52 chapters · 646 sections in this title.
N.D.C.C. § 11-28.1-09 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 county auditor. 11-28.1-10…
N.D.C.C. § 11-28.1-11 Aggrieved person may file notice of appeal
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Prior to the meeting at which the board of county commissioners will act upon the assessment, any aggrieved person may appeal from the action of the special assessment commission by filing with the county auditor a written notice of the appeal, stating therein the grounds upon wh…
N.D.C.C. § 11-28.1-14 Use of collections of assessments
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All collections of special assessments levied pursuant to this chapter shall be credited as received to the special fund maintained by the county for the payment of any obligations for which the assessments were levied.
N.D.C.C. § 11-28.1-15 Board of county park commissioners may contract - Contents
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Any board of county park commissioners may contract with one or more political subdivisions for the participation in or the performance of police protection and garbage removal services in accordance with section 54-40-08. Any such contract shall set forth fully the purpose, powe…
N.D.C.C. § 11-28.1-16 Service assessment funds and the disbursements thereof
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The provisions of chapter 40-24 shall be followed in the collection and disbursement of the funds to be collected to cover the cost of operating a service district; provided, however, that nothing in chapter 40-24 shall limit the length of time for which assessments for police pr…
N.D.C.C. § 11-28.2-01 Establishment of recreation service districts - Petition - Purpose
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The board of county commissioners of any county, at any meeting of the board, by majority vote of all of the members may, upon the petition of ten percent of the individuals who qualify under section 11-28.2-03 as voters of an area to be included within a proposed recreation serv…
N.D.C.C. § 11-28.2-02 Meetings of recreation service districts - Election of board
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The first meeting of the recreation service district must be held within thirty days after the district is organized at a time and place designated by the board of county commissioners. At the meeting, the qualified voters, as defined in section 11-28.2-03, shall elect not less t…
N.D.C.C. § 11-28.2-03 Qualifications of voters and commissioners
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In order that there may be a fair representation of property owners and residents of the recreation service district, a person eighteen years of age and older may qualify as a voter for purposes of this chapter by presenting adequate proof or by signing a proper affidavit that th…
N.D.C.C. § 11-28.2-04 Powers of recreation service districts - Levying of special assessments
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Each recreation service district established under this chapter may provide services, which may include police protection, sewer and water, garbage removal services, and public road construction and maintenance, in addition to those provided by the local governing body or other a…
N.D.C.C. § 11-28.2-04.2 Powers of recreation service districts - General tax levy
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The board of recreation service district commissioners of a recreation service district created under the provisions of this chapter may, upon proper resolution of the board, levy a tax for general purposes not exceeding the limitation in section 57-15-26.1.
N.D.C.C. § 11-28.2-05 Dissolution of recreation service districts
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Any recreation service district shall be dissolved upon a vote of a majority of the qualified voters in the district, provided that such district has no outstanding indebtedness. Any funds remaining upon the dissolution of a recreation service district shall be deposited in the g…
N.D.C.C. § 11-28.2-06 Annexation by petition of owners
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Upon a written petition signed by the owner of any property within one-quarter mile [402.34 meters] of the recreational waters of the area or to the areas of land dedicated to public use for recreational purposes or contiguous to that area and not embraced within the limits of th…
N.D.C.C. § 11-28.2-07 Petition of owners - Annexation
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If the recreation service district annexes the area, it shall do so by resolution. When a copy of the resolution and an accurate map of the annexed area, certified by the chairman of the board of commissioners, are filed and recorded with the county recorder, the annexation becom…
N.D.C.C. § 11-28.2-08 Annexation by resolution of district
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The board of commissioners of a recreation service district may adopt a resolution to annex territory as follows: 1. The board shall adopt a resolution describing the property to be annexed. 2. The board shall publish the resolution and a notice of the time and place the board wi…
N.D.C.C. § 11-28.3-01 Territory to be organized - Petition
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Whenever fifty qualified electors, or if there are fewer than fifty qualified electors, fifty percent of the qualified electors residing in any rural territory, as defined by the department of health and human services, equivalent in area to one township or more not presently ser…
N.D.C.C. § 11-28.3-02 Election in affected counties
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When a petition is filed in the office of the county auditor pursuant to section 11-28.3-01, the county auditor shall determine and certify that the petition has been signed by at least fifty qualified electors, or if there are fewer than fifty qualified electors residing in the …
N.D.C.C. § 11-28.3-03 Notice of election
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In addition to the usual requirements of notices of election, the notice for an election at which the question provided for in this chapter will be voted upon must include a statement describing the boundaries of the proposed rural ambulance service district, expressed, wherever …
N.D.C.C. § 11-28.3-04 Form of ballot - Vote required to approve
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The ballot on the question of forming a rural ambulance service district must be in substantially the following form: Shall (name of taxing district or districts) levy a tax of not to exceed _______ mills for the purpose of forming a rural ambulance district? Yes ☐ No ☐ If a majo…
N.D.C.C. § 11-28.3-05 Notice by county auditor of meeting to organize district
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If a rural ambulance service district is approved as provided in this chapter or as required by section 23-27-07, the county auditor of the county in which the proposed district is located shall issue notice of a public meeting to organize the rural ambulance service district. Th…
N.D.C.C. § 11-28.3-06 Organization - Board of directors
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1. At the time and place fixed by the county auditor for the public meeting as provided in section 11-28.3-05, the qualified electors present who reside within the boundaries of the district shall proceed to organize the district. Permanent organization must be effected by the el…
N.D.C.C. § 11-28.3-07 Regular meeting to be held - Special meeting
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An annual meeting of the electors who reside within the boundaries of a district must be held in the first quarter of each calendar year. The secretary-treasurer shall give notice of the annual meeting by one publication in a legal newspaper of general circulation in each county …
N.D.C.C. § 11-28.3-08 Powers of board of directors
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The board of directors shall have the following general powers to: 1. Develop a general emergency medical service program for the district. 2. Make an annual estimate of the probable expense of carrying out the program. 3. Annually certify that estimate to the proper county audit…
N.D.C.C. § 11-28.3-09 Emergency medical service policy - Levy - Financial report
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1. The board of directors shall establish a general emergency medical service policy for the district and annually shall estimate the probable expense for carrying out that policy. The estimate must be certified by the president and secretary to the proper county auditor or count…
N.D.C.C. § 11-28.3-10 Indebtedness of district limited
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No district shall become indebted for an amount that may not be payable from ninety percent of twenty times the current annual maximum tax levy as authorized by section 11-28.3-09. Within the limits herein authorized, the district may borrow money and issue appropriate evidence o…
N.D.C.C. § 11-28.3-11 Funds collected to be deposited
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All funds collected on behalf of the district through the levy of taxes, all donations, contributions, bequests, or annuities, and all borrowed money received by or on behalf of the district shall be deposited in a state or national bank to the credit of the district account and …
N.D.C.C. § 11-28.3-12 Rural ambulance service district may enter contract
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Any rural ambulance service district may enter a contract with another rural ambulance service district, or other emergency service operation, to consolidate or cooperate for mutual ambulance services or emergency vehicle services, or may enter a contract with any federal, state,…
N.D.C.C. § 11-28.3-13 Boundaries of rural ambulance service district - Dissolution of the district
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The boundaries of any rural ambulance service district organized under this chapter may be changed in the manner prescribed by section 11-28.3-15 or 11-28.3-16, but a change in the boundary of a district does not impair or affect its organization or its right in or to property; n…
N.D.C.C. § 11-28.3-14 Payments by certain organizations
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Any property tax-exempt club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within a rural ambulance service district and outside the boundaries of any city shall pay to the board of directors of the district annually f…
N.D.C.C. § 11-28.3-15 Territory to be annexed
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1. Any territory adjacent to the boundary of an existing ambulance district may be annexed to the district. If the territory to be annexed is within the designated service area as established under subsection 1 of section 23-27-01, the board, upon its own motion, may annex the te…
N.D.C.C. § 11-28.3-16 Withdrawal from ambulance service district - Restrictions
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1. Any elector who resides in an area subject to a mill levy under section 11-28.3-09 and wishes to withdraw from the ambulance service district may do so if the territory to be withdrawn from the district: a. Borders on the outer boundary of the district; and b. Has a written ag…
N.D.C.C. § 11-28.3-17 Discharge of financial obligations
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1. The territory to be withdrawn, exempted, or dissolved from the district under this chapter remains subject to and chargeable for the payment and discharge of the proportion of obligations outstanding at the time of the withdrawal, exemption, or dissolution. The taxable valuati…
N.D.C.C. § 11-33.2-01 Subdivision defined
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For the purposes of this chapter, unless the context otherwise requires, "subdivision" means the division of a lot, tract, or parcel of land, creating one or more lots, tracts, or parcels for the purpose, whether immediate or future, of sale or of building development, and any pl…
N.D.C.C. § 11-33.2-02 County power to regulate subdivision
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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 is hereby empowered to regulate and restrict within the county the subdivision of land. This chapter shall not serve to…
N.D.C.C. § 11-33.2-03 Scope of county authority
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County regulation of subdivisions pursuant to the provisions of this chapter shall in no way affect subdivisions within the corporate limits, or within the area of application of extraterritorial zoning jurisdiction adopted pursuant to section 40-47-01.1, of any city. Additionall…
N.D.C.C. § 11-33.2-04 Preparation of subdivision resolution - Contents
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The board of county commissioners of any county desiring to avail itself of the powers conferred by sections 11-33.2-01 through 11-33.2-11 and sections 11-33.2-13 through 11-33.2-15 shall direct the county planning commission, as established pursuant to sections 11-33-04 and 11-3…
N.D.C.C. § 11-33.2-05 Public hearing - Notice
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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. § 11-33.2-06 Publication of resolution - Effective date
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Following the public hearing, the board of county commissioners may adopt the proposed resolution, with such changes as it may deem advisable. Upon adoption of the resolution, the county auditor shall file a certified copy thereof with the recorder. Immediately after the adoption…
N.D.C.C. § 11-33.2-07 Separate hearings
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Any person aggrieved by any provision of a resolution adopted hereunder, or any amendment thereto, may, within thirty days after the first publication of the notice of adoption of the resolution or amendment, petition for a separate hearing before the board of county commissioner…
N.D.C.C. § 11-33.2-08 Board may adjust enforcement of resolution
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The board of county commissioners is authorized to adjust the application or enforcement of any provision of a resolution hereunder in any specific case when a literal enforcement of such provision would result in great practical difficulties, unnecessary hardship, or injustice, …
N.D.C.C. § 11-33.2-09 Appeals to district court
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Any person, or persons, jointly or severally, aggrieved by a decision of the board of county commissioners under this chapter, or any resolution or amendments adopted hereunder, may appeal to the district court in the manner provided in section 28-34-01.
N.D.C.C. § 11-33.2-10 Board to enforce chapter
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The board of county commissioners shall provide for the enforcement of this chapter and of any resolution and amendments adopted hereunder, and may impose enforcement duties on any officer, department, agency, or employee of the county.
N.D.C.C. § 11-33.2-11 Board may approve plats - Appropriate money
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The board of county commissioners may approve plats as a prerequisite to the subdivision of land subject to the provisions of this chapter and may establish and collect reasonable fees therefor. The fees collected must be credited to the general fund of the county. The board of c…
N.D.C.C. § 11-33.2-12 Effect of approval of plats
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If a county requires approval of plats as a prerequisite to the subdivision of land, whether such requirement be adopted in compliance with this chapter, or be adopted, whether prior to or subsequent to July 1, 1981, pursuant to other authority, from and after July 1, 1981: 1. No…
N.D.C.C. § 11-33.2-13 Remedies to effect completion of improvements
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In the event that any public improvements which may be required to be installed by the subdivider have not been installed as provided in the subdivision resolution or in accordance with the plat as finally approved, the board of county commissioners is hereby granted the power to…
N.D.C.C. § 11-33.2-14 Recording plat
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Upon final approval of a plat as required under this chapter, the subdivider shall record the plat in the office of the recorder of the county wherein the plat is located. Whenever plat approval is required by a county, the recorder shall not accept any plat for recording unless …
N.D.C.C. § 11-33.2-15 Penalty and remedies
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Any person, partnership, corporation, or limited liability company who or which, being the owner or agent of the owner of any lot, tract, or parcel of land, shall lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or other improvements for …