and plans are made shall be not less than thirty by twenty inches [762.00 by 508.00 millimeters] nor more than thirty-one by twenty-one inches [787.40 by 533.40 millimeters] and shall be lettered in a workmanlike m…
N.D.C.C. § 11-24-03 Written and printed matter on plat to be typewritten and bound
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All descriptions, dedications, and written and printed matter that may be found on the original plats and plans shall be typewritten, properly paged, indexed, and bound in books to correspond with the copies of the plats and plans which serve as negatives. They shall be certified…
N.D.C.C. § 11-24-04 Copies of plats and typewritten copies of descriptions not used by public
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The negatives for the prints and the typewritten copies of the descriptions and dedications shall be filed and not used by the public except by persons authorized by the board of county commissioners to make additional copies.
N.D.C.C. § 11-24-05 Copies of plats and descriptions made for general use
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The engineer who shall make copies of the original plats and plans on file in any county shall furnish for general use one set of the prints, from the negatives, either on paper or cloth. Such prints shall be placed in substantial covers and bound in one or more books. Each book …
N.D.C.C. § 11-24-07 Rate of pay for making copies of plats
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The board of county commissioners shall not pay more than twenty dollars per sheet for copies of original plats and plans. This sum shall include the work necessary for making the negatives, one set of prints, the necessary covers, and two typewritten copies of descriptions and d…
N.D.C.C. § 11-25-01 Warrants - How signed, attested, numbered, and registered
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All warrants upon the county treasurer for claims against the county shall be issued by the county auditor upon the authority of properly audited and allowed claims or orders of the board of county commissioners. Approval by the board of county commissioners shall be recorded in …
N.D.C.C. § 11-25-02 Treasurer to keep record of warrants paid
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Each county treasurer shall keep a record of warrants paid which shall show the number and amount of the warrant, the fund from which paid, and the amount of interest paid thereon.
N.D.C.C. § 11-25-03 Redemption of warrants on which interest due - Duty of treasurer
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When the county treasurer shall redeem any county warrant or shall receive any warrant in payment of taxes on which any interest is due, the treasurer shall note on the warrant or order the amount of interest paid by the treasurer thereon. The treasurer shall enter in the treasur…
N.D.C.C. § 11-25-04 Treasurer to mark warrants redeemed
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When the county treasurer pays any warrant drawn on the treasurer by the county auditor, or when the treasurer takes or receives any warrant or receipt in payment of any tax, the treasurer shall write or stamp on the face of such warrant, order, or receipt the word "redeemed" or …
N.D.C.C. § 11-25-05 Warrants - Cancellation - Description in minutes
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The board of county commissioners, at each regular meeting, may cancel all warrants drawn on any fund of the county which have remained unpaid for a period of one year or more. The board may cancel all warrants which have been subject to payment and which have not been presented …
N.D.C.C. § 11-27-02 Notice of sale when property sold at public sale
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Upon the resolution of the board of county commissioners authorizing the sale of county property at public sale, the county auditor shall cause to be published in the official county newspaper once each week for two consecutive weeks a notice containing a description of the prope…
N.D.C.C. § 11-27-03 Where sale held - Sale to highest bidder
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The sale of county property at public sale shall be held at the office of the county auditor and shall be conducted by the auditor. The property advertised shall be sold to the highest bidder if the highest bid is deemed sufficient by a majority of the members of the board of cou…
N.D.C.C. § 11-27-03.1 Transfer of real property by nonexclusive listing agreements
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As an alternative to public sale under section 11-27-01, the board of county commissioners may by resolution describe the real property of the county which is to be sold; provide a maximum rate of fee, compensation, or commission; and provide that the county reserves the right to…
N.D.C.C. § 11-27-04 Reservation of mineral rights
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Repealed by S.L. 1951, ch. 112, § 1.
N.D.C.C. § 11-27-04.1 County lands may be conveyed to United States free of reservations
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Whenever the United States of America or any of its agencies or agents shall desire or be required to acquire or approve title to lands owned by any county, the board of county commissioners shall have power to convey the same free from any reservation of oil, gas, and minerals a…
N.D.C.C. § 11-27-04.2 Reservations may be released to United States
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Whenever any county shall have conveyed lands to any person and shall have reserved oil, gas, or minerals or rights therein or archaeological materials and the United States of America or any of its agencies or agents shall desire or be required to acquire or approve title to suc…
N.D.C.C. § 11-27-05 Drilling or mining leases by county
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The county, acting by and through the board of county commissioners, may join with the other owner or owners of the mineral rights in any lands in which an interest in such rights has been reserved by the county in making any standard or reasonable contract for the drilling, mini…
N.D.C.C. § 11-27-06 When interest of county in lands conveyed
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All the interest of a county in its lands is conveyed when an order is made for the sale by the board of county commissioners and a deed reciting such order is executed in the name of the county by the chairman of the board and signed and acknowledged by the chairman for and on b…
N.D.C.C. § 11-27-07 Proceeds of sale of county property
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The proceeds of the sale of county property shall be paid into the county treasury. Any amounts which may be due to the state or to any city or school district for taxes which have been levied previously against the property, or a just proportion thereof, shall be apportioned and…
N.D.C.C. § 11-27-09 Sale of county lands to United States for national forest purposes
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If any land owned by any county is desired by the United States for national forest purposes, the board of county commissioners of such county may determine and appraise its value and may submit a copy of the appraisal to the proper agency or officer of the United States. If the …
N.D.C.C. § 11-27-09.1 Federal payments for game and fish lands - Allocation within county
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Payments made by the federal government under the provisions of Public Law No. 88-523 [16 U.S.C. 715s] to any county in the state for lands taken by the federal government for game and fish management purposes shall be apportioned by that county's treasurer. Twenty-five percent t…
N.D.C.C. § 11-27-12 Board of county commissioners permitted to exchange lands
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The board of county commissioners of any county in this state may exchange any lands, the title to which has been acquired by tax deed proceedings, for any other lands in the same county, when it is deemed advisable or for the best interests of the county that such exchange be ma…
N.D.C.C. § 11-27-13 Land exchanged transferred by deed
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Upon the making of an exchange of lands for other lands in the county as provided in section 11-27-12, the board of county commissioners and the county auditor may give a deed in the usual form, transferring all the right, title, and interest of the county in or to such lands hel…
N.D.C.C. § 11-28-02 Eligibility for appointment - Term - Vacancy - Compensation
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Any resident citizen of the county, including county, city, and township officers, is eligible for appointment to the board of county park commissioners. Each appointed county park commissioner shall hold office for a term of three years, or until a successor is appointed and qua…
N.D.C.C. § 11-28-03 County auditor, county treasurer, and state's attorney shall serve board
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The county auditor or other official designated by the board shall serve as secretary of the board of county park commissioners and the county treasurer shall serve as treasurer of the board and custodian of all its funds from whatever source received. Such funds shall be placed …
N.D.C.C. § 11-28-04 Organization of board - Quorum - Meetings
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Within twenty days after the appointment of the board of county park commissioners, and within twenty days after any change in its personnel, the board shall meet and shall organize by selecting one of its members as chairman. One-half or more of the members constitutes a quorum …
N.D.C.C. § 11-28-05 Powers and duties of the board of park commissioners
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The board of county park commissioners shall have the power and it shall be its duty to: 1. Sue and be sued in the name of the board. 2. Accept on behalf of the county any and all lands and waters and any and all interests, easements, or rights therein, and any gifts, grants, don…
N.D.C.C. § 11-28-07 Auditing and payment of bills
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All bills incurred by the board of county park commissioners shall be audited and recommended for payment by said board and shall be certified to the county auditor who shall present them for audit and allowance by the board of county commissioners in the same manner as other bil…