N.D. Cent. Code § 11-09.1-05 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-05
11-09.1-05. Powers
Status: in_force

11-09.1-05. Powers

After the filing with the secretary of state of a charter approved in reasonable conformity

with this chapter, the county and its citizens may, if included in the charter and implemented

through ordinances:

1. Acquire, hold, operate, and dispose of property within or without the county limits, and,

subject to chapter 32-15, exercise the right of eminent domain for those purposes.

2. Control its finances and fiscal affairs; appropriate money for its purposes, and make

payments of its debts and expenses; contract debts, borrow money, issue bonds,

warrants, and other evidences of indebtedness; establish charges for any county or

other services to the extent authorized by state law; and establish debt limitations.

3. Levy and collect property taxes and special assessments for benefits conferred, for its

public and proprietary functions, activities, operations, undertakings, and

improvements, and establish mill levy limitations. Notwithstanding any authority

granted under this chapter, all property must be assessed in a uniform manner as

prescribed by the state board of equalization and the state supervisor of assessments

and all taxable property must be taxed by the county at the same rate unless

otherwise provided by law. A charter or ordinance or act of a governing body of a home

rule county may not supersede any state law that determines what property or acts are

subject to, or exempt from, ad valorem taxes. A charter or ordinance or act of the

governing body of a home rule county may not supersede section 11-11-55.1 relating

to the sixty percent petition requirement for improvements and of section 40-22-18

relating to the barring proceeding for improvement projects.

4. Levy and collect an infrastructure fee. The fee must replace a general special

assessment on all property for payment of infrastructure maintenance costs through a

utility bill issued by the county. The money collected under this subsection may not be

used for any purpose other than infrastructure maintenance costs. If a home rule

county levies an infrastructure fee, the home rule county also may levy and collect

green field special assessments. As used in this subsection:

a. "General special assessments" means special assessments levied for the

purpose of maintaining existing roads and infrastructure and special assessments

levied for the construction or repair of arterial roads and infrastructure that

provide a benefit to the entire community.

b. "Green field special assessments" means special assessments levied for

infrastructure costs associated with the development of agricultural or

undeveloped property.

5. Levy and collect sales and use taxes, farm machinery gross receipts taxes, alcoholic

beverage gross receipts taxes, a county lodging tax, and a county restaurant tax.

Sales and use taxes and gross receipts taxes levied under this chapter:

a. Must conform in all respects with regard to the taxable or exempt status of items

under chapters 57-39.2, 57-39.5, 57-39.6, and 57-40.2 and may not be imposed

at multiple rates with the exception of sales of manufactured homes or mobile

homes.

b. May not be newly imposed or changed except to be effective on the first day of a

calendar quarterly period after a minimum of ninety days' notice to the tax

commissioner or, for purchases from printed catalogs, on the first day of a

calendar quarter after a minimum of one hundred twenty days' notice to the seller.

c. May not be limited to apply to less than the full value of the transaction or item as

determined for state sales and use tax, except for farm machinery gross receipts

tax purposes.

d. Must be subject to collection by the tax commissioner under an agreement under

section 57-01-02.1, with the exception of a county lodging or county restaurant

tax, and must be administered by the tax commissioner in accordance with the

relevant provisions of chapter 57-39.2, including reporting and paying

requirements, correction of errors, payment of refunds, and application of penalty

and interest.

After December 31, 2005, any portion of a charter or any portion of an ordinance or act

of a governing body of a home rule county passed pursuant to a charter which does

not conform to the requirements of this subsection is invalid to the extent that it does

not conform. The invalidity of a portion of a charter or ordinance or act of a governing

body of a home rule county because it does not conform to this subsection does not

affect the validity of any other portion of the charter or ordinance or act of a governing

body of a home rule county or the eligibility for a refund under section 57-01-02.1. Any

taxes imposed under this chapter on farm machinery, farm irrigation equipment, and

farm machinery repair parts used exclusively for agricultural purposes, or on alcoholic

beverages, which were in effect on December 31, 2005, become gross receipts taxes

after December 31, 2005. Ordinances enacted after August 1, 2017, may not allow for

the collection and levy of any tax not otherwise specified under this section.

6. Provide for county elected and appointed officers and employees, their selection,

powers, duties, qualifications, and compensation, and the terms of county appointed

officers and employees. However, after adoption of a home rule charter, a county

elected office may not be eliminated or combined with another office except upon

approval of a majority of the electors of the county voting upon the question at a

primary or general election or pursuant to the county officer combination, separation,

or redesignation procedures of chapter 11-10.2. A home rule charter may not diminish

the term of office for which a current county officer was elected, redesignate that

elected office during that term as appointed, or reduce the salary of the office for that

term. This subsection does not authorize a county to redesignate the elected offices of

sheriff and state's attorney as appointed, except as provided in section 11-10-02.3.

7. Provide for the adoption, amendment, repeal, initiative, referral, enforcement, and civil

and criminal penalties for violation of ordinances, resolutions, and regulations to carry

out its governmental and proprietary powers and to provide for public health, safety,

morals, and welfare. This subsection does not confer any authority to regulate any

industry or activity regulated by state law or by rules adopted by a state agency. This

subsection is subject to the provisions of section 62.1-01-03.

8. Lay out or vacate public grounds, and provide through its governing body for the

construction, use, operation, designation, and regulation of a county road system.

9. Provide for zoning, planning, and subdivision of public or private property within the

county limits but outside the zoning authority of any city or organized township. This

subsection is subject to the provisions of section 62.1-01-03.

10. Exercise in the conduct of its affairs all powers usually exercised by a corporation.

11. Contract with and receive grants from any other governmental entity or agency, with

respect to any local, state, or federal program, project, or works.

The people of all counties coming within this chapter have the full right of self-government in

all matters within the powers enumerated in this chapter. The statutes of this state, so far as

applicable, continue to apply to counties, except as superseded by the charters of the counties

or by ordinances passed pursuant to the charters.
N.D. Cent. Code § 11-35-01 — ND Code / Title 11 / Chapter 11-35 / Section 11-35-01
11-35-01. Regional commissions - Appointment - Powers
Status: in_force

11-35-01. Regional commissions - Appointment - Powers

The governing boards of counties, cities, and organized townships may cooperate to form,

organize, and administer a regional planning and zoning commission for the region defined as

may be agreed upon by the governing bodies of such political subdivisions. The regional

commission membership shall consist of five members, namely, one from the board of county

commissioners, two from the rural region affected, and two from the city, the members from

each to be appointed by the respective governing boards. The proportion of cost of regional

planning, zoning, studies, and surveys to be borne respectively by each of the said political

subdivisions in the region must be such as may be agreed upon by their governing boards. The

regional commissions, when requested by the governing board of a political subdivision in its

region, may exercise any of the powers which are specified and granted to counties, cities, or

organized townships in matters of planning and zoning. Upon organization of such commission,

publication and hearing procedures must be conducted pursuant to sections 11-33-08 and
N.D. Cent. Code § 11-04-13 — ND Code / Title 11 / Chapter 11-04 / Section 11-04-13
11-04-13. City recognized as county seat - Removal and relocation
Status: in_force

11-04-13. City recognized as county seat - Removal and relocation

When a city or unincorporated townsite has been recognized as the county seat of a county

for more than ten years and when all of the public business required by law to be transacted at

the county seat has been transacted at said place during the period of ten years last past, such

city or unincorporated townsite shall be deemed to be the county seat of the county and can be

removed only in the manner provided in this chapter. This statute is not to be in any way

construed to bar the temporary emergency relocation of county government, or to affect the

legality of lawful operations, acts, and functions of county government, while such government

is temporarily relocated at a predesignated emergency relocation site or sites under authority of,

approved by, and as directed by the board of county commissioners, a majority of the members

concurring therein as to emergency relocation and the return of county government to the

normal seat of county government.
N.D. Cent. Code § 11-09-16 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-16
11-09-16. Directors of departments appointed
Status: in_force

11-09-16. Directors of departments appointed

The county manager in a county adopting a county manager form of government shall

appoint a director for each department provided for or authorized by section 11-09-15. With the

consent of the board of county commissioners, the manager may act as the director of one or

more departments or appoint one director for two or more departments.
N.D. Cent. Code § 11-18-20 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-20
11-18-20. Card to be used in submitting information to county recorders
Status: repealed

11-18-20. Card to be used in submitting information to county recorders

Repealed by S.L. 1995, ch. 455, § 8.
N.D. Cent. Code § 11-15-22 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-22
11-15-22. Service of process on sheriff
Status: in_force

11-15-22. Service of process on sheriff

In all actions or proceedings to which the sheriff is a party, by virtue of office or otherwise,

the coroner or other peace officer of the county may serve all necessary process on the sheriff

and make return thereon, and the return of the officer making service has the same credit as a

sheriff's return. The officer shall receive the same fees as a sheriff receives for like services.
N.D. Cent. Code § 11-11-07 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-07
11-11-07. Quorum - Tie vote defers decision
Status: in_force

11-11-07. Quorum - Tie vote defers decision

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 matter shall

be decided by a majority of the members of the board.
N.D. Cent. Code § 11-13-16 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-16
11-13-16. When county auditor may call special election
Status: in_force

11-13-16. When county auditor may call special election

Whenever the board of county commissioners fails or refuses to call a special election

required by any law of this state, the county auditor may provide for and call such election upon

the petition of a majority of the qualified electors of the county as determined by the poll list of

the last preceding general election.
N.D. Cent. Code § 11-09-11 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-11
11-09-11. Manager and officers attend meetings of board of county commissioners
Status: in_force

11-09-11. Manager and officers attend meetings of board of county commissioners

The county manager, and in a county adopting a county manager form of government, the

directors of all departments, and all other officers of the county shall be entitled to be present at

all sessions of the board of county commissioners. The manager shall have the right to present

the manager's views on all matters coming before the board, and the directors and other

officers, whether elective or appointive, shall be entitled to present their views relating to their

respective departments or offices.
N.D. Cent. Code § 11-05-20 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-20
11-05-20. Board of county commissioners of adjoining county to redistrict new county
Status: repealed

11-05-20. Board of county commissioners of adjoining county to redistrict new

county.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-13-13 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-13
11-13-13. Auditor's record of transfer of title to real property
Status: repealed

11-13-13. Auditor's record of transfer of title to real property

Repealed by S.L. 1995, ch. 111, § 3.
N.D. Cent. Code § 11-15-18 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-18
11-15-18. Liability for failure to make return
Status: in_force

11-15-18. Liability for failure to make return

Except as otherwise provided by law or order of the court, if the sheriff does not return a

notice or process with the necessary endorsement thereon without delay, or within the time limit

required by law, the sheriff is liable to the party aggrieved for all damages sustained by that

party.
N.D. Cent. Code § 11-22-05 — ND Code / Title 11 / Chapter 11-22 / Section 11-22-05
11-22-05. Neglect of duty - Liability
Status: in_force

11-22-05. Neglect of duty - Liability

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, corporation, or

limited liability company entitled to receive the same, that officer shall be liable upon that

officer's bond to any person suffering loss thereby.
N.D. Cent. Code § 11-16-01 — ND Code / Title 11 / Chapter 11-16 / Section 11-16-01
11-16-01. Duties of the state's attorney
Status: in_force

11-16-01. Duties of the state's attorney

1. The state's attorney is the public prosecutor, and shall:

a. Attend the district court and conduct on behalf of the state all prosecutions for

public offenses.

b. Institute proceedings before magistrates for the arrest of persons charged with or

reasonably suspected of public offenses when the state's attorney has

information that such offenses have been committed, and for that purpose, when

the state's attorney is not engaged in criminal proceedings in the district court, the

state's attorney shall attend upon the magistrates in cases of arrests when

required by them except in cases of assault and battery and petit larceny.

c. Attend before, and give advice to, the grand jury whenever cases are presented

to it for consideration.

d. Draw all indictments and informations.

e. Defend all suits brought against the state or against the county.

f. Prosecute all bonds forfeited in the courts of record of the county and prosecute

all actions for the recovery of debts, fines, penalties, and forfeitures accruing to

the state or to the county.

g. Deliver duplicate receipts for money or property received in the state's attorney's

official capacity and file copies thereof with the county auditor.

h. On the first Monday of January, April, July, and October in each year, file with the

county auditor an account, verified by the state's attorney's oath, of all money

received by the state's attorney in an official capacity in the preceding three

months, and at the same time, pay it over to the county treasurer.

i. Give, when required and without fee, the state's attorney's opinion in writing to

the county, district, township, and school district officers on matters relating to the

duties of their respective offices.

j. Keep a register of all official business in which must be entered a note of each

action, whether civil or criminal, prosecuted officially, and of the proceedings

therein.

k. Act as legal adviser of the board of county commissioners, attend the meetings

thereof when required, and oppose all claims and actions presented against the

county which are unjust or illegal.

l. Institute an action in the name of the county to recover any money paid upon the

order of the board of county commissioners without authority of law as salary, fee,

or for any other purpose, or any money paid on a warrant drawn by any officer to

that officer's own order or in favor of any other person without authorization by the

board of county commissioners or by law.

m. Institute an action in the name of the county to restrain the payment of any money

described in any order or warrant of the kind described in subsection 13 when the

state's attorney secures knowledge of such order or warrant before the money is

paid thereon.

n. Assist the district court in behalf of the recipient of payments for child support or

spousal support combined with child support in all proceedings instituted to

enforce compliance with a decree or order of the court requiring such payments.

o. Institute proceedings under chapter 25-03.1 if there is probable cause to believe

that the subject of a petition for involuntary commitment is a person requiring

treatment.

p. Institute and defend proceedings under sections 14-09-12 and 14-09-19 and

chapters 14-15, 27-20.1, 27-20.2, 27-20.3, 27-20.4, and 50-01 upon consultation

with the human service zone director or the commissioner of the department of

health and human services or designee.

q. Act as the legal advisor and represent a human service zone as set forth in a plan

approved under section 50-01.1-03. The state's attorney within the human service

zone, by way of agreement, shall designate a singular state's attorney's office,

within or outside the human service zone, to act as legal advisor of the human

service zone. The host county state's attorney shall serve as the legal advisor if

no agreement is reached. The agreement may not limit a state's attorney's

individual discretion in court filings and representation.

r. Act as the legal advisor and represent the human service zone regarding

employer actions, including grievances and appeals, taken against the human

service zone team member. The state's attorney of the county by which the

human service zone team member is employed shall act as the legal advisor of

the human service zone, unless a different agreement is established by the

affected state's attorney.

2. The state's attorney may not require any order of the board of county commissioners

to institute an action under subdivision l or m of subsection 1.
N.D. Cent. Code § 11-09-08 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-08
11-09-08. Board of county commissioners - Election - Term of office - Vacancies
Status: in_force

11-09-08. Board of county commissioners - Election - Term of office - Vacancies

In a county adopting any form of county managership, the board of county commissioners

shall consist of three or five members as is provided by general statute. Members of the board

of county commissioners holding office when any form of county managership goes into effect

shall continue in office until the expiration of their terms. Thereafter, county commissioners shall

be elected in the manner provided by general statute.
N.D. Cent. Code § 11-19.1-01 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-01
11-19.1-01. Definitions
Status: in_force

11-19.1-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Autopsy" means the inspection or dissection of a deceased human body and

retention of organs, tissue, or fluids for diagnostic, educational, public health, or

research purposes.

2. "Casualty" means death arising from accidental or unusual means.

3. "City" means a city organized under the laws of this state.

4. "Physician" includes physicians and surgeons licensed under chapter 43-17.

5. "Reportable circumstances" includes one or more of the following factors:

a. Obvious or suspected homicidal, suicidal, or accidental injury;

b. Firearm injury;

c. Severe, unexplained injury;

d. Occupant or pedestrian motor vehicle injury;

e. An injury to a minor;

f. Fire, chemical, electrical, or radiation;

g. Starvation;

h. Unidentified or skeletonized human remains;

i. Drowning;

j. Suffocation, smothering, or strangulation;

k. Poisoning or illegal drug use;

l. Prior child abuse or neglect assessment concerns;

m. Open child protection service case on the victim;

n. Victim is in the custody of the department of health and human services, county

social services, the department of corrections and rehabilitation or other

correctional facility, or law enforcement;

o. Unexplained death or death in an undetermined manner;

p. Suspected sexual assault; or

q. Any other suspicious factor.
N.D. Cent. Code § 11-11-50 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-50
11-11-50. Former members of armed services' room in courthouses
Status: in_force

11-11-50. Former members of armed services' room in courthouses

The board of county commissioners shall equip and maintain an adequate room in the

courthouse or county office building for the priority preference use of former members of the

armed services of the United States if the county seat has a population of over ten thousand

inhabitants and a memorial building has not been erected in such municipality.
N.D. Cent. Code § 11-09.1-06.1 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-06.1
11-09.1-06.1. Conformance with statute or court order - Amendment
Status: in_force

11-09.1-06.1. Conformance with statute or court order - Amendment

1. When a portion of a home rule charter is preempted, superseded, or invalidated by a

legislative act or a court order, the county may amend portions of the home rule

charter by a resolution adopted by the governing body of the county. The resolution

must reference the authority supporting the amendment.

2. A resolution passed under subsection 1 is effective after adoption by the governing

body of the county. A petition, approval, or vote by the electors of the county is not

required to amend a county's home rule charter under this section. Within thirty days

after adoption of the resolution, the county shall publish the resolution once in the

official newspaper of the county or on the official county website.

3. An amendment to a charter of a home rule county intended to add any power

enumerated in section 11-09.1-05, which was not included in the county's original

home rule charter, may not be amended under this section and must be amended

under section 11-09.1-06. The county auditor shall file a copy of an amendment to a

charter of a home rule county with the secretary of state.
N.D. Cent. Code § 11-39-10 — ND Code / Title 11 / Chapter 11-39 / Section 11-39-10
11-39-10. Nonliability of state for debts - Exception
Status: in_force

11-39-10. Nonliability of state for debts - Exception

The state is not liable for any of the debts or liabilities of a fair association except to the

extent appropriations are made for that purpose by the legislative assembly.
N.D. Cent. Code § 11-14-10 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-10
11-14-10. Daily report to auditor - Distribution of funds
Status: in_force

11-14-10. Daily report to auditor - Distribution of funds

The county treasurer shall prepare a daily statement of all receipts and disbursements and

shall transmit a copy of the same to the county auditor together with all warrants and other

vouchers paid and duplicate copies of all receipts. The treasurer shall make a distribution on or

before the tenth working day of each calendar month to the several county funds and taxing

subdivisions of all taxes received and of all other funds that are required by law to be

distributed.
N.D. Cent. Code § 11-13-06 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-06
11-13-06. Auditor to issue warrants to taxing districts
Status: in_force

11-13-06. Auditor to issue warrants to taxing districts

Upon application of the treasurer of any local taxing district, the county auditor shall give the

treasurer an order on the county treasurer for the amount due such local taxing district, and

shall charge the treasurer with the amount of such order, and at the same time shall notify the

clerk of each local taxing district of the issuance of such order, but the county auditor shall not

issue an order as in this section provided until the bond of the person applying for such order

shall have been filed as required by law.
N.D. Cent. Code § 11-09.1-03 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-03
11-09.1-03. Submission of charter to electors
Status: in_force

11-09.1-03. Submission of charter to electors

At least sixty days, but no more than two years, after submission of the charter to the board

of county commissioners, the proposed charter must be submitted to a vote of the qualified

electors of the county at a primary or general election. If the proposed charter has been

submitted to a vote of the qualified electors of the county, the board of county commissioners

may call a special election to resubmit the proposed charter to a vote of the qualified electors of

the county, and the special election must take place at least sixty days after the call for the

special election. The board may amend the proposed charter prior to its resubmission to the

electors.
N.D. Cent. Code § 11-05-25 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-25
11-05-25. Power of consolidated county to levy taxes to pay debts
Status: in_force

11-05-25. Power of consolidated county to levy taxes to pay debts

If authorized in the approved consolidation plan, the board of county commissioners of the

consolidated county has all the powers which the board of county commissioners of a previous

county had at the time of the consolidation, to levy taxes upon the property in the territory which,

prior to the consolidation, constituted the previous county, for the purpose of paying the debts

and obligations of the previous county in existence at the time of consolidation.
N.D. Cent. Code § 11-01-38 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-38
11-01-38. Ransom County
Status: in_force

11-01-38. Ransom County

Beginning at the southwest corner of township one hundred thirty-three north, range

fifty-eight west of the fifth principal meridian, a point on the eighth standard parallel; thence east

along the eighth standard parallel to the southeast corner of township one hundred thirty-three

north, range fifty-three west; thence north along the line between ranges fifty-two and fifty-three

west to the northeast corner of township one hundred thirty-six north, range fifty-three west, a

point on the ninth standard parallel; thence west along the ninth standard parallel to the

northwest corner of township one hundred thirty-six north, range fifty-eight west; thence south

along the line between ranges fifty-eight and fifty-nine west to the point of beginning.
N.D. Cent. Code § 11-10.1-04 — ND Code / Title 11 / Chapter 11-10.1 / Section 11-10.1-04
11-10.1-04. Payment of expenses
Status: in_force

11-10.1-04. Payment of expenses

A county director of tax equalization and any deputies or clerks shall receive mileage as

provided in section 11-10-15 and their actual and necessary traveling expenses at the rate and

in the same manner as provided for other county officials. The board of county commissioners

shall furnish to the county director of tax equalization and the staff suitable office space and

supplies as may be necessary for the proper discharge of the duties of the office. The salary

and expenses of the county director of tax equalization, and any deputies or clerks, and the

expense of the office must be paid from the general fund of the county.
N.D. Cent. Code § 11-01-14 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-14
11-01-14. Dunn County
Status: in_force

11-01-14. Dunn County

Beginning at the southwest corner of township one hundred forty-one north, range

ninety-seven west of the fifth principal meridian, a point on the tenth standard parallel; thence

east along the tenth standard parallel to the southeast corner of township one hundred forty-one

north, range ninety-four west; thence north along the line between ranges ninety-three and

ninety-four west to the northeast corner of section twenty-five, township one hundred forty-one

north, range ninety-four west; thence east along a line parallel to and two miles [3.22 kilometers]

distant in a northerly direction from the tenth standard parallel to the southeast corner of section

twenty-four, township one hundred forty-one north, range ninety-one west; thence north along

the line between ranges ninety and ninety-one west to the northeast corner of township one

hundred forty-four north, range ninety-one west, a point on the eleventh standard parallel;

thence west along the eleventh standard parallel to the southeast corner of township one

hundred forty-five north, range ninety-one west; thence continuing north along the range line

between ranges ninety and ninety-one west to the main channel of the Missouri River; thence in

a northwesterly direction along the main channel of the Missouri River to the intersection of the

main channel of the Missouri River with the line between ranges ninety-three and ninety-four

west; thence south along the line between ranges ninety-three and ninety-four west to the

southwest corner of township one hundred forty-nine north, range ninety-three west, a point on

the twelfth standard parallel; thence west along the twelfth standard parallel to the northwest

corner of township one hundred forty-eight north, range ninety-seven west; thence south along

the line between ranges ninety-seven and ninety-eight west to the southwest corner of township

one hundred forty-five north, range ninety-seven west, a point on the eleventh standard parallel;

thence east along the eleventh standard parallel to the northwest corner of township one

hundred forty-four north, range ninety-seven west; thence continuing south along the line

between ranges ninety-seven and ninety-eight west to the point of beginning.
N.D. Cent. Code § 11-28.3-08 — ND Code / Title 11 / Chapter 11-28.3 / Section 11-28.3-08
11-28.3-08. Powers of board of directors
Status: in_force

11-28.3-08. Powers of board of directors

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 auditor in the manner provided by

section 11-28.3-09.

4. Manage and conduct the business affairs of the district.

5. Make and execute contracts in the name of and on behalf of the district with regard to

a general emergency medical service program.

6. Purchase or lease ambulances, or other emergency vehicles, supplies, and other real

or personal property as shall be necessary and proper to carry out the general

emergency medical service program of the district.

7. Incur indebtedness on behalf of the district within the limits prescribed by section

11-28.3-10, authorize the issuance of evidences of indebtedness permitted under

section 11-28.3-10, and pledge any real or personal property owned or acquired by the

district as security for the same.

8. If emergency medical services are not provided by a licensed ambulance service

under chapter 23-27, a district may organize, establish, equip, maintain, and supervise

an emergency medical service company to serve the district.

9. Generally perform all acts necessary to fully carry out the purposes of this chapter.
N.D. Cent. Code § 11-05-23 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-23
11-05-23. Authority of officers of adjoining county
Status: repealed

11-05-23. Authority of officers of adjoining county

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-11-05.1 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-05.1
11-11-05.1. Joint meetings of boards of county commissioners for consideration of levies of taxing districts in multiple counties
Status: in_force

11-11-05.1. Joint meetings of boards of county commissioners for consideration of

levies of taxing districts in multiple counties.

If feasible, the boards of county commissioners of affected counties shall hold joint public

hearings and deliberations when considering the proposed property tax levy of a taxing district

seeking authority for a levy against property within multiple counties. If joint hearing and

deliberation is not feasible, the boards of county commissioners of affected counties shall

coordinate their levy directives to be applied to property within the taxing district.
N.D. Cent. Code § 11-28.3-01 — ND Code / Title 11 / Chapter 11-28.3 / Section 11-28.3-01
11-28.3-01. Territory to be organized - Petition
Status: in_force

11-28.3-01. Territory to be organized - Petition

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 served by

an existing ambulance service district, elect to form, organize, establish, equip, and maintain a

rural ambulance service district, the qualified electors shall signify their intention by presenting

to the county auditor of the county or counties in which the territory is situated a petition setting

forth the desires and purposes of the petitioners. The petition must contain the full names and

post-office addresses of the petitioners, the suggested name of the proposed district, the area in

square miles [hectares] to be included therein, and a complete description according to

government survey, wherever possible, of the boundaries of the real properties intended to be

embraced in the proposed rural ambulance service district. A plat or map showing the

suggested boundaries of the proposed district must accompany the petition, and the petitioner

also shall deposit with the county auditor a sum sufficient to defray the expense of publishing

the notices required by sections 11-28.3-02 and 11-28.3-03. An incorporated city lying within the

boundaries of the proposed rural ambulance service district is subject to the petition

requirements in this section.
N.D. Cent. Code § 11-30-12 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-12
11-30-12. Compensation of officers of organized county
Status: in_force

11-30-12. Compensation of officers of organized county

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

unorganized county.
N.D. Cent. Code § 11-28.1-06 — ND Code / Title 11 / Chapter 11-28.1 / Section 11-28.1-06
11-28.1-06. Assessment list to be prepared - Contents - Certificate attached to assessment list
Status: in_force

11-28.1-06. Assessment list to be prepared - Contents - Certificate attached to

assessment list.

The board of county park commissioners, serving as the special assessment commission,

shall make or cause to be made a complete list of the annual benefits and assessments setting

forth each lot or tract of land assessed, the amount each lot or tract is annually benefited by the

service, and the amount annually assessed against each. There shall be attached to the list of

assessments a certificate signed by a majority of the members of the special assessment

commission certifying that the same is a true and correct assessment of the property therein

described to the best of their judgment, and stating the several items of expense included in the

assessment.
N.D. Cent. Code § 11-19.1-17 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-17
11-19.1-17. Application
Status: in_force

11-19.1-17. Application

The requirements of this chapter apply to every county in this state.
N.D. Cent. Code § 11-04-08 — ND Code / Title 11 / Chapter 11-04 / Section 11-04-08
11-04-08. Affirmative vote necessary to remove county seat - Notice of result
Status: in_force

11-04-08. Affirmative vote necessary to remove county seat - Notice of result

If two-thirds or more of all the legal votes cast by those voting on the question of removal of

the county seat at such election are in favor of the removal, the board of county commissioners

must give notice of the result of the election by posting notices in all of the election precincts in

the county and by publishing a similar notice at least once each week for four weeks in the

official newspaper of the county.
N.D. Cent. Code § 11-11-22 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-22
11-11-22. Vote necessary - How tax levied and collected
Status: repealed

11-11-22. Vote necessary - How tax levied and collected

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-30-03 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-03
11-30-03. State auditor to make audit of financial conditions - Contents of audit
Status: in_force

11-30-03. State auditor to make audit of financial conditions - Contents of audit

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 the audit with

the county auditor of such county. The audit shall contain:

1. A statement of the taxable value of all taxable property in the county as of the last

annual assessment as equalized by the state board of equalization.

2. A statement of all the assets and the liabilities of the county and any assets available

for the retirement of any of said liabilities as of the date of the filing of the petition.

3. A statement for the last preceding completed fiscal year of the budget adopted, the

amount of tax levied, the amount and source of revenue receipts derived, the

expenditures made, and obligations incurred for each fund and purpose.

4. A statement containing such additional information as in the state auditor's judgment is

necessary to an understanding of the true financial condition of the county.
N.D. Cent. Code § 11-11-56 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-56
11-11-56. Comprehensive health planning by counties and county funding of areawide comprehensive health planning
Status: in_force

11-11-56. Comprehensive health planning by counties and county funding of

areawide comprehensive health planning.

Any county may engage in comprehensive health planning and may appropriate funds to an

areawide comprehensive health planning organization organized and approved under

provisions of the state plan for comprehensive health planning, whether such organization be a

public agency or private corporation.
N.D. Cent. Code § 11-05.1-06 — ND Code / Title 11 / Chapter 11-05.1 / Section 11-05.1-06
11-05.1-06. Expenses
Status: in_force

11-05.1-06. Expenses

Except as otherwise provided by the implementing joint powers agreement, joint

resolutions, or petitions, each member of the committee is entitled to receive from the county

the actual and necessary expenses incurred by that member in attending scheduled meetings

and in performance of official duties in the same manner and amounts as members of the board

of county commissioners, but shall receive no salary or compensation for services performed.

All expenses of the committee must be paid from county funds after approval of these expenses

by the boards of county commissioners in the same manner as other general county expenses.
N.D. Cent. Code § 11-09.1-12 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-12
11-09.1-12. Vested property - Rights of action - Actions saved
Status: in_force

11-09.1-12. Vested property - Rights of action - Actions saved

The adoption of any charter or amendment does not destroy any property, action, right of

action, claim, or demand of any nature vested in the county. All rights of action, claims, or

demands are preserved to the county and to any persons asserting any claims against the

county as completely as though the charter or amendment had not been adopted. The adoption

of any charter or amendment affects neither the right of the county to collect special

assessments previously levied under any law or charter for the purpose of public improvements,

nor impairs the obligation of any existing contract to which the county is a party.
N.D. Cent. Code § 11-05-05 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-05
11-05-05. Form of ballot
Status: in_force

11-05-05. Form of ballot

The ballots used at an election held under the provisions of this chapter must be in

substantially the following form:

Shall the corporate existence and governments of the county of _________________ and

the county (or counties) of _________________ be consolidated into one county

government pursuant to the consolidation plan?

Below the question submitted, there must be printed:

Yes ☐

No ☐
N.D. Cent. Code § 11-33-20 — ND Code / Title 11 / Chapter 11-33 / Section 11-33-20
11-33-20. Township zoning not affected - Township and city may relinquish powers - Joint zoning authority over solid waste disposal facilities
Status: repealed

11-33-20. Township zoning not affected - Township and city may relinquish powers -

Joint zoning authority over solid waste disposal facilities.

Repealed by S.L. 2015, ch. 422, § 2.
N.D. Cent. Code § 11-30-16 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-16
11-30-16. Actions transferred to courts of adjoining county
Status: in_force

11-30-16. Actions transferred to courts of adjoining county

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 the adjoining

organized county to which the unorganized county is attached.
N.D. Cent. Code § 11-15-24 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-24
11-15-24. Transportation of prisoner
Status: in_force

11-15-24. Transportation of prisoner

The sheriff of each county shall conduct to the penitentiary all persons convicted in the

county and sentenced to be confined in the penitentiary as soon as may be after conviction. The

sheriff may conduct patients to the state hospital when directed to do so by the district court.
N.D. Cent. Code § 11-09-02.1 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-02.1
11-09-02.1. Petition - Question submitted to electors
Status: in_force

11-09-02.1. Petition - Question submitted to electors

Upon a petition filed with the county auditor at least ninety days in advance of any

countywide election signed by not less than ten percent of the qualified electors of the county as

determined by the total number of votes cast for the office of governor at the last general

election, asking that an election be held on the question of the adoption of one of the forms of

county managership and specifying which of the forms is to be submitted, the board of county

commissioners shall submit the question at the next regular primary or general election.
N.D. Cent. Code § 11-01-09 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-09
11-01-09. Burleigh County
Status: in_force

11-01-09. Burleigh County

Beginning at the intersection of the main channel of the Missouri River with the ninth

standard parallel; thence east along the ninth standard parallel to the southeast corner of

township one hundred thirty-seven north, range seventy-five west of the fifth principal meridian;

thence north along the line between ranges seventy-four and seventy-five west to the northeast

corner of township one hundred forty north, range seventy-five west, a point on the tenth

standard parallel; thence west along the tenth standard parallel to the southeast corner of

township one hundred forty-one north, range seventy-five west; thence continuing north along

the line between ranges seventy-four and seventy-five west to the northeast corner of township

one hundred forty-four north, range seventy-five west, a point on the eleventh standard parallel;

thence west on the eleventh standard parallel to the northwest corner of township one hundred

forty-four north, range seventy-nine west; thence south along the line between ranges

seventy-nine and eighty west to the southwest corner of township one hundred forty-three north,

range seventy-nine west; thence west along the line between townships one hundred forty-two

and one hundred forty-three north to the main channel of the Missouri River; thence in a

southerly direction along the main channel of the Missouri River to the point of beginning.
N.D. Cent. Code § 11-28.3-10 — ND Code / Title 11 / Chapter 11-28.3 / Section 11-28.3-10
11-28.3-10. Indebtedness of district limited
Status: in_force

11-28.3-10. Indebtedness of district limited

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
N.D. Cent. Code § 11-25-03 — ND Code / Title 11 / Chapter 11-25 / Section 11-25-03
11-25-03. Redemption of warrants on which interest due - Duty of treasurer
Status: in_force

11-25-03. Redemption of warrants on which interest due - Duty of treasurer

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 treasurer's

accounts the amount of interest paid distinct from the principal of the warrant or order. At the

beginning of each month, the county treasurer shall furnish to the county auditor an itemized

statement of all interest paid by the treasurer during the past month to enable the auditor to

reconcile the auditor's records.
N.D. Cent. Code § 11-20-15 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-15
11-20-15. Section corners - How made - Removal of markers - Penalty
Status: in_force

11-20-15. Section corners - How made - Removal of markers - Penalty

The surveyor, when employed by private landowners as provided in section 11-20-14, shall

sink into the earth at all section and quarter post corners a column of concrete or a cement

block at least two feet [.61 meter] high, twelve inches [304.80 millimeters] square at the base,

and six inches [152.40 millimeters] square at the top. The surveyor shall carefully describe the

same in the records of the surveyor's survey. The surveyor also shall dig pits and shall mark and

record new witness trees wherever possible to do so. Any person who willfully shall cut down,

destroy, deface, or injure any living witness tree, or who shall remove a corner post in any

shape as above established, is guilty of an infraction.
N.D. Cent. Code § 11-28-12 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-12
11-28-12. Joint county park district
Status: repealed

11-28-12. Joint county park district

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-28-08 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-08
11-28-08. Publication of rules, regulations, and proceedings
Status: in_force

11-28-08. Publication of rules, regulations, and proceedings

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

the board of county commissioners.
N.D. Cent. Code § 11-18-13 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-13
11-18-13. Indexing and filing security agreements
Status: in_force

11-18-13. Indexing and filing security agreements

The provisions of sections 11-18-09, 11-18-10, and 11-18-11 shall not extend to, nor cover

the indexing and filing of, a financing statement. Such instrument shall be indexed and filed as

provided in chapter 41-09.
N.D. Cent. Code § 11-27-07 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-07
11-27-07. Proceeds of sale of county property
Status: in_force

11-27-07. Proceeds of sale of county property

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 placed to the credit of such taxing district, and the remainder of the proceeds shall go into

the general fund of the county.
N.D. Cent. Code § 11-32-02 — ND Code / Title 11 / Chapter 11-32 / Section 11-32-02
11-32-02. A memorial fund created - How expended
Status: in_force

11-32-02. A memorial fund created - How expended

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

commissioners. The board may expend such funds at such times as it may determine and is

authorized to make an allocation of any or all funds to be raised by the memorial levy for any

purpose authorized by this chapter.

On or after January 1, 1960, the board may transfer all unexpended balances in the

memorial fund to the county general fund if there is then no existing memorial levy and if such

unexpended balance has not been pledged or appropriated for a memorial.
N.D. Cent. Code § 11-08-08 — ND Code / Title 11 / Chapter 11-08 / Section 11-08-08
11-08-08. When appointment of officers made - Qualification
Status: in_force

11-08-08. When appointment of officers made - Qualification

The county officers to be appointed must be appointed by the board of county

commissioners at the following times in the year in which the county consolidated office form of

government goes into effect:

1. On or before the fifteenth day of January, the coroner must be appointed, and the

coroner must qualify within ten days thereafter.

2. Not less than ten days prior to April first, the county auditor must be appointed, and the

appointee qualify within ten days thereafter.

3. Not less than ten days prior to May first, the county treasurer must be appointed, and

the appointee must qualify within ten days thereafter.

Thereafter, the appointments must be made within ten days prior to the expiration of the terms

of office of the officers. The failure of the board of county commissioners to make any

appointment within the time prescribed does not impair its power to make the appointment

subsequently for the remainder of the term of office of the officer so appointed.
N.D. Cent. Code § 11-38-11 — ND Code / Title 11 / Chapter 11-38 / Section 11-38-11
11-38-11. Dissatisfaction with extension agent - Meeting to be arranged
Status: in_force

11-38-11. Dissatisfaction with extension agent - Meeting to be arranged

If the North Dakota state university extension service or the board of county commissioners

becomes dissatisfied with the performance of an extension agent or the level of funding support

required, the dissatisfied entity shall arrange a joint meeting at which detailed information as to

the dissatisfaction with the performance of the agent or the level of funding support required

must be presented and such joint action taken as is justified by the evidence.
N.D. Cent. Code § 11-20-05 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-05
11-20-05. Certificate presumptive evidence
Status: in_force

11-20-05. Certificate presumptive evidence

The certificate of the surveyor, or of the surveyor's deputy, of any survey of any lands in the

county made by the person shall be presumptive evidence of the facts therein contained unless

the surveyor shall be interested in the lands described in the certificate.
N.D. Cent. Code § 11-05-18 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-18
11-05-18. Officers shall not be elected in petitioning county
Status: repealed

11-05-18. Officers shall not be elected in petitioning county

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-11-37 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-37
11-11-37. Proceedings of board of county commissioners to be published in official newspaper - When published
Status: in_force

11-11-37. Proceedings of board of county commissioners to be published in official

newspaper - When published.

The board of county commissioners shall supply to the official newspaper of the county a

full and complete report of its official proceedings at each regular and special meeting no later

than seven days after the meeting at which the report is read and approved. The publisher of

the official newspaper shall publish the report in the issue of the paper next succeeding the time

of its reception and shall file with the county auditor an affidavit of publication executed in the

proper form.
N.D. Cent. Code § 11-27-03.1 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-03.1
11-27-03.1. Transfer of real property by nonexclusive listing agreements
Status: in_force

11-27-03.1. Transfer of real property by nonexclusive listing agreements

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 reject any and all offers determined to be insufficient. After adoption of the resolution, the

board of county commissioners may engage licensed real estate brokers to attempt to sell the

described property by way of nonexclusive listing agreements.
N.D. Cent. Code § 11-09-01 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-01
11-09-01. County manager government - Forms
Status: in_force

11-09-01. County manager government - Forms

Any county in this state is authorized to adopt one of the following county manager forms of

government:

1. Short form of county managership with the office of county manager to be an

appointed office.

2. County manager form with the office of county manager to be an appointed office.

3. Short form of county managership with the office of county manager to be an elected

office.

4. County manager form with the office of county manager to be an elected office.

The procedure for adopting any one of these forms of government shall be as is provided in this

chapter. Unless otherwise expressly indicated, the provisions of this chapter shall apply to all

the forms of county managership.
N.D. Cent. Code § 11-09-44 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-44
11-09-44. Purchasing agent - Powers and duties - Supplies purchased on bids - Sale of supplies
Status: in_force

11-09-44. Purchasing agent - Powers and duties - Supplies purchased on bids - Sale

of supplies.

The county manager of a county adopting a short form of county managership or the

director of finance of a county adopting a county manager form of government shall act as

purchasing agent or shall appoint and have supervision over this official. The purchasing agent

shall make all purchases for the county in the manner provided by the board of county

commissioners. The purchasing agent may make transfers of supplies, materials, and

equipment between departments and offices and may sell any surplus supplies, materials, or

equipment and make such other sales as are authorized by the board of county commissioners.

With the approval of the board, the purchasing agent may establish suitable specifications or

standards for all supplies, materials, and equipment to be purchased by the county and may

inspect all deliveries to determine their compliance with such specifications and standards. The

purchasing agent shall have charge of such storerooms and warehouses of the county as the

board of county commissioners may provide. Before making any purchase or sale, the

purchasing agent shall invite competitive bidding under such rules and regulations as the board

of county commissioners may establish by ordinance or resolution. The purchasing agent shall

not furnish any supplies, materials, equipment, or contractual services to any department or

office except upon receipt of a properly approved requisition and unless there is an

unencumbered appropriation balance sufficient to pay for the same.
N.D. Cent. Code § 11-10-22 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-22
11-10-22. Unlawful for officer to purchase county warrant or evidence of debt - Penalty
Status: in_force

11-10-22. Unlawful for officer to purchase county warrant or evidence of debt -

Penalty.

Every person who, while an officer of any county of this state or the deputy or clerk of any

such officer, directly or indirectly, buys or traffics in, or in anywise becomes a party to the

purchase of, any county warrant or order, or any bill, account, claim, or evidence of

indebtedness of the person's county, for any sum less than the full face value thereof, is guilty of

an infraction.
N.D. Cent. Code § 11-06-07 — ND Code / Title 11 / Chapter 11-06 / Section 11-06-07
11-06-07. Debts of transferred territory - Payment to county from which transferred
Status: in_force

11-06-07. Debts of transferred territory - Payment to county from which transferred

Territory transferred under the provisions of this chapter shall not be released from the

payment of its proportion of the debts of the county from which it was transferred. Such

proportion shall be collected by the county to which the territory is transferred at an equal or

greater rate than is levied and collected in the county from which the territory was transferred,

such rate to be ascertained by the certificate of the county auditor of the county from which the

territory was transferred. When the funds for the payment of such indebtedness are collected,

such funds shall be paid over to the county entitled thereto. When the county to which territory is

transferred is indebted, the board of county commissioners of such county shall release the

transferred territory from the payment of such indebtedness to an amount equal to that which

the territory is required to pay to the county from which it was transferred.
N.D. Cent. Code § 11-33.2-12 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-12
11-33.2-12. Effect of approval of plats
Status: in_force

11-33.2-12. Effect of approval of plats

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 subdivision of any lot, tract, or parcel of land shall be made, no street, sanitary

sewer, water main, or other improvements in connection therewith shall be laid out,

constructed, opened, or dedicated for public use or travel, or for the common use of

occupants of buildings abutting thereon, except in accordance with a plat as finally

approved by the board of county commissioners.

2. No plat shall be finally approved or disapproved by the board of county commissioners

except upon receipt of recommendations by both the county planning commission and

the board of township supervisors of the township in which the proposed subdivision is

located. The board of county commissioners shall, by certified mail, notify the

chairman of the board of township supervisors that an application for plat approval has

been initiated, either before the county planning commission or before the board of

county commissioners, and that the board of township supervisors is requested to

make a recommendation on the application. If the board of county commissioners

does not receive, by certified mail, a recommendation by the board of township

supervisors within sixty days after notification, it may take final action on the

application for plat approval. The recommendations by either the county planning

commission or the board of township supervisors shall not be binding on the county

commissioners.

3. In determining whether a plat shall be finally approved or disapproved, the board of

county commissioners shall inquire into the public use and interest proposed to be

served by the subdivision. It shall determine if appropriate provisions are made for the

public health, safety, and general welfare, for open spaces, drainage ways, streets,

alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for

schools and school grounds, but its determination is not limited to the foregoing. The

board shall consider all other relevant facts and determine whether the public interest

will be served by the subdivision. If it finds that the proposed plat makes appropriate

provisions for the public health, safety, and general welfare and for such open spaces,

drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,

parks, playgrounds, sites for schools and school grounds, and that the public use and

interest will be served by the platting of such subdivision, and that the proposed plat

complies with a county resolution, if any, regulating or restricting the subdivision of

land, to the extent that such resolution does not conflict with the provisions of this

section, such plat shall be finally approved with such conditions as the board of county

commissioners may deem necessary. If it finds that the proposed plat does not make

appropriate provisions, or that the public use and interest will not be served, or that the

proposed plat does not so comply with the aforementioned resolution, then the board

of county commissioners shall disapprove the proposed plat. Dedication of land to any

public body may be required as a condition of subdivision approval and shall be clearly

shown on the final plat.
N.D. Cent. Code § 11-30-18 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-18
11-30-18. Unorganized county remains in same legislative district
Status: in_force

11-30-18. Unorganized county remains in same legislative district

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. Cent. Code § 11-09-13 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-13
11-09-13. Removal of an appointed county manager
Status: in_force

11-09-13. Removal of an appointed county manager

If the board of county commissioners of a county which has adopted either of the appointed

forms of county managership determines to remove the manager, the manager shall be given, if

the manager so demands, a written statement of the reasons alleged for the proposed removal

and a right to a hearing thereon at a public meeting of the board prior to the date on which the

manager's final removal shall take effect. Prior to and during the hearing, the board may

suspend the manager from office, but the period of suspension shall be limited to thirty days.

The action of the board in suspending or removing the manager shall not be subject to review.
N.D. Cent. Code § 11-09-38 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-38
11-09-38. Board of county commissioners not to interfere in appointments or removals - Penalty
Status: in_force

11-09-38. Board of county commissioners not to interfere in appointments or

removals - Penalty.

In a county which has adopted any form of county managership, neither the board of county

commissioners nor any of its committees or members shall direct or request the appointment or

removal of any person by the county manager or any of the manager's subordinates nor in any

manner take part in the appointment or removal of officers or employees in the administrative

service of the county. Except for the purpose of inquiry or in an emergency, the board of county

commissioners and its members shall deal with that portion of the administrative service over

which the county manager is responsible solely through the manager. Neither the board of

county commissioners nor its members shall give orders to any subordinate of the county, either

publicly or privately. Any member of the board of county commissioners who violates any

provision of this section shall be guilty of a class A misdemeanor and, in addition to the penalty

prescribed for such an offense, shall forfeit the person's office.
N.D. Cent. Code § 11-15-17 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-17
11-15-17. Liability for failure to execute process
Status: in_force

11-15-17. Liability for failure to execute process

Except as otherwise provided by law or order of the court, if the sheriff to whom a writ of

execution or attachment is delivered neglects or refuses to levy upon or sell any property of the

party charged in the writ which is liable to be levied upon or sold, which has been made known

to the sheriff by the judgment creditor or the creditor's attorney, the sheriff is liable to the creditor

for all damages sustained by the creditor. The sheriff is not liable if the sheriff has not levied

upon or sold property, when the sheriff's failure to act was the result of following the directions or

orders of the creditor or the creditor's agent or attorney.
N.D. Cent. Code § 11-10.2-04 — ND Code / Title 11 / Chapter 11-10.2 / Section 11-10.2-04
11-10.2-04. Plan implementation - Revision or abandonment of plan
Status: in_force

11-10.2-04. Plan implementation - Revision or abandonment of plan

One copy of the plan as approved must be filed with the district court for the county and one

with the county auditor or functional equivalent to remain as a part of the county's permanent

records. The board of county commissioners may take any action necessary to bring about an

orderly transition in implementation of the plan, including any transfer of powers, records,

documents, property, or funds which is consistent with the approved plan and necessary to

place it into full effect. A plan, or part of a plan, adopted under this chapter may be revised or

abandoned through the same procedure set forth in this chapter for adopting a plan.
N.D. Cent. Code § 11-28-10 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-10
11-28-10. Police and sheriff to enforce chapter
Status: in_force

11-28-10. Police and sheriff to enforce chapter

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. Cent. Code § 11-27-13 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-13
11-27-13. Land exchanged transferred by deed
Status: in_force

11-27-13. Land exchanged transferred by deed

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 held

through tax deed proceedings, to the party or parties from whom the county receives other

lands in exchange therefor. They may receive a deed from such other parties, conveying to the

county the title to such lands as are acquired through such exchange.
N.D. Cent. Code § 11-01-15 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-15
11-01-15. Eddy County
Status: in_force

11-01-15. Eddy County

Beginning at the southwest corner of township one hundred forty-eight north, range

sixty-seven west of the fifth principal meridian; thence east along the line between townships

one hundred forty-seven and one hundred forty-eight north to the southeast corner of township

one hundred forty-eight north, range sixty-two west; thence north along the line between ranges

sixty-one and sixty-two west to the northeast corner of township one hundred forty-eight north,

range sixty-two west, a point on the twelfth standard parallel; thence west along the twelfth

standard parallel to the southeast corner of township one hundred forty-nine north, range

sixty-two west; thence continuing north along the line between ranges sixty-one and sixty-two

west to the northeast corner of township one hundred fifty north, range sixty-two west; thence

west along the line between townships one hundred fifty and one hundred fifty-one north to the

northwest corner of township one hundred fifty north, range sixty-seven west; thence south

along the line between ranges sixty-seven and sixty-eight west to the southwest corner of

township one hundred forty-nine north, range sixty-seven west, a point on the twelfth standard

parallel; thence east along the twelfth standard parallel to the northwest corner of township one

hundred forty-eight north, range sixty-seven west; thence continuing south along the line

between ranges sixty-seven and sixty-eight to the point of beginning.
N.D. Cent. Code § 11-19.1-03 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-03
11-19.1-03. Appointment of coroner - Term - Vacancy
Status: in_force

11-19.1-03. Appointment of coroner - Term - Vacancy

The board of county commissioners shall appoint a coroner for a term of five years. The

board shall notify the state forensic examiner in writing of any appointment under this section. If

the office of coroner becomes vacant by death, resignation, expiration of the term of office, or

otherwise, or if the coroner becomes permanently unable to perform the duties of office, the

board of county commissioners shall appoint a qualified individual to fill the vacancy, who shall

give and take the oath of office as prescribed for coroners. If the duly appointed, qualified, and

acting coroner is absent temporarily from the county or is unable to discharge the duties of

office for any reason, the coroner may appoint an individual with the qualifications of coroner to

act in the coroner's absence or disability, upon taking the prescribed oath for coroners.
N.D. Cent. Code § 11-27-06 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-06
11-27-06. When interest of county in lands conveyed
Status: in_force

11-27-06. When interest of county in lands conveyed

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 behalf of the county.
N.D. Cent. Code § 11-11-47 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-47
11-11-47. Tax is paid into judgment payment fund
Status: repealed

11-11-47. Tax is paid into judgment payment fund

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-30-09 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-09
11-30-09. All offices abolished in disorganized county - Compensation of officers of disorganized county
Status: in_force

11-30-09. All offices abolished in disorganized county - Compensation of officers of

disorganized county.

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

equivalent to the salaries and other compensations customarily paid to the holders of such

offices shall be paid to them until such time as their successors, except for the abolition of the

offices, would have qualified and succeeded to their duties. Anyone re-elected to an office shall

be deemed a successor to such office. If an officeholder possesses an indefinite term of office,

payments shall not continue for more than one month after the county becomes an unorganized

county. In the event that a person is elected to a county office which is abolished before the

commencement of the term of office for which the person was elected, the person shall receive

a payment equivalent in amount to one month's salary of the office to which the person was

elected.
N.D. Cent. Code § 11-15-31 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-31
11-15-31. Uniform surrendered upon termination of employment
Status: in_force

11-15-31. Uniform surrendered upon termination of employment

The uniforms and parts thereof purchased by the board of county commissioners must be

returned to the sheriff's office upon termination of employment of each sheriff and sheriff's

deputy.
N.D. Cent. Code § 11-11-05 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-05
11-11-05. Meetings of board - Time and place - Pledge of allegiance
Status: in_force

11-11-05. Meetings of board - Time and place - Pledge of allegiance

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 special meetings when the interests of the county demand it. The chairman of the

board, or a majority of the members thereof, may call special meetings that must be noticed in

accordance with section 44-04-20. At the beginning of each regularly scheduled meeting, board

members must be given the opportunity to participate in a voluntary recitation of the pledge of

allegiance.
N.D. Cent. Code § 11-33.2-05 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-05
11-33.2-05. Public hearing - Notice
Status: in_force

11-33.2-05. Public hearing - Notice

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, place,

and purpose of the hearing shall be published once each week for two consecutive weeks in the

official newspaper of the county, and in such other newspapers published in the county as the

county planning commission may deem necessary. Said notice shall describe the nature, scope,

and purpose of the proposed resolution and shall state the times at which it will be available to

the public for inspection and copying at the office of the county auditor.
N.D. Cent. Code § 11-20-13 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-13
11-20-13. Records of county surveyor as evidence
Status: in_force

11-20-13. Records of county surveyor as evidence

The records of the county surveyor may be kept in the office of the county auditor and shall

be competent evidence in all courts of the facts therein set forth.
N.D. Cent. Code § 11-30-10 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-10
11-30-10. Officers of organized county act in unorganized county
Status: in_force

11-30-10. Officers of organized county act in unorganized county

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

such powers are limited by this chapter.
N.D. Cent. Code § 11-10-11 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-11
11-10-11. Appointment and salary of deputies and clerks
Status: in_force

11-10-11. Appointment and salary of deputies and clerks

The salaries of deputies, clerks, and assistants for the county auditor, county treasurer,

sheriff, recorder, ex officio clerk of the district court, and state's attorney must be fixed by a

resolution of the board of county commissioners. Each of the named officers may appoint such

deputies, clerks, and assistants, in accordance with the budget, except none of the officers

mentioned in this section may appoint as deputy any other officer mentioned in this section.
N.D. Cent. Code § 11-19.1-07 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-07
11-19.1-07. Reports of death - Death of minor
Status: in_force

11-19.1-07. Reports of death - Death of minor

1. Any person who discovers the deceased human body or acquires the first knowledge

of the death of any individual, and any physician with knowledge that an individual died

as a result of criminal or violent means, died suddenly when in apparent good health in

a suspicious or unusual manner, or died as the result of any other reportable

circumstance, shall notify immediately the office of coroner or any law enforcement

officer of the known facts concerning the time, place, manner, and circumstances of

that death, and any other information that may be required pursuant to this chapter.

Any person who violates this section is guilty of a class B misdemeanor.

2. Any person who discovers the deceased human body or acquires the first knowledge

of the death of any minor who has received or is eligible to receive a birth record,

when the minor died suddenly when in apparent good health, shall notify immediately

law enforcement or the office of coroner of the known facts concerning the time, place,

manner, and circumstances of the death. The death of a minor must be reported to the

department of health and human services as provided under chapter 50-25.1. The

coroner shall take custody of the body and immediately consult with a law enforcement

agency. The law enforcement agency shall investigate the death and notify the state's

attorney of the findings. The coroner shall notify the state forensic examiner of each

such death, and shall provide the state forensic examiner the information concerning

the death as the state forensic examiner requires. The coroner or the assistant or

deputy coroner shall notify the parent or guardian of a child under the age of one year

of the right to the performance of an autopsy, at state expense, as provided by this

chapter.
N.D. Cent. Code § 11-09-47 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-47
11-09-47. Interest in contracts by officers and employees prohibited
Status: in_force

11-09-47. Interest in contracts by officers and employees prohibited

No member of the board of county commissioners or other officer or employee of a county

which has adopted any form of county managership, and no person receiving a salary or

compensation from funds appropriated by the county, shall be interested, directly or indirectly, in

any contract to which the county is a party, either as principal, surety, or otherwise. No such

officer or employee or an officer's or employee's partner, agent, servant, employee, or the firm of

which the officer or employee is a member, shall purchase from or sell to the county any real or

personal property, nor shall an officer or employee be interested, directly or indirectly, in any

work or service to be performed for the county or in its behalf. Any contract made in violation of

the provisions of this section shall be void.
N.D. Cent. Code § 11-16-14 — ND Code / Title 11 / Chapter 11-16 / Section 11-16-14
11-16-14. Unexpired balance of state's attorney's contingent fund
Status: in_force

11-16-14. Unexpired balance of state's attorney's contingent fund

Any sum remaining in the state's attorney's contingent fund on the thirty-first day of

December of each year shall be transferred by the county auditor to the general fund of the

county.
N.D. Cent. Code § 11-10-17 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-17
11-10-17. Officers to make settlement
Status: in_force

11-10-17. Officers to make settlement

Every county officer chargeable with money belonging to the county shall render that

officer's account to and settle with the board of county commissioners at such times as are

provided by the laws of this state. A county officer shall pay into the county treasury any balance

which may be due the county, taking duplicate receipts therefor, and deposit one of the receipts

with the county auditor within five days thereafter.
N.D. Cent. Code § 11-38-12 — ND Code / Title 11 / Chapter 11-38 / Section 11-38-12
11-38-12. Administration - Position adjustments - Budget section report
Status: in_force

11-38-12. Administration - Position adjustments - Budget section report

The state board of agricultural research and education and the president of North Dakota

state university shall control and administer the North Dakota state university extension service

subject to the supervision of the state board of higher education. Funds appropriated to the

North Dakota state university extension service may not be commingled with funds appropriated

to North Dakota state university. An appropriation request to defray expenses of the North

Dakota state university extension service must be separate from an appropriation request to

defray expenses of North Dakota state university. Subject to the availability of funds, the director

of the North Dakota state university extension service may adjust or increase full-time or

part-time equivalent positions to carry out the mission of the extension service. All full-time or

part-time positions must be separate from North Dakota state university. Annually, the director of

the North Dakota state university extension service shall report to the office of management and

budget and to the budget section any adjustments or increases made under this section.
N.D. Cent. Code § 11-11-25 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-25
11-11-25. Money applied only to expenditure for which raised
Status: repealed

11-11-25. Money applied only to expenditure for which raised

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-15-20 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-20
11-15-20. When sheriff not liable for rescue or escape
Status: in_force

11-15-20. When sheriff not liable for rescue or escape

An action cannot be maintained against the sheriff for a rescue, or for an escape of a

person arrested upon an execution or commitment, if, after the person's rescue or escape and

before the commencement of the action, the prisoner returns to the jail or is retaken by the

sheriff.
N.D. Cent. Code § 11-30-14 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-14
11-30-14. Title to property vests in organized county as trustee - Use of property - Separate accounts kept
Status: in_force

11-30-14. Title to property vests in organized county as trustee - Use of property -

Separate accounts kept.

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

which it is attached as trustee for the unorganized county, with the right to use the same for the

benefit of the unorganized county in the same manner as organized counties may use their

property. Separate accounts and books shall be maintained for the moneys and properties held

in trust and for the moneys and properties of the adjoining organized county.
N.D. Cent. Code § 11-11-21 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-21
11-11-21. Proposition to tax must accompany question submitted
Status: repealed

11-11-21. Proposition to tax must accompany question submitted

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-09.1-09 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-09
11-09.1-09. Manner of calling and holding elections
Status: in_force

11-09.1-09. Manner of calling and holding elections

The elections provided for in this chapter are subject to the laws applicable to other

elections of the county. All qualified electors of the county are eligible to vote at the election. The

charter commission, for proposals to adopt a home rule charter, or the governing body of the

county, for proposals to amend or repeal a home rule charter, shall prescribe the form of ballot

so that the voter may signify whether the voter is for or against the proposed home rule charter

or the amendment or repeal.
N.D. Cent. Code § 11-19.1-14 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-14
11-19.1-14. Disinterment of dead bodies
Status: in_force

11-19.1-14. Disinterment of dead bodies

Whenever in the opinion of the state's attorney and either the sheriff or coroner it is deemed

necessary, the state's attorney or coroner shall have authority to order the disinterment of any

dead body within their county and to authorize the removal of such body under the supervision

of the coroner for the purpose of examination and autopsy.
N.D. Cent. Code § 11-10-05.1 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-05.1
11-10-05.1. When terms of county commissioners commence
Status: in_force

11-10-05.1. When terms of county commissioners commence

The regular term of office of each county commissioner, when the commissioner is elected

for a full term, commences on the first Monday in December next succeeding the officer's

election and each such commissioner shall qualify and enter upon the discharge of the

commissioner's duties on or before the first Monday in December next succeeding the date of

the commissioner's election or within ten days thereafter. If a commissioner is elected to fill an

unexpired commission term held by an appointee, such officer may qualify and enter upon the

discharge of the duties of such office at any time after receiving a certificate of election to that

office but not later than the first Monday in December next succeeding the date of the

commissioner's election to the unexpired term of office.
N.D. Cent. Code § 11-05-10 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-10
11-05-10. Secretary of state to notify governor of result of election - Governor's proclamation
Status: repealed

11-05-10. Secretary of state to notify governor of result of election - Governor's

proclamation.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-14-08 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-08
11-14-08. Duties of the county treasurer - Annual settlement
Status: in_force

11-14-08. Duties of the county treasurer - Annual settlement

The county treasurer shall keep a just and true account of the receipts and expenditures of

all tax moneys which shall come into the treasurer's hands by virtue of the treasurer's office, in

books or records to be kept by the treasurer for that purpose. Such books or records shall be

open at all times for inspection by the board of county commissioners or any member thereof,

by all county and state officers, and by any taxpayer or a taxpayer's legal representative. On the

tenth day of November of each year, the county treasurer shall make an annual settlement or

accounting for the collection of current taxes and for that purpose the treasurer shall exhibit to

the auditor the treasurer's books, moneys, accounts, and all vouchers relating to the same to be

audited or verified. The county treasurer shall be charged with the amount of the original tax list,

the additional taxes assessed, and penalties and interest collected to date of settlement, and

shall be credited with the amount of cash collected, abatements, erroneous assessments,

canceled taxes, discounts, and a total of the delinquent taxes outstanding. The county treasurer,

at the time of the settlement, shall furnish the county auditor with a list of delinquent real estate

taxes outstanding and a list of delinquent personal property taxes outstanding in sufficient detail

to permit the auditor to complete the auditor's records.
N.D. Cent. Code § 11-11-12 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-12
11-11-12. Board of county commissioners to provide courts with supplies and attendants
Status: repealed

11-11-12. Board of county commissioners to provide courts with supplies and

attendants.

Repealed by S.L. 1991, ch. 326, § 203.
N.D. Cent. Code § 11-15-16 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-16
11-15-16. Return prima facie evidence of facts stated therein
Status: in_force

11-15-16. Return prima facie evidence of facts stated therein

The return of the sheriff upon any process or notice is prima facie evidence of the facts

stated in such return.
N.D. Cent. Code § 11-01-20 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-20
11-01-20. Grant County
Status: in_force

11-01-20. Grant County

Beginning at a point where the line between ranges ninety and ninety-one west of the fifth

principal meridian intersects the main channel of the South Fork Cannonball River; thence in a

northeasterly direction along the main channel of the South Fork Cannonball River and the

Cannonball River to the intersection of the main channel of the Cannonball River with the eighth

standard parallel; thence west along the eighth standard parallel to the southeast corner of

township one hundred thirty-three north, range eighty-three west; thence north along the line

between ranges eighty-two and eighty-three west to the northeast corner of township one

hundred thirty-three north, range eighty-three west; thence west along the line between

townships one hundred thirty-three and one hundred thirty-four north to the southeast corner of

township one hundred thirty-four north, range eighty-five west; thence north along the line

between ranges eighty-four and eighty-five to the northeast corner of township one hundred

thirty-six north, range eighty-five west, a point on the ninth standard parallel; thence west along

the ninth standard parallel to the southeast corner of township one hundred thirty-seven north,

range eighty-eight west; thence north along the line between ranges eighty-seven and

eighty-eight west to the northeast corner of township one hundred thirty-seven north, range

eighty-eight west; thence west along the line between townships one hundred thirty-seven and

one hundred thirty-eight north to the northwest corner of township one hundred thirty-seven

north, range ninety west; thence south along the line between ranges ninety and ninety-one

west to the southwest corner of township one hundred thirty-seven north, range ninety west, a

point on the ninth standard parallel; thence east along the ninth standard parallel to the

northwest corner of township one hundred thirty-six north, range ninety west; thence continuing

south along the line between ranges ninety and ninety-one to the southwest corner of township

one hundred thirty-three north, range ninety west, a point on the eighth standard parallel; thence

east along the eighth standard parallel to the northwest corner of township one hundred

thirty-two north, range ninety west; thence continuing south along the line between ranges

ninety and ninety-one west to the point of beginning.
N.D. Cent. Code § 11-10-02.2 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-02.2
11-10-02.2. County supervisor of assessments - Appointment
Status: repealed

11-10-02.2. County supervisor of assessments - Appointment

Repealed by S.L. 1969, ch. 130, § 9.
N.D. Cent. Code § 11-28.2-02 — ND Code / Title 11 / Chapter 11-28.2 / Section 11-28.2-02
11-28.2-02. Meetings of recreation service districts - Election of board
Status: in_force

11-28.2-02. Meetings of recreation service districts - Election of board

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 than five

qualified voters of the district to serve as members of the board of recreation service district

commissioners. Each member elected and qualified shall serve until the first annual meeting of

the district. The voters of the district shall assemble and hold an annual meeting during the

month of June of each year, at a time and place within the county designated by the board of

recreation service district commissioners. In addition to the annual meeting, the board of

recreation service district commissioners may call a special meeting of the voters of the district

at the time and place the board selects. For any annual or special meeting, the board shall

publish notice of the meeting not less than fifteen days before the meeting in the official county

newspaper of the county in which the district is located and the notice must be mailed to

property owners of the district as recorded in the county treasurer's office in which the district is

located not less than fifteen days before the meeting. No fewer than five qualified voters of the

district must be elected to serve on the board of recreation service district commissioners at the

annual meeting. Each member elected shall serve a term of three years, until a successor is

elected and qualified. The term of each member must be established so that the terms of

approximately one-third of the members terminate each year. The members of the board are

entitled to receive compensation in an amount of no more than one hundred dollars per meeting

of the board, as determined by the board.
N.D. Cent. Code § 11-08-15 — ND Code / Title 11 / Chapter 11-08 / Section 11-08-15
11-08-15. Removal of officers
Status: in_force

11-08-15. Removal of officers

Any county officer appointed by the board of county commissioners or elected under the

provisions of this chapter may be suspended or removed by the governor or by judicial

proceedings in the manner provided by law.
N.D. Cent. Code § 11-28.2-04 — ND Code / Title 11 / Chapter 11-28.2 / Section 11-28.2-04
11-28.2-04. Powers of recreation service districts - Levying of special assessments
Status: in_force

11-28.2-04. Powers of recreation service districts - Levying of special assessments

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 agency to summer homes, cottages, and other residences and establishments that exist

within its boundaries, provide for the improvement and control of the environmental quality of

the recreation service district, and levy special assessments necessary to provide the services.

Any project or service provided by a recreation service district other than under section

11-28.2-04.1 must first be approved by a majority of the qualified voters of the district affected

by the special assessment and present and voting at an annual or special meeting called as

provided in this chapter. The levying of special assessments for services and improvement of

environmental quality must be levied against those parcels of property benefited in the manner

provided by law for the levying of special assessments for municipalities and the costs of police

protection may be levied in that manner. A recreation service district may contract with other

political subdivisions for joint or cooperative action as provided in chapter 54-40. The board of

recreation service district commissioners are responsible for the administration and accounting

of any obligations and accounts undertaken in accordance with this chapter. The board of

recreation service district commissioners shall serve as the special assessment commission

and shall make a complete list of the annual benefits and assessments on each parcel of

property within the district. The board shall also hear appeals from aggrieved property owners

concerning assessments made and may increase or decrease any assessment if just and

necessary. A special assessment may not exceed the benefits determined by the board to the

parcel of property assessed. The board may cooperate with the state or federal government in

furnishing assurances and meeting local cooperation requirements, within the scope of the

power of the board, in connection with any project involving the construction, improvement,

operation, maintenance, conservation, or use of the area, including waters, within the recreation

service district.
N.D. Cent. Code § 11-27-09 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-09
11-27-09. Sale of county lands to United States for national forest purposes
Status: in_force

11-27-09. Sale of county lands to United States for national forest purposes

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 willingness of the United States to pay such appraised value is expressed by

appropriate action of the authorized agency or officer, the said lands may be advertised for sale

in the manner provided in title 57. If no acceptable and satisfactory bid in excess of the

appraised value is received, the board may sell the lands to the United States upon payment of

the appraised and agreed value thereof.
N.D. Cent. Code § 11-12-06 — ND Code / Title 11 / Chapter 11-12 / Section 11-12-06
11-12-06. Commissioners for new districts - When elected - Terms of office
Status: in_force

11-12-06. Commissioners for new districts - When elected - Terms of office

At the first general election following the division of the county into five commissioners'

districts, commissioners for the new districts shall be elected. The commissioner for the fourth

district shall be elected for a term of two years, and the commissioner for the fifth district shall

be elected for a term of four years. The tenure of office of the members of the existing board of

county commissioners shall not be affected.
N.D. Cent. Code § 11-28-16 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-16
11-28-16. Powers and duties of board
Status: repealed

11-28-16. Powers and duties of board

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-28.2-05 — ND Code / Title 11 / Chapter 11-28.2 / Section 11-28.2-05
11-28.2-05. Dissolution of recreation service districts
Status: in_force

11-28.2-05. Dissolution of recreation service districts

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 general

fund of the county in which such recreation service district is located.
N.D. Cent. Code § 11-20-09 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-09
11-20-09. Contents of record of original field notes
Status: in_force

11-20-09. Contents of record of original field notes

The original field notes shall be taken and set down in the manner in which field notes of the

United States surveys are kept and shall contain all of the details of each survey in the order in

which the survey was made. The notes shall include in full all calculations made by the surveyor

to determine areas or to measure inaccessible distances, such as lake and river crossings, or

for any other purpose required by the survey. Diagrams may be used for purposes of illustration

but shall not be used instead of the written notes required to be kept. The field notebook shall

contain the certificate of the surveyor who made the surveys stating that the field notes therein

contained are the complete original field notes of the surveys therein referred to and described.
N.D. Cent. Code § 11-21-08 — ND Code / Title 11 / Chapter 11-21 / Section 11-21-08
11-21-08. Compensation of public administrator
Status: in_force

11-21-08. Compensation of public administrator

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. Cent. Code § 11-09-41 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-41
11-09-41. No money drawn from treasury unless in pursuance of appropriation - Accounts of appropriations
Status: in_force

11-09-41. No money drawn from treasury unless in pursuance of appropriation -

Accounts of appropriations.

No money shall be drawn from the treasury of the county, nor shall any obligation for the

expenditure of money be incurred, except in pursuance of the annual appropriation by the board

of county commissioners. Accounts shall be kept for each item of appropriation made by the

board. Each account shall show in detail the appropriation made thereto, the amount drawn

thereon, the unpaid obligations charged against it, and the unencumbered balance in the

appropriation account.
N.D. Cent. Code § 11-05-08 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-08
11-05-08. Resubmission of question
Status: repealed

11-05-08. Resubmission of question

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-10-05 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-05
11-10-05. When terms of county officers commence - When officers qualify
Status: in_force

11-10-05. When terms of county officers commence - When officers qualify

Except as otherwise specifically provided by the laws of this state, the regular term of office

of each county officer, when the officer is elected for a full term, shall commence on the first of

January next succeeding the officer's election and each such officer shall qualify and enter upon

the discharge of the officer's duties on the first of January next succeeding the date of the

officer's election. If the office to which an officer is elected was vacant at the time of the officer's

election or becomes vacant prior to the date fixed for the commencement of the officer's term,

the officer may qualify and enter upon the duties of the office forthwith even though the officer

was not elected to fill such vacancy. If an officer is elected to fill an unexpired term in an office

then held by an appointee, such officer may qualify and enter upon the discharge of the duties

of such office at any time after receiving a certificate of election to that office but not later than

the first Monday in January next succeeding the date of the officer's election to the unexpired

term of office.
N.D. Cent. Code § 11-27-10 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-10
11-27-10. Board of county commissioners may deed back land donated for a special purpose
Status: in_force

11-27-10. Board of county commissioners may deed back land donated for a special

purpose.

If land which has been donated to the county for a special purpose has not been used for

the purpose for which it was donated, for a period of one year or more, the board of county

commissioners may convey the land back to the donor or the donor's heirs or assigns for a

nominal consideration if the donor or the donor's heirs or assigns demand such conveyance

back to them.
N.D. Cent. Code § 11-06-03.1 — ND Code / Title 11 / Chapter 11-06 / Section 11-06-03.1
11-06-03.1. Boards of county commissioners to submit plan of county consolidation committee to electors
Status: in_force

11-06-03.1. Boards of county commissioners to submit plan of county consolidation

committee to electors.

Notwithstanding sections 11-06-01 and 11-06-03, if a plan for changing county lines is

submitted by a county consolidation committee to two or more boards of county commissioners

pursuant to chapter 11-05.1, each board of county commissioners shall submit the question of

the change in county lines to the qualified electors of the county at a general election as

specified by the county consolidation committee within two years of submission of the plan. The

election must be held in conjunction with the election held in any other county proposed to be

affected by the plan. Sections 11-06-06 and 11-06-07 apply to the plan for change in county

lines, unless the plan provides an alternative implementation date or arrangement for debts of

the transferred area.
N.D. Cent. Code § 11-19.1-07.1 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-07.1
11-19.1-07.1. Willful disturbance of dead body - Penalty
Status: in_force

11-19.1-07.1. Willful disturbance of dead body - Penalty

Any person who:

1. Willfully removes or otherwise disturbs a body which the actor knows died in a

suspicious or unusual manner; or

2. Willfully rearranges, removes, or otherwise disturbs the clothing or other articles on or

near a body which the actor knows died in a suspicious or unusual manner,

without authorization of a coroner or law enforcement officer is guilty of a class A misdemeanor.
N.D. Cent. Code § 11-05-03 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-03
11-05-03. Consolidation of all territory within organized county with two or more counties - Petitions required - Election
Status: repealed

11-05-03. Consolidation of all territory within organized county with two or more

counties - Petitions required - Election.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-28-15 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-15
11-28-15. Organization - Quorum
Status: repealed

11-28-15. Organization - Quorum

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-19.1-11 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-11
11-19.1-11. Autopsies - Notice of results
Status: in_force

11-19.1-11. Autopsies - Notice of results

1. The coroner or the coroner's medical deputy, if the coroner deems it necessary, may

take custody of the deceased human body for the purpose of autopsy. When the

coroner does not deem an autopsy necessary, the sheriff or state's attorney may direct

an autopsy be performed.

2. The autopsy must be performed by the state forensic examiner or by the state forensic

examiner's authorized pathologist at a facility approved by the state forensic examiner.

3. Upon the death of a minor whose cause of death is suspected by the minor's parent or

guardian or the coroner or the coroner's medical deputy to have been the unexplained

sudden death in infant or child with or without intrinsic or extrinsic factors, or both, the

coroner or the coroner's medical deputy, after consultation with the parent or guardian,

shall take custody of the body and shall arrange for the performance of the autopsy by

the state forensic examiner or a pathologist designated by the state forensic examiner,

unless the county coroner, sheriff, state's attorney, and the parent or guardian all agree

that an autopsy is unnecessary. The parents or guardian and the state health officer

must be promptly notified of the results of that autopsy.

4. A report of death, an autopsy report, and any working papers, notes, images, pictures,

photographs, or recordings in any form are confidential but the coroner may use or

disclose these materials for purposes of an investigation, inquest, prosecution, or

inspection by the department of corrections and rehabilitation. The coroner may

disclose a copy of the report of death in accordance with the authority of the state

forensic examiner under section 23-01-05.5 and may disclose an autopsy photograph

or other visual image or video or audio recording subject to limitations in section
N.D. Cent. Code § 11-11-36 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-36
11-11-36. Order of business
Status: in_force

11-11-36. Order of business

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 approval.

4. Signing of minutes of previous meeting by the chairman of the board and attesting of

the same by the county auditor.

5. Auditing and disposition of claims against the county either by approval or rejection.

6. Such other business as may properly come before the board.
N.D. Cent. Code § 11-28-06 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-06
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
Status: in_force

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.

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 an amount to pay the actual necessary expenses of the county park and recreational

areas and activities program of the board of county park commissioners, including repair and

operation of the park and recreational areas and their facilities under its control and those

recreational activities of benefit to the general populace of the county which are under the

control of a city or a city park district within the county. In the year for which the levy in sought, a

board of county park commissioners seeking approval of a property tax levy under this chapter

must file with the county auditor, at a time and in a format prescribed by the county auditor, a

financial report for the preceding calendar year showing the ending balances of each fund held

by the board of county park commissioners during that year. The county auditor shall credit the

funding authorized by the board of county commissioners to the separate fund of the board of

county park commissioners. This levy shall not apply to cities that already have a park levy

unless the governing body of the city by resolution consents to the levy.

The board of county commissioners shall consider the certificate and budget statement of

the board of county park commissioners and may levy taxes annually as provided in section

57-15-06.6 for county park capital projects; acquiring real estate as a site for public parks; and

construction, equipping, and maintaining structural and mechanical components of parks and

recreational facilities. The question of whether the levy for county park capital projects for

county parks and recreational facilities is to be discontinued must be submitted to the qualified

electors at the next regular election upon petition of twenty-five percent of the qualified electors

voting in the last regular county election, if the petition is filed not less than sixty days before the

election. A levy may not be discontinued or reduced if it is dedicated to the payment of bonds

issued pursuant to subsection 6 of section 21-03-07. If the majority of the qualified electors vote

to discontinue the levy for county park capital projects for county parks and recreational

facilities, it may not again be levied without a majority vote of the qualified electors at a later

regular election on the question of relevying the tax, which question may be submitted upon

petition as above provided or by decision of the governing board. The levy for county park

capital projects for county parks and recreational facilities does not apply to any property

located in a city in which park district taxes are levied, unless the governing body of the city in

which the property is located consents, by resolution, to the levy.
N.D. Cent. Code § 11-21-12 — ND Code / Title 11 / Chapter 11-21 / Section 11-21-12
11-21-12. Giving notice on taking charge of estate - Penalty for failure
Status: in_force

11-21-12. Giving notice on taking charge of estate - Penalty for failure

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 administrator

has taken charge of the estate. If a public administrator fails to file the notice, the administrator

shall forfeit and pay to the persons entitled to the estate a sum not exceeding two hundred

dollars and the court may remove the public administrator from office. The forfeiture shall be

recovered before the district court on motion and after reasonable notice of the motion has been

given to the public administrator.
N.D. Cent. Code § 11-38-08 — ND Code / Title 11 / Chapter 11-38 / Section 11-38-08
11-38-08. Achievement days - Premiums - Report of extension agent
Status: repealed

11-38-08. Achievement days - Premiums - Report of extension agent

Repealed by S.L. 2025, ch. 14, § 22.
N.D. Cent. Code § 11-14-17 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-17
11-14-17. Treasurer not credited with interest paid unless warrant endorsed
Status: in_force

11-14-17. Treasurer not credited with interest paid unless warrant endorsed

The county treasurer, on any settlement with the board of county commissioners, shall not

be credited with any sum paid for interest on any warrant or order unless, at the time of

receiving the same, the treasurer shall have noted on the warrant or order the amount of

interest due thereon.
N.D. Cent. Code § 11-27-09.1 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-09.1
11-27-09.1. Federal payments for game and fish lands - Allocation within county
Status: in_force

11-27-09.1. Federal payments for game and fish lands - Allocation within county

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 thereof shall be apportioned among the townships in which the land taken is located in

proportion to the number of acres [hectares] taken in each township, and shall be earmarked for

roads and deposited in the townships' special road fund. Such funds received by unorganized

townships shall be deposited in a special road and bridge fund maintained by the county for that

township. The remaining seventy-five percent shall be apportioned among the school districts in

which the land taken is located in proportion to the number of acres [hectares] taken.
N.D. Cent. Code § 11-38-03 — ND Code / Title 11 / Chapter 11-38 / Section 11-38-03
11-38-03. Form of ballot
Status: in_force

11-38-03. Form of ballot

The question to be voted upon as provided in section 11-38-01 must be submitted on a

separate ballot and must be worded as follows:

1. For a petition to authorize a levy:

For extension work ________________________☐

Against extension work _____________________☐

2. For a petition to discontinue a levy:

For discontinuing the extension work levy_______☐

Against discontinuing the extension work levy____☐
N.D. Cent. Code § 11-38-07 — ND Code / Title 11 / Chapter 11-38 / Section 11-38-07
11-38-07. Extension agent to submit monthly account of expenditures
Status: in_force

11-38-07. Extension agent to submit monthly account of expenditures

The extension agent shall submit monthly an accurate itemized account of all expenditures

incurred by the agent in the regular conduct of duties to the North Dakota state university

extension service for examination and audit. When charges are made by an extension agent for

money expended in the performance of official duties and consistent with the approved budget,

expenditures must be covered by a subvoucher or receipt according to county policy for

reimbursement. The subvoucher or receipt must show at what place, on what date, and for what

the money expended was paid. The extension agent shall forward the subvouchers or receipts

with the bill, claim, account, or demand against the county. Charges made for transportation

expenses may not exceed the amounts provided by section 11-10-15, and must be in itemized

form showing the mileage traveled, the days when and how traveled, and the purpose of travel,

verified by affidavit. The account must be transmitted and recommended for payment by the

North Dakota state university extension service which shall audit and approve or disallow any

expense item.
N.D. Cent. Code § 11-33.2-06 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-06
11-33.2-06. Publication of resolution - Effective date
Status: repealed

11-33.2-06. Publication of resolution - Effective date

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

of any resolution, the county auditor shall have notice of that fact published for two successive

weeks in the official newspaper of the county and in other newspapers published in the county

as the board of county commissioners may deem appropriate. The notice shall describe the

nature, scope, and purpose of the adopted resolution and shall state the times at which it will be

available for public inspection and copying at the office of the recorder. Proof of publication shall

be filed in the office of the county auditor. If no petition for a separate hearing is filed pursuant to

section 11-33.2-07, the resolution or amendment thereto shall take effect upon the expiration of

the time for filing said petition. If a petition for a separate hearing is filed pursuant to section

11-33.2-07, the resolution or amendment shall not take effect until the board of county

commissioners has affirmed the resolution or amendment in accordance with the procedures

set out in section 11-33.2-07. The resolution may be amended or repealed by the board of

county commissioners by following the same procedures as in the case of adoption of a

resolution.
N.D. Cent. Code § 11-19.1-13 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-13
11-19.1-13. Cause of death - Determination
Status: in_force

11-19.1-13. Cause of death - Determination

The cause of death, the manner of death, and the mode in which the death occurred must

be incorporated in the death certificate filed with the registrar of vital statistics of this state. The

term "unexplained sudden death in infant or child with or without intrinsic or extrinsic factors, or

both" may be entered on the death certificate as the principal cause of death only if the child is

under the age of one year and the death remains unexplained after a case investigation that

includes a complete autopsy of the infant at the state's expense, examination of the death

scene, and a review of the clinical history of the infant.
N.D. Cent. Code § 11-09-12 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-12
11-09-12. Powers and duties of county manager
Status: in_force

11-09-12. Powers and duties of county manager

The county manager of any county adopting any form of county managership shall:

1. Serve as the administrative head of the county government and be responsible to the

board of county commissioners for the proper administration of all the affairs of the

county which the board has authority to control.

2. Supervise the collection of all revenues.

3. Guard adequately all expenditures and secure proper accounting of all funds.

4. Look after the physical property of the county and exercise general supervision over all

county institutions and agencies.

5. With the approval of the board of county commissioners, coordinate the various

activities of the county and unify the management of its affairs.

6. Execute and enforce all resolutions and orders of the board of county commissioners

and see that all laws of the state required to be enforced through the board or other

county officers subject to its control are faithfully executed.

7. Attend all meetings of the board of county commissioners and recommend such

actions as the county manager may deem expedient.

8. Appoint all officers and employees in the administrative service of the county except as

otherwise provided in this chapter, and such employees may be employed on a

part-time basis and may be transferred among the different departments.

9. With the approval of the board of county commissioners, fix the compensation of all

officers, both elective and appointive, and of all employees whom the county manager

or a subordinate appoints.

10. Have the power to remove such officers, agents, or employees as the county manager

may appoint, and report every appointment or removal to the next meeting of the

board of county commissioners.

11. Prepare and submit the annual budget and execute the budget in accordance with the

resolutions and appropriations made by the board of county commissioners.

12. Make regular monthly reports to the board of county commissioners in regard to

matters of administration, and keep the board fully advised as to the financial condition

of the county.

13. Examine regularly the books and papers of every officer and department of the county

and report to the board of county commissioners the condition in which the county

manager finds them, and the county manager may order an audit of any office at any

time.

14. Perform such other duties as may be required of the county manager by the board of

county commissioners.
N.D. Cent. Code § 11-05-22 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-22
11-05-22. Territory in petitioning county to remain in same legislative district until apportionment - Election of legislators - How conducted
Status: repealed

11-05-22. Territory in petitioning county to remain in same legislative district until

apportionment - Election of legislators - How conducted.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-28.3-16 — ND Code / Title 11 / Chapter 11-28.3 / Section 11-28.3-16
11-28.3-16. Withdrawal from ambulance service district - Restrictions
Status: in_force

11-28.3-16. Withdrawal from ambulance service district - Restrictions

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 agreement with an adjacent emergency medical services operation

licensed by the department of health and human services to provide coverage to

the territory if the territory is withdrawn successfully.

2. The district shall discharge its financial obligations pursuant to the procedure under

section 11-28.3-17.

3. Notwithstanding subsection 1 of section 23-27-01 designating an ambulance service

area, the district is not obligated to maintain the withdrawn district within the primary

response area of the district.

4. The proceedings for withdrawal must be initiated by the filing of a petition with the

appropriate county auditor or signed by fifty electors, or if there are not fifty electors

residing in the area, fifty percent of the qualified electors in the territory sought to be

withdrawn and the petition must contain a description of the boundaries of the territory

sought to be withdrawn and a map or plat illustrating the area.

5. The county auditor shall determine whether the petition complies with the

requirements of subsection 5. If the petition is accepted, the county auditor promptly

shall designate a time and place for an election upon the petition and shall give notice

of the election in the manner prescribed by section 11-28.3-03. At the election, any

qualified elector residing within the boundaries of the territory to be withdrawn may

cast a vote. If the majority cast a vote in favor of the question of withdrawal, the

territory is considered withdrawn from the district.

6. The county auditor shall determine and certify the respective percentage proportions

of the taxable valuation of the territory petitioned to be withdrawn to the taxable

valuation of all property in the district before withdrawal to the board of directors of the

district withdrawn.

7. Within thirty days after receipt of the petition, verification, and computation of

respective percentage proportions, the board of directors of the district withdrawn shall

attach to the petition a statement of outstanding obligations of the district and shall

forward the petition to the appropriate board or boards of county commissioners.
N.D. Cent. Code § 11-10.1-03 — ND Code / Title 11 / Chapter 11-10.1 / Section 11-10.1-03
11-10.1-03. Deputies - Clerks
Status: in_force

11-10.1-03. Deputies - Clerks

The county director of tax equalization, within budgetary limits prescribed by the board of

county commissioners, may appoint full-time or part-time deputies and clerks as may be

necessary for the proper performance of the duties of the office and they shall receive such

compensation as may be authorized by the board of county commissioners.
N.D. Cent. Code § 11-28.3-07 — ND Code / Title 11 / Chapter 11-28.3 / Section 11-28.3-07
11-28.3-07. Regular meeting to be held - Special meeting
Status: in_force

11-28.3-07. Regular meeting to be held - Special meeting

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 in

which the district is situated. The meeting shall be held not less than seven nor more than

fourteen days after the date of publication of the notice. With proper notice as required under

section 44-04-20, the board of directors may call special meetings as necessary.
N.D. Cent. Code § 11-05-27 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-27
11-05-27. Suits against petitioning county brought against adjoining county - Payment of judgment against petitioning county
Status: repealed

11-05-27. Suits against petitioning county brought against adjoining county -

Payment of judgment against petitioning county.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-30-07 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-07
11-30-07. Vote required - Manner and time of disorganization
Status: in_force

11-30-07. Vote required - Manner and time of disorganization

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 the legal votes cast in

the county on the question shall be in favor of disorganization, the secretary of state shall notify

the governor immediately, and the governor shall issue a proclamation without delay

announcing and declaring the result of the election. On and after January first following the date

of such proclamation, the county shall be an unorganized county.
N.D. Cent. Code § 11-28.3-02 — ND Code / Title 11 / Chapter 11-28.3 / Section 11-28.3-02
11-28.3-02. Election in affected counties
Status: in_force

11-28.3-02. Election in affected counties

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 territory, fifty

percent of the eligible voters residing within the boundaries of the proposed district. If the

proposed district is situated within two or more counties, the county auditor of the county

wherein most of the petitioners reside shall confer with the other affected county auditors for the

purpose of determining the adequacy of the petitions in all the counties affected.

If the county auditor or county auditors determine the petitions submitted are adequate

according to the provisions of this chapter, the question of whether the rural ambulance service

district is to be formed and organized must be submitted to a vote of the qualified electors

residing in the proposed district at the next ensuing countywide special, primary, or general

election. The election provided for by this chapter must be conducted in the same manner as

other county elections are conducted, except as otherwise provided by this chapter.
N.D. Cent. Code § 11-11.1-04 — ND Code / Title 11 / Chapter 11-11.1 / Section 11-11.1-04
11-11.1-04. Tax levy for job development authorities - Financial report
Status: in_force

11-11.1-04. Tax levy for job development authorities - Financial report

The board of county commissioners of a county which has a job development authority or

joint job development authority shall establish a job development authority fund and may levy a

tax not exceeding the limitations in subsection 14 of section 57-15-06.7. In the year for which

the levy is sought, a job development authority or joint job development authority seeking

approval of a property tax levy under this chapter must file with the county auditor, at a time and

in a format prescribed by the county auditor, a financial report for the preceding calendar year

showing the ending balances of each fund held by the job development authority or joint job

development authority during that year. The county treasurer shall keep the job development

authority fund separate from other money of the county. The county treasurer shall transmit all

funds received pursuant to this section within thirty days to the board of directors of the

authority. The funds when paid to the authority must be deposited in a special account, or

special accounts if the authority chooses to maintain a separate account for promotion of

tourism, in which other revenues of the authority are deposited. Moneys received by the job

development authority from any other source must also be deposited in the special accounts.

The moneys in the special accounts may be expended by the authority as provided in sections

11-11.1-02 and 11-11.1-03.
N.D. Cent. Code § 11-23-11 — ND Code / Title 11 / Chapter 11-23 / Section 11-23-11
11-23-11. Penalty for violating county budget provisions
Status: repealed

11-23-11. Penalty for violating county budget provisions

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 11-39-09 — ND Code / Title 11 / Chapter 11-39 / Section 11-39-09
11-39-09. Treasurer to give bond - Duty of officers and directors
Status: in_force

11-39-09. Treasurer to give bond - Duty of officers and directors

The officers and directors of any fair association shall require the treasurer of the

association to give a sufficient bond to those officers and directors, conditioned for the faithful

keeping of that money as may come into the treasurer's hands as the treasurer. The treasurer

may not receive funds of a fair association until the treasurer is properly bonded.
N.D. Cent. Code § 11-11-32 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-32
11-11-32. Commissioners may employ architect - Compensation
Status: repealed

11-11-32. Commissioners may employ architect - Compensation

Repealed by S.L. 1979, ch. 163, § 1.
N.D. Cent. Code § 11-18-01 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-01
11-18-01. Recorder's duties - Recording and filing instruments - Abstracts
Status: in_force

11-18-01. Recorder's duties - Recording and filing instruments - Abstracts

The recorder shall:

1. Keep a full and true record, in proper books or other storage media provided for that

purpose, of each patent, deed, mortgage, bill of sale, security agreement, judgment,

decree, lien, certificate of sale, and other instrument required to be filed or admitted to

record, if the person offering the instrument for filing or recording pays to the recorder

the fees provided by law for the filing or recording.

2. Endorse upon each instrument filed with the recorder for record or otherwise the date

and the hour and minute of the day of the filing or recording.

3. When the instrument is recorded or filed, endorse on the instrument the book and

page or document number, the date, and the hour and minute of the date when it was

recorded or filed with the recorder.
N.D. Cent. Code § 11-10-10.2 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-10.2
11-10-10.2. Salary of clerk of the district court
Status: repealed

11-10-10.2. Salary of clerk of the district court

Repealed by S.L. 1975, ch. 87, § 2.
N.D. Cent. Code § 11-15-27 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-27
11-15-27. General powers of county constable - Fees
Status: repealed

11-15-27. General powers of county constable - Fees

Repealed by S.L. 1985, ch. 151, § 35.
N.D. Cent. Code § 11-28.3-13 — ND Code / Title 11 / Chapter 11-28.3 / Section 11-28.3-13
11-28.3-13. Boundaries of rural ambulance service district - Dissolution of the district
Status: in_force

11-28.3-13. Boundaries of rural ambulance service district - Dissolution of the district

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; nor

does it impair, affect, or discharge any contract, obligation, lien, or charge for or upon which it

might be liable had such change of boundaries not been made.

Dissolution of a rural ambulance service district may be accomplished as provided in this

section. If an ambulance service district in whole does not provide emergency medical services

under section 23-27-01, whether directly or through a contract under section 11-28.3-12, the

district board, upon its own motion and vote, may dissolve the district effective the subsequent

tax year. The territory remains subject to all debts and obligations of the dissolved district

pursuant to the procedure under section 11-28.3-17. Any funds remaining after all debts and

obligations are paid must be divided among those rural ambulance service districts or political

subdivisions responsible for emergency medical service operations in the jurisdiction in the

same proportion as the geographical area of the district.
N.D. Cent. Code § 11-09.2-01 — ND Code / Title 11 / Chapter 11-09.2 / Section 11-09.2-01
11-09.2-01. County lodging tax - Imposition - Amount - Disposition
Status: in_force

11-09.2-01. A county may not impose a county lodging and restaurant tax under this section on

the gross receipts of retailers located within the boundaries of a city within that county if the city

has imposed a city lodging and restaurant tax, or subsequently enacts and imposes a city

lodging and restaurant tax, under section 40-57.3-01.1, on the gross receipts from the same

transaction. A county that imposes the tax under this section shall deposit all proceeds in the

county visitors' promotion fund. Moneys deposited in the county visitors' promotion fund may be

spent only as provided in this chapter.
N.D. Cent. Code § 11-33-08 — ND Code / Title 11 / Chapter 11-33 / Section 11-33-08
11-33-08. Hearings
Status: in_force

11-33-08. Hearings

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, place,

and purpose of the hearing shall be published once each week for two consecutive weeks in the

official newspaper of the county, and in such other newspapers published in the county as the

county planning commission may deem necessary. Said notice shall describe the nature, scope,

and purpose of the proposed resolution, and shall state the times at which it will be available to

the public for inspection and copying at the office of the county auditor.
N.D. Cent. Code § 11-10-19.1 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-19.1
11-10-19.1. Use of photography in making county records
Status: in_force

11-10-19.1. Use of photography in making county records

Whenever a statute requires an order, will, or other instrument, document, or decree to be

transcribed into a record book of a county official, the same may be done by affixing a

photostatic or photographic copy thereof to a page of the record book. Such photostatic or

photographic copy shall be certified as to correctness by the county official. The photostatic or

photographic copy and the certificate shall then be affixed to the page of the record book, and

the county official shall inscribe on such page the nature of the instrument affixed, the date

recorded, and the official's signature.
N.D. Cent. Code § 11-01-26 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-26
11-01-26. McHenry County
Status: in_force

11-01-26. McHenry County

Beginning at the southwest corner of township one hundred fifty-one north, range eighty

west of the fifth principal meridian; thence east along the line between townships one hundred

fifty and one hundred fifty-one north to the southeast corner of township one hundred fifty-one

north, range seventy-five west; thence north along the line between ranges seventy-four and

seventy-five west to the northeast corner of township one hundred fifty-two north, range

seventy-five west, a point on the thirteenth standard parallel; thence west along the thirteenth

standard parallel to the southeast corner of township one hundred fifty-three north, range

seventy-five west; thence continuing north along the line between ranges seventy-four and

seventy-five west to the northeast corner of township one hundred fifty-six north, range

seventy-five west, a point on the fourteenth standard parallel; thence west along the fourteenth

standard parallel to the southeast corner of township one hundred fifty-seven north, range

seventy-five west; thence continuing north along the line between ranges seventy-four and

seventy-five west to the northeast corner of township one hundred fifty-eight north, range

seventy-five west; thence west along the line between townships one hundred fifty-eight and

one hundred fifty-nine north to the northeast corner of township one hundred fifty-eight north,

range seventy-six west; thence north along the line between ranges seventy-five and

seventy-six west to the northeast corner of township one hundred fifty-nine north, range

seventy-six west; thence west along the line between townships one hundred fifty-nine and one

hundred sixty north to the northwest corner of township one hundred fifty-nine north, range

eighty west; thence south along the line between ranges eighty and eighty-one west to the

southwest corner of township one hundred fifty-seven north, range eighty west, a point on the

fourteenth standard parallel; thence east along the fourteenth standard parallel to the northwest

corner of township one hundred fifty-six north, range eighty west; thence continuing south along

the line between ranges eighty and eighty-one west to the southwest corner of township one

hundred fifty-three north, range eighty west, a point on the thirteenth standard parallel; thence

east along the thirteenth standard parallel to the northwest corner of township one hundred

fifty-two north, range eighty west; thence continuing south along the line between ranges eighty

and eighty-one west to the point of beginning.
N.D. Cent. Code § 11-09-20 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-20
11-09-20. Treasurer - Who to perform functions
Status: in_force

11-09-20. Treasurer - Who to perform functions

The functions imposed on county treasurers by general statutes shall be performed by or

under the direction of:

1. The county manager in a county adopting a short form of county managership.

2. The director of finance in a county adopting a county manager form of government.

Each of such officers shall act as tax collector and county treasurer or shall appoint and have

supervision over the person performing such duties.
N.D. Cent. Code § 11-16-15 — ND Code / Title 11 / Chapter 11-16 / Section 11-16-15
11-16-15. Criminal act causing death - Felony - Inquiry - State's attorney may subpoena witnesses
Status: in_force

11-16-15. Criminal act causing death - Felony - Inquiry - State's attorney may

subpoena witnesses.

If a state's attorney is aware of any violation or criminal act causing a death or has reason to

believe a felony has been committed, the state's attorney may, prior to a crime being charged,

inquire into the facts of the violation or criminal act, and, with the consent and approval of the

district judge of the county, for such purpose the state's attorney may issue a subpoena for any

person who the state's attorney has reason to believe has any information or knowledge of the

violation, to appear at a time and place designated in such subpoena to testify concerning the

violation. The subpoena must be directed to the sheriff of the county and must be served and

returned to the state's attorney in the same manner as subpoenas are served and returned in

criminal cases. Each witness must be sworn to testify under oath and to make true answer to all

questions which may be propounded to the witness by the state's attorney touching the violation

or criminal act. The testimony of every witness must be reduced to writing and must become a

part of the coroner's files in the case of a death and of the state's attorney's files in all other

cases. For all purposes in this section, the state's attorney may:

1. Administer oaths or affirmations to all witnesses.

2. Apply to the district court for the punishment of any witness for contempt for any

disobedience of a subpoena, a refusal to be sworn or to answer as a witness, or a

refusal to sign testimony of the witness.

3. Compel the attendance of witnesses under the North Dakota Rules of Criminal

Procedure. Any witness compelled to testify under this section is entitled to counsel

and all other constitutional rights.
N.D. Cent. Code § 11-25-02 — ND Code / Title 11 / Chapter 11-25 / Section 11-25-02
11-25-02. Treasurer to keep record of warrants paid
Status: in_force

11-25-02. Treasurer to keep record of warrants paid

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. Cent. Code § 11-09.1-04.1 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-04.1
11-09.1-04.1. Multicounty home rule
Status: in_force

11-09.1-04.1. Multicounty home rule

1. Two or more counties may draft and submit for adoption a multicounty home rule

charter to the electors of each county pursuant to this section. The other provisions of

this chapter apply to a multicounty home rule charter, except as otherwise provided by

this section.

2. The process for drafting and submitting a multicounty home rule charter may be

initiated by:

a. Separate motions by the boards of county commissioners of the participating

counties;

b. The execution of a joint powers agreement between participating counties; or

c. A petition filed with each board of county commissioners of two or more counties

and signed by ten percent or more of the total number of qualified electors of

each county voting for governor at the most recent gubernatorial election.

3. Within sixty days after proceedings are initiated for a multicounty home rule charter,

the boards of county commissioners shall enter into a joint powers agreement

specifying the procedure for framing the charter, which may include the establishment

of a single cooperative charter commission with membership representing each

county. As an alternative, the boards of county commissioners in each affected county

may establish a separate charter commission pursuant to section 11-09.1-02 to frame

the charter in cooperative study with the charter commission of any other affected

county. The charter commissions must submit a single joint report and proposed

charter.

4. A charter commission, during its deliberation, may hold public hearings and community

forums and use other suitable means to disseminate information, receive suggestions

and comments, and encourage public discussion on the subject of the proposed

multicounty home rule charter, and may report periodically to the affected governing

bodies on their progress. In preparing the charter, the charter commission may:

a. Include any, or all, of the available powers enumerated in section 11-09.1-05,

subject to the limitations of that section;

b. Provide for adjustment of existing bonded indebtedness and other obligations in a

manner that will provide for a fair and equitable burden of taxation for debt

service;

c. Provide for the transfer or other disposition of property and other rights, claims,

assets, and franchises of the counties;

d. Provide for the reorganization, abolition, or adjustment of boundaries of any

existing boards, commissions, agencies, and special districts of the county

government;

e. Include provisions for transition in implementing the charter, including elements

that consider the reasonable expectations of current officeholders such as

delayed effective dates for implementation at the end of a current term or a future

term, upon the occurrence of a vacancy, or on a date certain;

f. Include provision for the limited application or temporary implementation of the

charter, including provisions that permit implementation on an experimental or

pilot basis such as the expiration of the charter on a date certain in the future,

required reapproval of the charter by the electors at a future date, or a phased-in

implementation of various components of the charter; and

g. Include other provisions that the charter commission elects to include and which

are consistent with state law.

5. The proposed charter or accurate summary of the charter must be published in the

official newspaper of each affected county, at least once during two different weeks

within the thirty-day period immediately preceding the date of election.

6. If a majority of the qualified electors voting in each county on the charter votes in favor

of the multicounty home rule charter, it is ratified and becomes the organic law of the

multicounty area on the first day of January following the election or other effective

date specified in the charter.

7. The amendment or repeal of a multicounty home rule charter may proceed pursuant to

the amendment and repeal provisions of section 11-09.1-06 on a multicounty basis. A

majority vote of the qualified electors voting in each county in the election is required

to adopt any amendment of a multicounty charter. A majority vote of the qualified

electors of only one or more participating counties is required to repeal a multicounty

charter.
N.D. Cent. Code § 11-33.2-01 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-01
11-33.2-01. Subdivision defined
Status: in_force

11-33.2-01. Subdivision defined

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 plat or plan

which includes the creation of any part of one or more streets, public easements, or other rights

of way, whether public or private, for access to or from any such lot, tract, or parcel, and the

creation of new or enlarged parks, playgrounds, plazas, or open spaces.
N.D. Cent. Code § 11-10-30 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-30
11-10-30. Acceptance of payment by credit card or other payment method
Status: in_force

11-10-30. Acceptance of payment by credit card or other payment method

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 other fee incurred by the county may be added to the payment as a

service charge for the acceptance of payment by a method authorized by this section. The

county auditor or individual functioning as county auditor for a county may determine which

nationally recognized cards or other payment methods will be accepted for payments made

under this section and the amount of the applicable service charge. A person's liability for a

payment is not discharged until the county has received payment or credit from the institution

responsible for making the payment or credit.
N.D. Cent. Code § 11-11-40 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-40
11-11-40. Appeal from decision of board by county by state's attorney on demand
Status: repealed

11-11-40. Appeal from decision of board by county by state's attorney on demand

Repealed by S.L. 1975, ch. 94, § 1.
N.D. Cent. Code § 11-01-23 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-23
11-01-23. Kidder County
Status: in_force

11-01-23. Kidder County

Beginning at the southwest corner of township one hundred thirty-seven north, range

seventy-four west of the fifth principal meridian, a point on the ninth standard parallel; thence

east along the ninth standard parallel to the southeast corner of township one hundred

thirty-seven north, range seventy west; thence north along the line between ranges sixty-nine

and seventy west to the northeast corner of township one hundred forty north, range seventy

west, a point on the tenth standard parallel; thence west along the tenth standard parallel to the

southeast corner of township one hundred forty-one north, range seventy west; thence

continuing north along the line between ranges sixty-nine and seventy west to the northeast

corner of township one hundred forty-four north, range seventy west, a point on the eleventh

standard parallel; thence west along the eleventh standard parallel to the northwest corner of

township one hundred forty-four north, range seventy-four west; thence south along the line

between ranges seventy-four and seventy-five west to the southwest corner of township one

hundred forty-one north, range seventy-four west, a point on the tenth standard parallel; thence

east along the tenth standard parallel to the northwest corner of township one hundred forty

north, range seventy-four west; thence continuing south along the line between ranges

seventy-four and seventy-five west to the point of beginning.
N.D. Cent. Code § 11-03-16 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-16
11-03-16. Tax levy by new county for payment of bonds
Status: in_force

11-03-16. Tax levy by new county for payment of bonds

The board of county commissioners of a county issuing bonds under the provisions of this

chapter shall levy and cause to be collected for each year after the date of such bonds a tax

sufficient to pay the interest thereon as it shall become due and also sufficient to establish

sinking funds required under the laws under which the bonds of the original county were issued

and sufficient to redeem the bonds at maturity.
N.D. Cent. Code § 11-20-03 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-03
11-20-03. Assistants - Appointment - Qualifications
Status: in_force

11-20-03. Assistants - Appointment - Qualifications

The county surveyor may appoint all chainmen, markers, and assistants required to make a

survey. When the survey is of lines and monuments in dispute between parties or is made by

order of the district court, the chainmen must be disinterested persons.
N.D. Cent. Code § 11-11-19.1 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-19.1
11-11-19.1. Lease purchase - Building authority
Status: in_force

11-11-19.1. Lease purchase - Building authority

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 of any structure having a cost of more than four million dollars.
N.D. Cent. Code § 11-15-26 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-26
11-15-26. Sheriff to deliver commitment papers to warden and receive receipt for prisoner
Status: in_force

11-15-26. Sheriff to deliver commitment papers to warden and receive receipt for

prisoner.

The sheriff shall deliver a person sentenced to be confined in the penitentiary to the warden

of the penitentiary together with a certified copy of the judgment and sentence of the court

ordering the imprisonment. The warden shall deliver to the sheriff a receipt in which the warden

acknowledges the delivery to the sheriff of the prisoner, naming the prisoner. The sheriff shall

return such receipt to the clerk of the court in which the conviction and sentence were had, and

the clerk shall file and retain the same in the clerk's office.
N.D. Cent. Code § 11-09-45 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-45
11-09-45. Public works - Who in charge - Duties
Status: in_force

11-09-45. Public works - Who in charge - Duties

The county manager in counties adopting a short form of county managership and the

director of public works in counties adopting a county manager form of government shall have

charge of the construction and maintenance of county roads and bridges, county drains and

other public works, public buildings, storerooms, warehouses, and such equipment and supplies

as the board of county commissioners may authorize. The manager or director shall perform

such other duties as the board may prescribe.
N.D. Cent. Code § 11-13-01 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-01
11-13-01. When county auditor to qualify and take office
Status: in_force

11-13-01. When county auditor to qualify and take office

The county auditor shall qualify and enter upon the discharge of the duties of office on the

first of April next succeeding the auditor's election.
N.D. Cent. Code § 11-18-12 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-12
11-18-12. Record, when complete - Penalty for alteration
Status: repealed

11-18-12. Record, when complete - Penalty for alteration

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 11-16-01.1 — ND Code / Title 11 / Chapter 11-16 / Section 11-16-01.1
11-16-01.1. Restitution collection and enforcement
Status: in_force

11-16-01.1. Restitution collection and enforcement

Except as provided in this section, the county and state offices performing restitution

collection and enforcement activities as of April 1, 2001, shall continue to perform those

activities. In counties in which a county office performs those activities, a county may transfer

responsibility for the activities to another county office.
N.D. Cent. Code § 11-20-06 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-06
11-20-06. When surveyor of adjoining county may act
Status: in_force

11-20-06. When surveyor of adjoining county may act

Whenever a survey is required of land in which the county surveyor or either of the

surveyor's deputies may be interested, or when from any cause the surveyor or deputy surveyor

of the county cannot be found or is unable to act, the survey may be made by the surveyor of an

adjoining county or any of that surveyor's deputies. Such survey shall have the same effect as a

survey made by the surveyor of the county in which the land is situated.
N.D. Cent. Code § 11-11-64 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-64
11-11-64. Bond guarantee fund - Purpose - Limitations
Status: in_force

11-11-64. Bond guarantee fund - Purpose - Limitations

The board of county commissioners of any county having a population of not more than two

thousand may establish a bond guarantee fund as provided in this section. The bond guarantee

fund may be used to guarantee the indebtedness of nonprofit corporations organized for the

purpose of constructing and operating nursing homes and related health care facilities located in

this state. The nursing home or related health care facilities need not be located within the

boundaries of the county establishing the bond guarantee fund. The board of county

commissioners shall establish the terms and conditions of any agreements entered under this

section. The funds used to guarantee a project under this section must be deposited in a

federally insured account in such amounts as are determined necessary to guarantee the

indebtedness of the nonprofit corporation incurred for the purposes authorized under this

section. Nothing in this section is to be construed as creating an indebtedness of the county or

the state or as incurring any liability on the county or the state, except the liability payable solely

from the assets of the bond guarantee fund.
N.D. Cent. Code § 11-04-10 — ND Code / Title 11 / Chapter 11-04 / Section 11-04-10
11-04-10. Statement of result of election for removal of county seat - Where filed
Status: in_force

11-04-10. Statement of result of election for removal of county seat - Where filed

Whenever an election for removal of a county seat has been held, the statement made by

the board of county commissioners showing the result of the election must be filed in the office

of the county auditor and a certified copy thereof transmitted to the secretary of state.
N.D. Cent. Code § 11-04-07 — ND Code / Title 11 / Chapter 11-04 / Section 11-04-07
11-04-07. Form of ballot on county seat removal
Status: in_force

11-04-07. Form of ballot on county seat removal

The ballot to be used at an election for the removal of a county seat must be in a form that

will allow an elector to vote for the existing county seat or a place in the county named in the

petition under section 11-04-04.
N.D. Cent. Code § 11-28.1-03 — ND Code / Title 11 / Chapter 11-28.1 / Section 11-28.1-03
11-28.1-03. Hearing - Notice
Status: in_force

11-28.1-03. Hearing - Notice

The board of county park commissioners shall cause the resolution adopting the plans,

specifications, and estimates for the police protection or garbage removal district to be

published once each week for two consecutive weeks in the official county newspaper, together

with a notice of the time and place where the board of county park commissioners will meet to

hear objections made by any interested party or an interested party's agent or attorney. The

date set for such hearing shall be not less than fifteen days after the first publication of the

notice.
N.D. Cent. Code § 11-03-27 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-27
11-03-27. Fees of county commissioners
Status: in_force

11-03-27. Fees of county commissioners

County commissioners while in the discharge of their duties as provided for in this chapter

shall receive the same compensation as is allowed by law for the performance by county

commissioners of their ordinary official duties.
N.D. Cent. Code § 11-33.2-04 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-04
11-33.2-04. Preparation of subdivision resolution - Contents
Status: in_force

11-33.2-04. Preparation of subdivision resolution - Contents

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 11-33-05, to prepare a proposed resolution regulating the subdivision of land. The

county planning commission shall prepare the proposed resolution to be submitted to the board

of county commissioners and shall file it in the office of the county auditor. The proposed

subdivision resolution may include:

1. Provisions for the submittal and processing of plats, and specifications for such plats,

including provisions for preliminary and final approval and for processing of final

approval by stages or sections of development.

2. Provisions for ensuring that:

a. The location, layout, or arrangement of a proposed subdivision shall conform to

the comprehensive plan of the county.

b. Streets in and bordering a subdivision shall be coordinated, and be of such width

and grade and in such locations as deemed necessary to accommodate

prospective traffic, and facilitate fire protection.

c. Adequate easements or rights of way shall be provided for drainage and utilities.

d. Reservations if any by the developer of any area designed for use as public

grounds shall be of suitable size and location for the designated use.

e. Land which is subject to extraordinary hazards, including flooding and

subsidence, either shall be made safe for the purpose for which such land is

proposed to be used, or shall be set aside for uses which shall not endanger life

or property or further aggravate or increase the existing hazard.

3. Provisions governing the standards that public improvements shall meet, including

streets, walkways, curbs, gutters, streetlights, fire hydrants, and water and sewage

facilities. As a condition of final approval of plats, the board of county commissioners

may require that the subdivider make and install such public improvements at the

subdivider's expense and that the subdivider execute a surety bond or other security to

ensure that the subdivider will so make those improvements within such time as the

board of county commissioners shall set.

4. Provisions for release of a surety bond or other security upon completion of public

improvements required to be made by the subdivider.

5. Provisions for encouraging and promoting flexibility, economy, and ingenuity in the

location, layout, and design of subdivisions, including provisions authorizing the board

of county commissioners to attach conditions to plat approvals requiring practices

which are in accordance with modern and evolving principles of subdivision planning

and development, as determined by the board of county commissioners.
N.D. Cent. Code § 11-03-19 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-19
11-03-19. Special funds belonging to taxing districts within new county - Delivery - Distribution
Status: in_force

11-03-19. Special funds belonging to taxing districts within new county - Delivery -

Distribution.

At the time of the settlement provided for in section 11-03-11, all money on hand in the

treasury of a county from which a portion segregates under this chapter and which belongs to

special funds owned by taxing districts which, after the segregation, are within the boundaries of

the new county, shall be turned over in full by the treasurer of the original county to the treasurer

of the new county. The treasurer of the new county shall receipt for such funds and shall place

the same to the credit of the taxing districts within the new county to which they properly belong.
N.D. Cent. Code § 11-03-24 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-24
11-03-24. New county within judicial district
Status: in_force

11-03-24. New county within judicial district

A county organized under the provisions of this chapter shall remain a part of the judicial

district to which it belonged before its organization.
N.D. Cent. Code § 11-08-03 — ND Code / Title 11 / Chapter 11-08 / Section 11-08-03
11-08-03. Election - Notice - How conducted - Canvass - Return
Status: in_force

11-08-03. Election - Notice - How conducted - Canvass - Return

The county auditor shall publish a notice of the election in the official county newspaper

once each week for four successive weeks prior to the election at which the question is to be

submitted. The notice shall contain the question to be voted upon and the statement that the

question will be submitted to the electors at the election designated therein for their approval or

rejection. In all other respects, the election upon such question shall be held and conducted and

the votes canvassed and returned in the manner provided by the laws of this state for the

election of county officers at a general election.
N.D. Cent. Code § 11-09.1-13 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-13
11-09.1-13. Enforcement of criminal penalties
Status: in_force

11-09.1-13. Enforcement of criminal penalties

A county that has adopted a home rule charter may impose a penalty for a violation of an

ordinance through a citation, a criminal complaint, or an information through the district court in

the county where the offense occurred. The penalty for a violation of an ordinance may be an

infraction or a class B misdemeanor.
N.D. Cent. Code § 11-01-50 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-50
11-01-50. Traill County
Status: in_force

11-01-50. Traill County

Beginning at the southwest corner of township one hundred forty-four north, range

fifty-three west of the fifth principal meridian; thence east along the line between townships one

hundred forty-three and one hundred forty-four north to the main channel of the Red River of the

North; thence in a northerly direction along the main channel of the Red River of the North to the

intersection of the main channel of the Red River of the North and the twelfth standard parallel;

thence west along the twelfth standard parallel to the northwest corner of township one hundred

forty-eight north, range fifty-three west; thence south along the line between ranges fifty-three

and fifty-four west to the southwest corner of township one hundred forty-five north, range

fifty-three west, a point on the eleventh standard parallel; thence east along the eleventh

standard parallel to the northwest corner of township one hundred forty-four north, range

fifty-three west; thence continuing south along the line between ranges fifty-three and fifty-four

west to the point of beginning.
N.D. Cent. Code § 11-01-04 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-04
11-01-04. Benson County
Status: in_force

11-01-04. Benson County

Beginning at the southwest corner of township one hundred fifty-one north, range

seventy-one west of the fifth principal meridian; thence east along the line between townships

one hundred fifty and one hundred fifty-one north to the southeast corner of township one

hundred fifty-one north, range sixty-two west; thence north along the line between ranges

sixty-one and sixty-two to a point one thousand three hundred twenty feet, more or less, south

of the northeast corner of section twelve, township one hundred fifty-one north, range sixty-two

west, the same being the quarter quarter line; thence due west along said quarter quarter line to

point where said quarter quarter line intersects the east boundary of the Devils Lake Indian

Reservation; thence northerly along said boundary line to the southeast corner of lot five,

section ten, township one hundred fifty-one, range sixty-two; thence due west along the south

line of said lot five and thence due west on the quarter quarter line to a point where said quarter

quarter line intersects the meander line of East Devils Lake; thence southerly along said

meander line to the southern extremity of said meander line on said East Devils Lake as

re-established by the United States department of the interior in surveys accepted in 1972;

thence in a northwesterly direction along said south meander line of East Devils Lake and

Devils Lake to the point of intersection of the thirteenth standard parallel with the meander line

of Devils Lake in section thirty-one, township one hundred fifty-three north, range sixty-five west;

thence west along said thirteenth standard parallel to the intersection of the range line between

ranges sixty-five and sixty-six west; thence north along said range line to the northeast corner of

township one hundred fifty-three north, range sixty-six west; thence west along the line between

townships one hundred fifty-three and one hundred fifty-four north to a point on the west

meander line of Devils Lake as re-established by the United States department of the interior in

surveys accepted in 1972; thence in a northwesterly direction along said meander line to a point

where said meander line intersects the center of Mauvaise Coulee; thence in a northwesterly

direction along the center of Mauvaise Coulee to a point where said centerline intersects the

range line between ranges sixty-six and sixty-seven west; thence north along said range line to

the northeast corner of township one hundred fifty-six north, range sixty-seven west, a point on

the fourteenth standard parallel; thence west along the fourteenth standard parallel to the

northwest corner of township one hundred fifty-six north, range seventy-one west; thence south

along the line between ranges seventy-one and seventy-two west to the southwest corner of

township one hundred fifty-three north, range seventy-one west, a point on the thirteenth

standard parallel; thence east along the thirteenth standard parallel to the northwest corner of

township one hundred fifty-two north, range seventy-one west; thence continuing south along

the line between ranges seventy-one and seventy-two west to the point of beginning.
N.D. Cent. Code § 11-09-06 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-06
11-09-06. Ballot for submitting question of adopting the short form of county managership
Status: repealed

11-09-06. Ballot for submitting question of adopting the short form of county

managership.

Repealed by S.L. 1965, ch. 98, § 54.
N.D. Cent. Code § 11-20-16 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-16
11-20-16. Fees of county surveyor
Status: repealed

11-20-16. Fees of county surveyor

Repealed by S.L. 1953, ch. 115, § 2.
N.D. Cent. Code § 11-09.1-07 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-07
11-09.1-07. Commission - Terms of office - Vacancies
Status: in_force

11-09.1-07. Commission - Terms of office - Vacancies

The board of county commissioners shall determine the term of office of the members of the

charter commission at the time the members are appointed. The board of county commissioners

shall fill any vacancy on the charter commission.
N.D. Cent. Code § 11-01-31 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-31
11-01-31. Morton County
Status: in_force

11-01-31. Morton County

Beginning at the southwest corner of township one hundred thirty-eight north, range ninety

west of the fifth principal meridian; thence east along the line between townships one hundred

thirty-seven and one hundred thirty-eight north to the northwest corner of township one hundred

thirty-seven north, range eighty-seven west; thence south along the line between ranges

eighty-seven and eighty-eight west to the southwest corner of township one hundred

thirty-seven north, range eighty-seven west, a point on the ninth standard parallel; thence east

along the ninth standard parallel to the northwest corner of township one hundred thirty-six

north, range eighty-four west; thence south along the line between ranges eighty-four and

eighty-five west to the southwest corner of township one hundred thirty-four north, range

eighty-four west; thence east along the line between townships one hundred thirty-three and

one hundred thirty-four north to the northwest corner of township one hundred thirty-three north,

range eighty-two west; thence south along the line between ranges eighty-two and eighty-three

west to the southwest corner of township one hundred thirty-three north, range eighty-two west,

a point on the eighth standard parallel; thence east along the eighth standard parallel to the

point where the eighth standard parallel intersects the main channel of the Cannonball River;

thence in a northeasterly direction along the main channel of the Cannonball River to the main

channel of the Missouri River; thence in a northerly direction along the main channel of the

Missouri River to the intersection of the tenth standard parallel with the main channel of the

Missouri River; thence west along the tenth standard parallel to the northwest corner of

township one hundred forty north, range ninety west; thence south along the line between

ranges ninety and ninety-one west to the point of beginning.
N.D. Cent. Code § 11-05-06 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-06
11-05-06. Canvass of votes and returns - How made
Status: in_force

11-05-06. Canvass of votes and returns - How made

The votes polled at an election held under the provisions of this chapter shall be canvassed

and returned in the manner provided for canvassing votes polled at general elections.
N.D. Cent. Code § 11-39-07 — ND Code / Title 11 / Chapter 11-39 / Section 11-39-07
11-39-07. Power to make regulations governing premises
Status: in_force

11-39-07. Power to make regulations governing premises

Fair associations may make rules, regulations, and provisions necessary and proper for the

government, management, and control of the premises used by them for the holding of fairs and

expositions and for the regulation of the use of the premises.
N.D. Cent. Code § 11-19.1-12 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-12
11-19.1-12. Coroner may order removal of body
Status: in_force

11-19.1-12. Coroner may order removal of body

Where the county does not provide a morgue or morgue facilities for the use of the coroner,

the coroner may use existing hospital facilities. When post mortem is completed at county

morgue facilities or existing hospital facilities, the coroner after getting expressed order of the

person lawfully entitled to the custody of the deceased person's remains as to the funeral home

of the person's choice, shall order the remains released to such funeral home, or the coroner

after getting the expressed order of the person lawfully entitled to the custody of the deceased

person's remains, as to the funeral home of the person's choice, may order the remains

removed to such funeral home and the necessary post mortem conducted there.
N.D. Cent. Code § 11-21-13 — ND Code / Title 11 / Chapter 11-21 / Section 11-21-13
11-21-13. Court may order public administrator to account to successors
Status: in_force

11-21-13. Court may order public administrator to account to successors

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 to

any personal representative or conservator regularly appointed as provided by law.
N.D. Cent. Code § 11-10-04.1 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-04.1
11-10-04.1. Board members must reside in taxing district
Status: in_force

11-10-04.1. Board members must reside in taxing district

Unless otherwise provided by law, an appointed member of a county board, commission, or

committee that has authority to levy taxes must be a resident of the area subject to taxation by

the board, commission, or committee.
N.D. Cent. Code § 11-09.1-06 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-06
11-09.1-06. Amendment or repeal
Status: repealed

11-09.1-06. Amendment or repeal

Except as provided in section 11-09.1-06.1, the home rule charter adopted by a county may

be amended or repealed by a proposal by the governing body of the county or by petition of the

number of electors provided in section 11-09.1-01, submitted to and ratified by the qualified

electors of the county. A petition to amend or repeal a home rule charter must be submitted to

the governing body of the county. Within thirty days of receipt of a valid petition or approval of a

proposal to amend or repeal a home rule charter, the governing body of the county shall publish

any proposed amendment or repeal of a home rule charter once in the official newspaper of the

county. At least sixty days after publication, the proposed amendment or repeal must be

submitted to a vote of the qualified electors of the county at the next primary or general election.

The electors may accept or reject any amendment or a repeal by a majority vote of qualified

electors voting on the question at the election.
N.D. Cent. Code § 11-20-04 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-04
11-20-04. Oath of assistants to county surveyor
Status: in_force

11-20-04. Oath of assistants to county surveyor

Every chainman and marker employed by the county surveyor in making surveys shall take

an oath that the person will discharge the person's duties faithfully. The county surveyor or the

surveyor's deputy making the survey may administer such oaths.
N.D. Cent. Code § 11-10.1-02 — ND Code / Title 11 / Chapter 11-10.1 / Section 11-10.1-02
11-10.1-02. Bond - Oath of office
Status: in_force

11-10.1-02. Bond - Oath of office

Each county director of tax equalization or deputy, before performing the duties of office,

shall take and subscribe the oath required of public officials and shall give bond in a sum as

may be prescribed by the board of county commissioners for the faithful performance of the

duties of the office. County directors of tax equalization and their deputies must be bonded

through the state bonding fund.
N.D. Cent. Code § 11-01-47 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-47
11-01-47. Steele County
Status: in_force

11-01-47. Steele County

Beginning at the southwest corner of township one hundred forty-four north, range

fifty-seven west of the fifth principal meridian; thence east along the line between townships one

hundred forty-three and one hundred forty-four north to the southeast corner of township one

hundred forty-four north, range fifty-four west; thence north along the line between ranges

fifty-three and fifty-four west to the northeast corner of township one hundred forty-four north,

range fifty-four west, a point on the eleventh standard parallel; thence west along the eleventh

standard parallel to the southeast corner of township one hundred forty-five north, range

fifty-four west; thence continuing north along the line between ranges fifty-three and fifty-four

west to the northeast corner of township one hundred forty-eight north, range fifty-four west, a

point on the twelfth standard parallel; thence west along the twelfth standard parallel to the

northwest corner of township one hundred forty-eight north, range fifty-seven west; thence south

along the line between ranges fifty-seven and fifty-eight west to the southwest corner of

township one hundred forty-five north, range fifty-seven west, a point on the eleventh standard

parallel; thence east along the eleventh standard parallel to the northwest corner of township

one hundred forty-four north, range fifty-seven west; thence continuing south on the line

between ranges fifty-seven and fifty-eight west to the point of beginning.
N.D. Cent. Code § 11-18-09 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-09
11-18-09. Document to be numbered - Priority of filing
Status: in_force

11-18-09. Document to be numbered - Priority of filing

The recorder, when any deed, patent, mortgage, receiver's receipt, contract, notice of lis

pendens, copy of decree, or other instrument affecting the title to, or creating a lien upon, any

real estate within the county is filed in the recorder's office, shall write or stamp thereon

immediately a document number. Document numbers shall commence with the number one in

each county and shall follow consecutively in the order of filing of the various documents.

Priority of the document number on an instrument shall be prima facie evidence of the priority of

the filing thereof. When the recorder receives by mail or other like enclosure more than one

instrument at a time, the recorder shall affix document numbers thereon in the order in which

such instruments actually come to the recorder's hand on opening such enclosure, save that

when more than one instrument is recorded from the same source at the same time, the

recorder may follow such directions, if any, as the sender may give in such numbering.
N.D. Cent. Code § 11-14-06 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-06
11-14-06. County treasurer to receive and pay out county money
Status: in_force

11-14-06. County treasurer to receive and pay out county money

The county treasurer shall receive all moneys belonging to the county, from whatever

source they may be derived, and all other moneys which by law are directed to be paid to the

treasurer. The treasurer shall pay out moneys belonging to the county only on a properly drawn

county warrant or in any other manner provided by law.
N.D. Cent. Code § 11-03-05 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-05
11-03-05. Affirmative vote necessary - Notice to secretary of state - Notice to governor
Status: in_force

11-03-05. Affirmative vote necessary - Notice to secretary of state - Notice to

governor.

If a majority of all the votes cast at the election in each of the counties affected is in favor of

the formation of the new county, the county auditor of each of such counties shall certify the

same to the secretary of state. Such certificate shall state the name, territorial content, and

boundaries of the new county. The secretary of state shall notify the governor of the result of the

election.
N.D. Cent. Code § 11-18-11 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-11
11-18-11. Recorder to record instruments
Status: in_force

11-18-11. Recorder to record instruments

When an instrument affecting the title to or creating a lien upon real estate within the county

is numbered and entered in the reception record and indexed, it must be recorded or filed as

provided by law. The recorder shall provide recording information on the instrument as required

by paragraph 4 of subdivision a of subsection 1 of section 11-18-05 and shall authenticate the

information with an official signature and the official seal of the office as required by section

11-18-04.
N.D. Cent. Code § 11-06-06 — ND Code / Title 11 / Chapter 11-06 / Section 11-06-06
11-06-06. When territory transferred - Assessment of taxes - Judicial and official proceedings - Township officers continue in office
Status: in_force

11-06-06. When territory transferred - Assessment of taxes - Judicial and official

proceedings - Township officers continue in office.

If a majority of the qualified electors in each of the counties affected voting on the question

shall favor transferring the territory, such territory, on the first day of March succeeding the

election, shall become a part of the county to which the transfer was proposed to be made. The

assessment and collection of taxes and judicial and other official proceedings commenced prior

to such first day of March shall be continued, prosecuted, and completed in the same manner

as if no transfer had been made. All township officers within the transferred territory shall

continue to hold their offices within the county to which such territory is transferred until their

terms of office expire.
N.D. Cent. Code § 11-09-26 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-26
11-09-26. Constable - Office abolished - Who to perform duties
Status: repealed

11-09-26. Constable - Office abolished - Who to perform duties

Repealed by S.L. 1985, ch. 151, § 35.
N.D. Cent. Code § 11-15-04 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-04
11-15-04. Sheriff to execute all process
Status: in_force

11-15-04. Sheriff to execute all process

A sheriff shall execute all process and orders regular on their face and issued by competent

authority, whatever may be the defect in the proceeding upon which they were issued.
N.D. Cent. Code § 11-11-06 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-06
11-11-06. Sessions of board to be public - County matters heard at session only
Status: in_force

11-11-06. Sessions of board to be public - County matters heard at session only

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. Cent. Code § 11-06-04 — ND Code / Title 11 / Chapter 11-06 / Section 11-06-04
11-06-04. Election - Notice - Ballot - Returns
Status: in_force

11-06-04. Election - Notice - Ballot - Returns

The notice of an election to change the boundaries of a county shall contain a description of

the territory proposed to be transferred, the name of the county from which, and the name of the

county to which, the transfer is intended to be made. The notice shall be posted as required for

general elections. The ballot to be used at the election shall be in substantially the following

form:

Shall ____________ (describe the territory) be transferred from the county of

________________ (name county) to the county of ________________ (name

county)?

Yes ☐

No ☐

The result of the election shall be reported to the secretary of state.
N.D. Cent. Code § 11-11-35 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-35
11-11-35. Board to keep records of proceedings
Status: in_force

11-11-35. Board to keep records of proceedings

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 the county treasury shall state on what account and to whom the allowance is

made. The same shall be dated and numbered with the number of the warrant issued in

payment thereof. Approval of orders and vouchers shall be recorded in the record of the

proceedings and this shall be sufficient to indicate approval without requiring a majority of the

board to sign or initial the orders and vouchers.
N.D. Cent. Code § 11-28-05.1 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-05.1
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
Status: in_force

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.

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 equipping parks and park and recreational buildings and

facilities, and for the purpose of acquiring land for those purposes.

2. Evidences of indebtedness issued under this section are payable, as to principal and

interest, solely from all or part of the revenues referred to in this section and pledged

for such payment.

3. Notwithstanding any other provision of law, evidences of indebtedness issued under

this section are fully negotiable, do not constitute an indebtedness within the meaning

of any constitutional or statutory debt limitation or restriction, and together with interest

thereon and income therefrom, are not subject to taxation by the state of North Dakota

or any political subdivision of the state.

4. Evidences of indebtedness issued under this section must be authorized by resolution

of the board of county park commissioners and, notwithstanding any other provision of

law, may be issued and sold in such manner and amounts, at such times, in such

form, and upon such terms, bearing interest at such rate or rates, as may be

determined in the resolution.
N.D. Cent. Code § 11-13-14 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-14
11-13-14. Auditor's certificate on conveyances to the state of North Dakota - Recording conveyance
Status: in_force

11-13-14. Auditor's certificate on conveyances to the state of North Dakota -

Recording conveyance.

Whenever any sheriff's deed or other conveyance of real property acquired by the state of

North Dakota doing business as the Bank of North Dakota or any state agency for which the

Bank of North Dakota acts as agent is offered for recording, the county auditor shall enter such

transfer and the recorder shall record the same without regard to the payment of any taxes due

thereon. Section 11-13-12 is not applicable thereto. In such case, the county auditor shall enter

on the sheriff's deed or other conveyance, over the county auditor's official signature, the words

"Transfer accepted", and the recorder then shall receive and record the same.
N.D. Cent. Code § 11-01-42 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-42
11-01-42. Sargent County
Status: in_force

11-01-42. Sargent County

Beginning at the southwest corner of township one hundred twenty-nine north, range

fifty-eight west of the fifth principal meridian, a point on the seventh standard parallel; thence

east along the seventh standard parallel to the line between ranges fifty-two and fifty-three west;

thence north along the line between ranges fifty-two and fifty-three west to the north boundary

line of the original Sisseton and Wahpeton Indian Reservation, now known as Lake Traverse

Lands; thence northwesterly along the said boundary line to the line between ranges fifty-two

and fifty-three west; thence continuing north along the line between ranges fifty-two and

fifty-three west to the northeast corner of township one hundred thirty-two north, range fifty-three

west, a point on the eighth standard parallel; thence west along the eighth standard parallel to

the northwest corner of township one hundred thirty-two north, range fifty-eight west; thence

south along the line between ranges fifty-eight and fifty-nine west to the point of beginning.
N.D. Cent. Code § 11-18-04 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-04
11-18-04. Seal of recorder
Status: in_force

11-18-04. Seal of recorder

The recorder shall maintain a seal and make an impression of the same upon each

instrument to which the recorder attaches the recorder's official signature. The seal shall bear

the following inscription: Recorder of _________________ County.
N.D. Cent. Code § 11-07-03 — ND Code / Title 11 / Chapter 11-07 / Section 11-07-03
11-07-03. Method of redistricting - Election of commissioners at large if redistricting not accomplished by time certain
Status: in_force

11-07-03. Method of redistricting - Election of commissioners at large if redistricting

not accomplished by time certain.

The redistricting board shall provide for the election of county commissioners as follows:

1. In redistricting a county, the redistricting board shall first attempt to make the districts

contiguous following township lines where practicable, as regular and compact in form

as practicable, and as substantially equal in population as possible. In no event shall

any commissioner's district vary in population more than ten percent from the average

population per commissioner as determined in section 11-07-02, and any variance

from the average population shall be justified in the statement filed pursuant to this

section.

2. If the redistricting board determines that redistricting pursuant to subsection 1 is

impossible or would create illogical or impracticable districts, the redistricting board

shall attempt to make districts of as nearly equal populations as is practicable, but

such districts, when created wholly within the boundaries of a city, may coincide with

the geographical boundaries of election wards. All of the candidates seeking the office

of county commissioner in a county redistricted pursuant to this section must be voted

upon by the qualified electors of the entire county, but one of the commissioners to be

elected must reside in each of the districts created pursuant to this section. The official

ballot must designate the commissioner district of each candidate by having printed

thereon the words "of commissioner district" and the designation of that district in close

proximity to the candidate's name. When an individual is seeking nomination as a

candidate for the office of county commissioner at a primary election, the two

candidates from each of the commissioner districts receiving the highest number of

votes are deemed nominated. If only one candidate is seeking nomination from a

particular commissioner district, that candidate will be deemed nominated. Following

redistricting pursuant to this subsection, the board of county commissioners may

combine two or more of the districts so created by resolution passed by a majority of

the total membership of the board. In the event that two or more commissioner districts

are combined, the number of commissioners elected who must reside in the combined

district is equal to the number of districts combined. In the event that a county

commissioner changes the place of residence within the county after election from a

particular district, the commissioner must be allowed to complete the remainder of that

term of office. A candidate elected as county commissioner on a staggered basis as

provided in section 11-07-04 must be elected at large, but must reside in the same

district the commissioner represented whom the candidate is to succeed in office.

3. In the event that redistricting is required but not completed in the manner prescribed in

subsection 1 or 2, all commissioners' districts in such county shall be abolished and,

notwithstanding the provisions of section 11-11-02, thereafter county commissioners

for such county shall be elected at large without regard to district representation in the

manner and at the time provided in this title and shall continue to be elected at large

until a proper redistricting plan is filed as required by this chapter.

The geographical boundaries of new districts created by the redistricting board must be agreed

upon by a majority of the board. Redistricting must be completed by the filing, by the chairman

of the redistricting board, of an accurate description of the redistricting method employed and

the approved geographical boundaries and a statement of the population of the new districts,

including an explanation of any variances, with the county auditor by January first of an

even-numbered year to be effective for that year's elections.
N.D. Cent. Code § 11-04-04 — ND Code / Title 11 / Chapter 11-04 / Section 11-04-04
11-04-04. County seat - Removal - Petition - Election
Status: in_force

11-04-04. County seat - Removal - Petition - Election

Whenever a petition of qualified electors of the county equal in number to thirty-three

percent of the votes cast in the county for the office of governor at the preceding gubernatorial

election is presented to the board of county commissioners of that county asking removal of the

county seat from its current location to a place designated in the petition and that an election be

held to determine whether the removal must occur, the board of county commissioners shall

submit the question of removal to the qualified electors of the county at the next general election

if the petition conforms to the requirements of this chapter.
N.D. Cent. Code § 11-10-29 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-29
11-10-29. Refund of taxes or fees - Minimum amount
Status: in_force

11-10-29. Refund of taxes or fees - Minimum amount

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. Cent. Code § 11-11-28 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-28
11-11-28. Bid must be accompanied by a bond - When certified or cashier's check allowed
Status: in_force

11-11-28. Bid must be accompanied by a bond - When certified or cashier's check

allowed.

A bid shall be accompanied by a separate envelope containing a bidder's bond in a sum

equal to five percent of the full amount of the bid, executed by the bidder as principal and by a

surety company authorized to do business in this state as a guarantee that the bidder will enter

into the contract if it is awarded to the bidder and that the bidder will furnish the necessary bond.

When the bid is ten thousand dollars or less, the bidder may in lieu of such bond accompany the

bid with a separate envelope containing a certified or cashier's check equal to five percent of the

full amount of the bid made payable to the board with authority and direction to the board that if

the bidder is successful in obtaining the award and fails to enter into the contract, the board may

endorse, deposit, and receive the face amount of the certified or cashier's check as liquidated

damages.