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North Dakota Statutes, Title 11

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Title 11, Counties

52 chapters · 662 sections in this title.

All chapters in Title 11662 Ch 11-11, Board of County Commissioners59 Ch 11-01, Names and Boundaries of Counties54 Ch 11-09, County Managership43 Ch 11-10, General Provisions39 Ch 11-15, Sheriff30 Ch 11-03, Division of Counties28 Ch 11-33, County Zoning23 Ch 11-30, Disorganization of Counties21 Ch 11-18, Recorder19 Ch 11-19.1, Medical County Coroner19 Ch 11-14, County Treasurer18 Ch 11-20, County Surveyor18 Ch 11-28.3, Rural Ambulance Service Districts17 Ch 11-27, Transfer of County Property16

662 sections·Filtered byTitle 11✕

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. § 11-28-05.1 Board of county park commissioners authorized to collect user fees and issue evidences of indebtedness in anticipation of user fee revenues

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1. A board of county park commissioners may prescribe and collect user fees for facilities or activities furnished by the county and in anticipation of the collection of such revenues may issue evidences of indebtedness for the purpose of acquiring, constructing, improving, and e…

N.D.C.C. § 11-28-06 County parks and recreation areas funding and county parks and recreation areas capital projects levy by board of county commissioners - Financial reports

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At the time of levying county general fund taxes for other county purposes, the board of county commissioners shall consider the budget statement and levy request of the board of county park commissioners and may fund from revenues derived from county general fund levy authority …

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…

N.D.C.C. § 11-28-08 Publication of rules, regulations, and proceedings

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All rules and regulations governing the use of county parks and recreational areas under the jurisdiction, supervision, control, and management of the board of county park commissioners and all proceedings of said board shall be published in the same manner as the proceedings of …

N.D.C.C. § 11-28-09 Violation of any rule or regulation - Penalty - Injunction

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Violation of any rule or regulation of the board of county park commissioners shall be an infraction, and in addition, the board of county park commissioners shall have remedy by injunction to enjoin the operation or maintenance of any establishment, concession, or activity prohi…

N.D.C.C. § 11-28-10 Police and sheriff to enforce chapter

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It is the duty of all police, the sheriff, and other peace officers to enforce this chapter and of the rules of the board of county park commissioners within their respective jurisdictions.

N.D.C.C. § 11-28-11 Declaration of power - Saving clause

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It is the purpose of sections 11-28-01 through 11-28-11, among other things, to ensure to the people of the state that the bodies of water, parks, and recreational areas created by public agencies in whole or in part with public funds for the use and enjoyment of the public shall…

N.D.C.C. § 11-30-01 Counties may disorganize - Petition

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Whenever the board of county commissioners of any county having a population of less than four thousand inhabitants is petitioned so to do by twenty percent of the qualified electors of such county, as determined by the vote cast for the office of governor at the last preceding g…

N.D.C.C. § 11-30-02 Filing petition - Notice to state auditor

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The petition shall be filed with the county auditor who shall note thereon the date of filing. Not later than ten days thereafter, the county auditor shall send a written notice thereof by registered or certified mail to the state auditor.

N.D.C.C. § 11-30-03 State auditor to make audit of financial conditions - Contents of audit

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Within thirty days of the receipt of the registered or certified notice of the filing of a petition for the disorganization of a county, the state auditor shall make and complete an audit of the finances of the petitioning county and shall file an original and duplicate copy of t…

N.D.C.C. § 11-30-04 Notice of election - How given

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The county auditor shall publish notice of the election in the official newspaper of the county once each week for at least four successive weeks prior to the election. The notice shall contain the date of the election, a statement that the proposition to be voted on will be: "Sh…

N.D.C.C. § 11-30-05 Ballot - Form

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The ballot to be used in an election held under this chapter shall be in substantially the following form: Shall the county of __________ (name of county) be disorganized and become an unorganized county? Yes ☐ No ☐

N.D.C.C. § 11-30-06 Canvass of votes and return

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The votes polled upon the question of disorganizing the county shall be canvassed and returned in the manner provided for canvassing other votes polled at the same election.

N.D.C.C. § 11-30-07 Vote required - Manner and time of disorganization

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Within ten days after the filing of the findings and certificates of the canvassing board on the question of disorganization, the county auditor shall send a correct and duly certified abstract of the votes polled to the secretary of state. If fifty-five percent or more of all th…

N.D.C.C. § 11-30-08 Governor to designate county to which unorganized county attached - Purposes of attachment

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After the result of the election is proclaimed, but not before December fifteenth nor later than December thirty-first following, the governor, by proclamation, shall designate an adjoining organized county to which the unorganized county shall be attached for judicial, record, a…

N.D.C.C. § 11-30-09 All offices abolished in disorganized county - Compensation of officers of disorganized county

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All appointive officers in the service of the county and all elected county officers shall be deemed to be county officers for the purposes of this section. All county offices of an organized county shall be abolished when such county becomes an unorganized county. Payments equiv…

N.D.C.C. § 11-30-10 Officers of organized county act in unorganized county

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All the officers and employees of the adjoining organized county to which a disorganized county is attached shall possess the same powers and jurisdiction with respect to, and within, the unorganized county as they possess with respect to and within their own county except as suc…

N.D.C.C. § 11-30-11 Officers of organized county bonded for benefit of unorganized county

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The officers and employees of the organized county to which the disorganized county is attached shall be bonded automatically in the state bonding fund as provided by law for the benefit of the disorganized county in the amounts for which the corresponding officers of the disorga…

N.D.C.C. § 11-30-12 Compensation of officers of organized county

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Each elected officer of the organized county to which a disorganized county is attached shall receive as compensation from the unorganized county for services rendered to it the sum of thirty dollars per annum for each one thousand inhabitants, or major fraction thereof, of the u…

N.D.C.C. § 11-30-13 Records, property, and money of disorganized county transferred to organized county

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Within fifteen days following the governor's proclamation, all the county officers of the county to be disorganized shall remove all files, records, books, papers, equipment, fixtures, furniture, and other personal property to the courthouse of the organized county to which the u…

N.D.C.C. § 11-30-14 Title to property vests in organized county as trustee - Use of property - Separate accounts kept

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Title to all files, records, books, papers, equipment, fixtures, furniture, moneys, and other property possessed by the unorganized county, or in its name, upon the date of its disorganization, or thereafter acquired by it, shall be vested in the adjoining organized county to whi…

N.D.C.C. § 11-30-15 Unorganized county in same judicial district as organized county

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An unorganized county shall be in the same judicial district as the organized county to which it is attached.

N.D.C.C. § 11-30-16 Actions transferred to courts of adjoining county

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All actions or suits of every nature that have been filed or are pending in any of the courts of the unorganized county on January first following the governor's proclamation, or that thereafter may arise or be instituted, must be transferred, brought, and tried in the courts of …

N.D.C.C. § 11-30-17 Notices - How posted and published in unorganized county

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All official and judicial notices relating to matters within the unorganized county shall be posted within such unorganized county in the manner provided for posting notices in organized counties. Published notices shall be published in a newspaper within the unorganized county, …

N.D.C.C. § 11-30-18 Unorganized county remains in same legislative district

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The unorganized county shall remain in the legislative district of which it was a part at the time of disorganization and shall have the same representation in the legislative assembly as it had prior to disorganization.

N.D.C.C. § 11-30-19 Levy of taxes in an unorganized county - Funds of unorganized county to be kept in separate fund

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Sufficient taxes to pay the debts of the unorganized county and to furnish the necessary public services therein shall be levied within the unorganized county by the adjoining county to which the unorganized county is attached in the manner provided for the levy of taxes in organ…

N.D.C.C. § 11-30-20 Trial of criminal cases after disorganization

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All criminal cases transferred from a disorganized county to an adjoining organized county shall be tried by a jury drawn in the manner provided by the laws of this state from the qualified jurors residing within the limits of the territory which had constituted the disorganized …

N.D.C.C. § 11-30-21 Liability of disorganized county on existing obligations - Municipal organizations - Issuance of bonds - Compromises

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The disorganization of a county shall not affect its liability upon contracts or otherwise and shall not affect the organization of school districts, townships, and municipalities within the territory contained in the disorganized county. The board of county commissioners of the …

N.D.C.C. § 11-31-01 County highway engineer

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The board of county commissioners of any county in this state may at the discretion of the board employ a qualified county highway engineer at any time or the office of county highway engineer may be created in any county in this state by an election duly held.

N.D.C.C. § 11-31-01.1 Election for creation or termination of office of county highway engineer

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Upon the filing with the county auditor of a petition signed by not less than five percent of the qualified electors of the county as determined by the total number of votes cast in the last election, representing not less than seven percent of the voting precincts of the county,…

N.D.C.C. § 11-31-02 Qualification and employment basis

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The person employed or appointed as county highway engineer must be a duly qualified highway engineer. The compensation and other terms of service of such engineer shall be determined by the board of county commissioners and may be on a monthly or a per diem basis. Several counti…

N.D.C.C. § 11-31-03 Powers and duties

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Under the direction and supervision of the board of county commissioners, the county engineer shall: 1. Design and make plans for county and township highways. 2. Set up a comprehensive plan of county highways, showing by the use of maps, existing roads, operations in progress, a…

N.D.C.C. § 11-31-04 Manner of payment of compensation

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Payment for the work actually performed by the county engineer may be made out of the county road and bridge fund or the general funds of the county upon certified vouchers showing the time actually expended and the contract price agreed upon. Such vouchers shall be filed with th…

N.D.C.C. § 11-32-01 County commissioners authorized to erect a memorial or memorials or other suitable recognition - To make levy

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1. The board of county commissioners of any county in this state is hereby authorized to erect a memorial or memorials, or other suitable recognition, in commemoration of the people of the county who rendered services, or who lost their lives in the service of their country durin…

N.D.C.C. § 11-32-02 A memorial fund created - How expended

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Funds provided to be raised in accordance with section 11-32-01 shall be designated as the memorial fund and shall be kept separate and distinct from other moneys by the county treasurer and shall be expended by and under the direction and control of the board of county commissio…

N.D.C.C. § 11-32-03 May join with cities, school districts, and other agencies in erection and operation

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The board of county commissioners, in carrying out the provisions of sections 11-32-01 and 11-32-02, may join with a city, school district, or other public or private nonprofit corporation or agency, or any or all of same, in the erection and operation of said memorial, or memori…

N.D.C.C. § 11-33-01 County power to regulate property

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For the purpose of promoting health, safety, morals, public convenience, general prosperity, and public welfare, the board of county commissioners of any county may regulate and restrict within the county, subject to chapter 54-21.3, the location and the use of buildings and stru…

N.D.C.C. § 11-33-02 Board of county commissioners to designate districts - Uniformity

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For any or all of the purposes designated in section 11-33-01, the board of county commissioners may divide by resolution all or any parts of the county, subject to section 11-33-02.1 into districts of such number, shape, and area as may be determined necessary, and likewise may …

N.D.C.C. § 11-33-02.1 Farming and ranching regulations - Requirements - Limitations - Definitions

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1. For purposes of this section: a. "Animal feeding operation" means a lot or facility, other than normal wintering operations for cattle and an aquatic animal production facility, where the following conditions are met: (1) Animals, other than aquatic animals, have been, are, or…

N.D.C.C. § 11-33-03 Object of regulations

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These regulations shall be made in accordance with a comprehensive plan and designed for any or all of the following purposes: 1. To protect and guide the development of nonurban areas. 2. To provide for emergency management, including floodplain management as provided under sect…

N.D.C.C. § 11-33-04 County planning commissions authorized - Membership

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The board of county commissioners of any county desiring to avail itself of the powers conferred by this chapter shall establish, by resolution, a county planning commission to recommend the boundaries of the various county zoning districts and appropriate regulations and restric…

N.D.C.C. § 11-33-05 Meetings - Officers

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The commission shall meet within thirty days after its appointment and elect a chairman and other necessary officers from its membership. The commission may adopt rules and bylaws not inconsistent with the provisions of this chapter. A majority of the members of the commission co…

N.D.C.C. § 11-33-06 Investigations

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The county planning commission in conjunction with the township boards of the affected areas shall investigate and determine the necessity of establishing districts and prescribing regulations therefor, as herein provided; and, for that purpose, shall consult with residents of af…

N.D.C.C. § 11-33-07 County planning commission to prepare plan

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After investigation, as herein provided, the county planning commission shall prepare a proposed resolution to be submitted to the board of county commissioners establishing districts and prescribing regulations therefor, as herein provided, which shall be filed in the office of …

N.D.C.C. § 11-33-08 Hearings

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After the filing of the proposed resolution, the county planning commission shall hold a public hearing thereon, at which the proposed resolution shall be submitted for discussion, and parties in interest and citizens shall have an opportunity to be heard. Notice of the time, pla…

N.D.C.C. § 11-33-09 Publication of resolutions - Effective date

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Following the public hearing, the board of county commissioners may adopt the proposed resolutions or any amendments thereto, with such changes as it may deem advisable. Upon adoption of any resolution or any amendment thereto, the county auditor shall file a certified copy there…