N.D. Cent. Code § 11-01-05 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-05
11-01-05. Billings County
Status: in_force

11-01-05. Billings County

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

hundred two 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 one hundred west; thence north along the line between ranges

ninety-nine and one hundred west to the northeast corner of township one hundred forty north,

range one hundred west, 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-eight west; thence north along the line between ranges ninety-seven and ninety-eight

west to the northeast corner of township one hundred forty-four north, range ninety-eight 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 one hundred two west; thence

south along the line between ranges one hundred two and one hundred three west to the

southwest corner of township one hundred forty-one north, range one hundred two 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 one hundred two west; thence continuing

south along the line between ranges one hundred two and one hundred three west to the point

of beginning.
N.D. Cent. Code § 11-13-10 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-10
11-13-10. Auditor to certify abstracts - Fees
Status: repealed

11-13-10. Auditor to certify abstracts - Fees

Repealed by S.L. 1999, ch. 105, § 1.
N.D. Cent. Code § 11-10.2-05 — ND Code / Title 11 / Chapter 11-10.2 / Section 11-10.2-05
11-10.2-05. Combination or separation of appointive offices
Status: in_force

11-10.2-05. Combination or separation of appointive offices

A plan for combining or separating appointive county offices may be proposed and adopted

by resolution of the board of county commissioners.
N.D. Cent. Code § 11-14-04 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-04
11-14-04. Failure to give additional bond
Status: in_force

11-14-04. Failure to give additional bond

If a county treasurer fails or refuses to give an additional bond or additional sureties for ten

days from and after the day on which the board of county commissioners requires the treasurer

so to do, the treasurer's office shall become vacant and another treasurer shall be appointed

according to law.
N.D. Cent. Code § 11-16-04 — ND Code / Title 11 / Chapter 11-16 / Section 11-16-04
11-16-04. Penalty for failure to pay over moneys
Status: in_force

11-16-04. Penalty for failure to pay over moneys

Whenever the state's attorney shall refuse or neglect to account for or pay over the public

moneys received by the state's attorney, the state's attorney is guilty of an infraction.
N.D. Cent. Code § 11-15-05 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-05
11-15-05. To exhibit process
Status: in_force

11-15-05. To exhibit process

The sheriff executing any process, at all times, so long as the sheriff retains it, must show

the same, upon request, with all papers attached, to any person interested therein.
N.D. Cent. Code § 11-10.1-01 — ND Code / Title 11 / Chapter 11-10.1 / Section 11-10.1-01
11-10.1-01. County director of tax equalization
Status: in_force

11-10.1-01. County director of tax equalization

1. The board of county commissioners of each county shall appoint a county director of

tax equalization who must be experienced in assessment and equalization procedures

and techniques, and who holds a current certification as a class I assessor issued by

the state supervisor of assessments.

2. The board of county commissioners may appoint a county director of tax equalization

on a probationary basis who does not hold a current certification as a class I assessor,

if the board deems the individual qualified to act as county director of tax equalization

by virtue of education, training, experience, and willingness to obtain certification as a

class I assessor. The appointment must be for a term of not more than two years. Any

person receiving a probationary appointment who does not obtain certification as a

class I assessor within two years from the appointment is not eligible for

re-appointment.

3. The county director of tax equalization shall serve at the pleasure of the board of

county commissioners and may be employed on a full-time or part-time basis.

Vacancies in the office of county director of tax equalization must be filled in the same

manner as the original appointment.
N.D. Cent. Code § 11-30-04 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-04
11-30-04. Notice of election - How given
Status: in_force

11-30-04. Notice of election - How given

The county auditor shall publish notice of the election in the official newspaper of the county

once each week for at least four successive weeks prior to the election. The notice shall contain

the date of the election, a statement that the proposition to be voted on will be: "Shall the county

of ______________ (name of county) be disorganized and become an unorganized county?"

and a statement that the state auditor's audit is on file in the office of the county auditor.
N.D. Cent. Code § 11-09.1-04 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-04
11-09.1-04. Ratification by majority vote - Supersession of existing charter and conflicting state laws - Exception - Filing of copies of new charter
Status: in_force

11-09.1-04. Ratification by majority vote - Supersession of existing charter and

conflicting state laws - Exception - Filing of copies of new charter.

If a majority of the qualified electors voting on the charter at the election vote in favor of the

home rule charter, it is ratified and becomes the organic law of the county on the first day of

January or July next following the election, and extends to all its county matters, unless limited

by law. The charter and the ordinances made pursuant to the charter in county matters, except

for matters pertaining to county elections, must be liberally construed to supersede within the

territorial limits and jurisdiction of the county any conflicting state law except for any state law as

it applies to cities or any power of a city to govern its own affairs, without the consent of the

governing body of the city. Any ordinance enacted or adopted by a county pertaining to county

elections under a home rule charter in conflict with state law is void. The charter may not

authorize the enactment of ordinances to diminish the authority of a board of supervisors of a

township or to change the structure of township government in any organized civil township,

without the consent of the board of supervisors of the township. An ordinance of a home rule

county may not supersede sections 49-22-16 and 49-22.1-13. One copy of the charter as

ratified and approved must be filed with the secretary of state; one with the recorder for the

county, unless the board of county commissioners designates a different official; and one with

the auditor of the county to remain as a part of its permanent records. Courts shall take judicial

notice of the charter.
N.D. Cent. Code § 11-11-58 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-58
11-11-58. Programs and activities for senior citizens - Expenditure of funds
Status: in_force

11-11-58. Programs and activities for senior citizens - Expenditure of funds

The board of county commissioners is authorized to establish or maintain programs and

activities for senior citizens, including the expansion of existing senior citizen centers which will

provide recreational and other leisure-time activities, informational, health, welfare, counseling,

and referral services for senior citizens, and assist such persons in providing volunteer

community or civic services. The board is authorized to expend funds received from state,

federal, or private sources for the public purposes provided for in this section. No expenditure

authorized by this section shall be made to defray any expenses or any organization or agency

until such organization or agency is incorporated under the laws of this state as a nonprofit

corporation and has contracted with the board in regard to the manner in which such funds will

be expended and the services to be provided. An organization or agency and its program which

receives such funds shall be reviewed or approved annually by the board to determine its

eligibility to receive funds under the provisions of this section.
N.D. Cent. Code § 11-15-29 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-29
11-15-29. Uniform for sheriffs and sheriffs' deputies
Status: in_force

11-15-29. Uniform for sheriffs and sheriffs' deputies

The board of county commissioners in each county shall provide funding of at least three

hundred fifty dollars per individual per year for uniforms for the sheriff and each sheriff's deputy.

The sheriff may expend the funds for uniforms as the sheriff deems necessary and is not limited

to an annual amount that may be expended for each uniform or for each individual.
N.D. Cent. Code § 11-03-09 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-09
11-03-09. Division of county into commissioners' districts - Terms of office of commissioners first elected
Status: in_force

11-03-09. Division of county into commissioners' districts - Terms of office of

commissioners first elected.

The county commissioners appointed by the governor shall divide the county into three

commissioners' districts, which districts shall be numbered from one to three. At the first general

election after the organization of the county, three commissioners shall be elected, one from

each such district, one of whom shall be chosen for the term of two years and two for the term

of four years, the order of succession to be determined by lot. Thereafter, each commissioner

shall be elected for a term of four years.
N.D. Cent. Code § 11-19.1-04 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-04
11-19.1-04. Eligibility
Status: in_force

11-19.1-04. Eligibility

1. Subject to the qualifications, training, and continuing education requirements

determined by the state forensic examiner, the following individuals are eligible to

serve as coroner:

a. A physician licensed under chapter 43-17;

b. An advanced practice registered nurse or registered nurse licensed under

chapter 43-12.1;

c. A physician assistant licensed under chapter 43-17; and

d. Any other individual determined by the state forensic examiner to be qualified to

serve as coroner.

2. The coroner may appoint assistant or deputy coroners subject to the qualifications,

training, and continuing education requirements determined by the state forensic

examiner.
N.D. Cent. Code § 11-15-07 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-07
11-15-07. County fees
Status: in_force

11-15-07. County fees

The sheriff shall charge and collect the following fees on behalf of the county:

1. For serving a summons, writ of attachment, writ of execution, subpoena, notice of

motion, or other notice or order of the court, order of replevin, injunctional order,

citation, or any other mesne process and making a return thereon, in addition to the

actual incurred costs of postage and long-distance telephone calls a total of thirty

dollars for each person served.

2. For making a return of not-found, thirty dollars.

3. For taking and filing a bond in claim and delivery or any other undertaking to be

furnished and approved by the sheriff, twenty dollars.

4. For making a copy of any process, bond, or paper, other than as is herein provided,

two dollars per page.

5. For levying or executing any writ, fifty dollars.

6. For calling an inquest to appraise any goods and chattels that the sheriff may be

required to have appraised, twenty-five dollars, and each appraiser is entitled to

receive one hundred dollars to be taxed as costs.

7. For advertising a sale by means of a sheriff's notice of sale, in addition to any

publishing fees, twenty dollars.

8. For making a deed to land sold on execution or under an order of sale, twenty dollars.

9. For issuing a certificate of redemption when property has been redeemed from a sale

under execution or upon the foreclosure of a mortgage, twenty dollars.

10. For selling real or personal property under foreclosure of any lien or mortgage,

seventy-five dollars.

11. For boarding prisoners, a sum to be determined by the board of county

commissioners, by resolution in advance, which sum must be per meal for meals

actually served, and may not be less than two dollars for breakfast, two dollars and

fifty cents for dinner, and three dollars and fifty cents for supper.
N.D. Cent. Code § 11-13-02 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-02
11-13-02. Duties of county auditor
Status: in_force

11-13-02. Duties of county auditor

The county auditor shall:

1. Act as clerk of the board of county commissioners and keep an accurate record of the

official proceedings of the board.

2. Prepare a financial statement of the county annually unless otherwise ordered by the

board of county commissioners.

3. Upon receipt of any document, bond, or other paper required to be filed in the auditor's

office, number and index the same and make the proper entries in the reception book.

4. Carefully preserve all documents, books, records, maps, and other papers required to

be deposited or kept in the auditor's office.

5. Have recorded in the office of the recorder all bonds not issued by the state bonding

fund that are required to be deposited in the auditor's office.

6. Perform and transact all county business without extra compensation.

7. Keep all books required to be kept by the board of county commissioners.

8. File and preserve in the auditor's office all accounts, vouchers, and other papers

pertaining to the settlement of any and all accounts to which the county is a party, and

copies of such papers certified under the hand and seal of the auditor shall be

admitted as evidence in all courts in this state.

9. Perform all acts required of the auditor relative to the making out and delivering of

notices of general and special elections, making abstracts of and canvassing the votes

cast at an election, issuing certificates of election, and forwarding the abstract of votes

cast to the secretary of state.

10. On or before August first of each odd-numbered year, report to the insurance

commissioner the sound depreciated value of each county building or risk, and the

contents therein.

11. On going out of office, deliver to the successor in office all moneys, books, records,

documents, maps, papers, vouchers, and other property in the auditor's hands

belonging to the county, and in case of the death of the auditor, the auditor's personal

representatives shall deliver the same to the auditor's successor.

12. Do and perform all acts not enumerated in this section which the auditor is required to

do by law.
N.D. Cent. Code § 11-10-08 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-08
11-10-08. Bonds of county officers to be recorded
Status: in_force

11-10-08. Bonds of county officers to be recorded

Unless a county officer is bonded in the state bonding fund, the bond of each county officer,

immediately after the approval thereof, shall be recorded at length in the office of the recorder in

a book provided for that purpose except as otherwise provided by the laws of this state.

Immediately after the recording of such bond, it shall be filed as provided in title 44.
N.D. Cent. Code § 11-09-15 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-15
11-09-15. Administrative activities assigned to departments in county adopting county manager form of government
Status: in_force

11-09-15. Administrative activities assigned to departments in county adopting

county manager form of government.

In a county which has adopted a county manager form of government, the county manager

shall distribute the administrative activities among the following departments:

1. Department of finance.

2. Department of public works.

3. Department of public welfare.

The board of county commissioners may establish additional departments. Upon

recommendation of the county manager, any activity which is unassigned by this chapter shall

be assigned by the board to an appropriate department and any activity so assigned may be

reassigned to another department.
N.D. Cent. Code § 11-28-04 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-04
11-28-04. Organization of board - Quorum - Meetings
Status: in_force

11-28-04. Organization of board - Quorum - Meetings

Within twenty days after the appointment of the board of county park commissioners, and

within twenty days after any change in its personnel, the board shall meet and shall organize by

selecting one of its members as chairman. One-half or more of the members constitutes a

quorum of the board. The board shall hold such meetings as may be required for the transaction

of its business and activities. If the board decides to hold meetings at a time other than the time

for regular meetings of the board of county commissioners, the board shall draft a schedule of

regular meetings to be held throughout the year. The schedule must be filed with the county

auditor and the meetings must be noticed in accordance with section 44-04-20. A special or

emergency meeting may be called by the secretary upon the order of the chairman, or upon the

request of the majority of the board with notice provided in accordance with section 44-04-20.
N.D. Cent. Code § 11-23-01 — ND Code / Title 11 / Chapter 11-23 / Section 11-23-01
11-23-01. Officers required to furnish commissioners with departmental budget
Status: in_force

11-23-01. Officers required to furnish commissioners with departmental budget

1. Every officer in charge of any institution, office, or undertaking supported wholly or in

part by the county shall file with the board of county commissioners a departmental

budget that is prescribed by the state auditor. The departmental budget must include

an itemized statement of the estimated amount of money that will be required for the

maintenance, operation, or improvement of the institution, office, or undertaking for the

ensuing year. The board of county commissioners may require additional information

to clarify the departmental budget.

2. a. The departmental budget submitted by the human service zone may not exceed

an amount determined by the department of health and human services and the

human service zone director pursuant to section 50-35-04 and must include the

county's cost allocation of indirect costs based on an amount established by the

department of health and human services.

b. The county share of the human service zone's indirect costs must be funded

entirely from the county's general fund.

c. The department of health and human services shall develop a process to review

a request from a human service zone for any proposed increase in staff. As part

of its review process, the department of health and human services shall review

pertinent factors, which may include caseload information. If the department of

health and human services approves a request for a proposed increase in staff,

the human service zone budget may be increased by the amount determined

necessary by the department of health and human services to fund the approved

additional staff. The human service zone director shall submit the proposed

increase in staff to the human service zone board for review. The human service

zone director shall work with the department to achieve equitable compensation

and salary increases for all human service zone team members within the human

service zone. The human service zone director shall notify appropriate host

county staff of all staffing changes for administrative purposes.

3. For purposes of this section, "host county" means the county within the human service

zone in which the human service zone administrative office is located and in which the

human service zone team members are employed.
N.D. Cent. Code § 11-24-01 — ND Code / Title 11 / Chapter 11-24 / Section 11-24-01
11-24-01. Board of county commissioners may provide for copies of plats and plans
Status: in_force

11-24-01. Board of county commissioners may provide for copies of plats and plans

If the board of county commissioners deems it necessary, in order to preserve from

mutilation and impairment the plats and plans on file in the office of the recorder, it may cause

copies of the originals on file to be made by a competent engineer on sheets of tracing cloth.

The board may require a bond of the engineer covering a period of five years.
N.D. Cent. Code § 11-05-13 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-13
11-05-13. Money and property delivered to adjoining county - Money to be kept in separate fund
Status: repealed

11-05-13. Money and property delivered to adjoining county - Money to be kept in

separate fund.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-10.1-06 — ND Code / Title 11 / Chapter 11-10.1 / Section 11-10.1-06
11-10.1-06. Assumption of certain duties by county director of tax equalization
Status: in_force

11-10.1-06. Assumption of certain duties by county director of tax equalization

The county director of tax equalization shall succeed to all the powers and duties of the

county auditor pertaining to the administration and enforcement of the mobile homes tax

prescribed in chapter 57-55, assist the county auditor in preparation of assessment lists for

taxing purposes and in the correction and omission procedures as defined in chapter 57-14,

assist local equalization boards and assessors by providing information and instruction in the

use of all methods and procedures to obtain uniform property assessments, and spot check all

property assessments.
N.D. Cent. Code § 11-10-21 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-21
11-10-21. Committee to purchase certain supplies for county
Status: in_force

11-10-21. Committee to purchase certain supplies for county

The county auditor, county treasurer, and the chairman of the board of county

commissioners, or such other member of the board as may be designated thereby, shall

constitute a committee which shall purchase and provide all necessary blanks, books, and other

stationery for the use in their official capacities of all county officers and emergency supplies

and equipment required by the county.
N.D. Cent. Code § 11-14-13 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-13
11-14-13. Treasurer's accounts with school districts - Disbursements
Status: in_force

11-14-13. Treasurer's accounts with school districts - Disbursements

1. The county treasurer shall keep a regular account with each school district in the

county. The treasurer shall credit and transfer to such account the amount collected on

taxes levied by the governing body of the school district, all sums apportioned to the

district by the county superintendent of schools or other authority, and all sums

received from the district. The treasurer shall credit the county with all payments made

to the business manager of the district and shall distinguish between items paid by

apportionment, from county taxes, and from other sources; all payments for

redemption of or endorsement upon school district warrants in the collection of taxes;

and all items of legal fees for collection and other duties performed.

2. Whenever a school district is authorized by law to be the custodian of its own funds

and exercises such authorization, the county treasurer shall remit to such school

district the funds for which the school district is custodian on or before the tenth day of

each calendar month.
N.D. Cent. Code § 11-09.1-01 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-01
11-09.1-01. Methods of proposing home rule charter
Status: in_force

11-09.1-01. Methods of proposing home rule charter

The board of county commissioners may on its own motion cause a home rule charter to be

drafted and submitted for adoption to the electors of the county in the manner provided in this

chapter. A home rule proposal may be initiated in a petition filed with the board of county

commissioners and signed by qualified electors of the county not fewer in number than two

percent of the population of the county.
N.D. Cent. Code § 11-01-28 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-28
11-01-28. McKenzie County
Status: in_force

11-01-28. McKenzie County

Beginning at the point where the boundary line between the states of North Dakota and

Montana intersects the eleventh standard parallel; thence east along the eleventh standard

parallel to the southeast corner of township one hundred forty-five north, range ninety-eight west

of the fifth principal meridian; thence north along the line between ranges ninety-seven and

ninety-eight west to the northeast corner of township one hundred forty-eight north, range

ninety-eight west, a point on the twelfth standard parallel; thence east along the twelfth standard

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

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

channel of the Missouri River; thence in a northwesterly direction along the main channel of the

Missouri River to a point where the boundary line between the states of North Dakota and

Montana intersects the main channel of the Missouri River; thence south along the boundary

line between the states of North Dakota and Montana to the point of beginning.
N.D. Cent. Code § 11-01-27 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-27
11-01-27. McIntosh County
Status: in_force

11-01-27. McIntosh County

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

seventy-three west of the fifth principal meridian, a point on the seventh standard parallel;

thence east along the seventh standard parallel to the southeast corner of township one

hundred twenty-nine north, range sixty-seven west; thence north along the line between ranges

sixty-six and sixty-seven west to the northeast corner of township one hundred thirty-two north,

range sixty-seven 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

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

west to the point of beginning.
N.D. Cent. Code § 11-13-04 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-04
11-13-04. Auditor is chief financial officer of county - To keep account with treasurer
Status: in_force

11-13-04. Auditor is chief financial officer of county - To keep account with treasurer

The county auditor shall be the chief financial officer of the county and shall keep complete

and detailed records of all financial transactions of the county, charging the treasurer with the

amount of all property taxes assessed and levied by the state and by any taxing subdivision,

together with all interest, penalties, and other costs turned over to the auditor by the auditor's

predecessor. In determining the treasurer's responsibility for collections, the county auditor shall

credit the treasurer with all tax payments, cash discounts allowed, abatements, the amount of

uncollected taxes delivered to the treasurer's successor in office, or other credits as provided by

law. The county auditor shall charge the treasurer with all moneys collected by the treasurer or

received by the treasurer in the treasurer's official capacity and shall credit the treasurer with all

payments by warrant or as otherwise provided by law and with all moneys delivered to the

treasurer's successor in office.
N.D. Cent. Code § 11-01-01 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-01
11-01-01. Names and boundaries
Status: in_force

11-01-01. Names and boundaries

Sections 11-01-02 through 11-01-54 shall be deemed to show the names and boundaries of

the several counties of this state, and such names and boundaries shall be and remain as now

fixed and determined until changed in the manner provided by law.
N.D. Cent. Code § 11-09-39 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-39
11-09-39. Preparation and submission of the budget
Status: in_force

11-09-39. Preparation and submission of the budget

On or before the sixth day of July of each year, the county manager of a county which has

adopted any form of county managership shall prepare and submit to the board of county

commissioners a budget presenting a financial plan for the conduct of the affairs of the county

for the ensuing year. The budget shall be set up in the manner prescribed by general statute

and shall be published prior to the date of its adoption by the board of county commissioners.

Published notices and hearings shall be in accordance with the general statutes.
N.D. Cent. Code § 11-01-08 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-08
11-01-08. Burke County
Status: in_force

11-01-08. Burke County

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

ninety-four west of the fifth principal meridian; thence east along the line between townships one

hundred fifty-eight and one hundred fifty-nine north to the southeast corner of township one

hundred fifty-nine north, range ninety west; thence north along the line between ranges

eighty-nine and ninety west to the northeast corner of township one hundred sixty north, range

ninety west, a point on the fifteenth standard parallel; thence east along the fifteenth standard

parallel to the southeast corner of township one hundred sixty-one north, range eighty-nine

west; thence north along the line between ranges eighty-eight and eighty-nine west to the

northeast corner of township one hundred sixty-one north, range eighty-nine west; thence east

along the line between townships one hundred sixty-one and one hundred sixty-two north to the

southeast corner of township one hundred sixty-two north, range eighty-eight west; thence north

along the line between ranges eighty-seven and eighty-eight west to the international boundary

line between the United States and Canada; thence west along the international boundary line

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

ranges ninety-four and ninety-five west to the southwest corner of township one hundred

sixty-one north, range ninety-four west, a point on the fifteenth standard parallel; thence east

along the fifteenth standard parallel to the northwest corner of township one hundred sixty north,

range ninety-four west; thence continuing south along the line between ranges ninety-four and

ninety-five west to the point of beginning.
N.D. Cent. Code § 11-09.2-03 — ND Code / Title 11 / Chapter 11-09.2 / Section 11-09.2-03
11-09.2-03. County visitors' promotion fund - Establishment - Purpose
Status: in_force

11-09.2-03. County visitors' promotion fund - Establishment - Purpose

The board of county commissioners of any county that imposes a county tax pursuant to

section 11-09.2-01 or 11-09.2-02 shall establish a county visitors' promotion fund. The local

destination marketing organization shall serve as an advisory committee to the board of county

commissioners in administering the proceeds from the taxes available to the county under this

chapter. The moneys in the visitors' promotion fund must be used generally to promote,

encourage, and attract visitors to come to the county and use the travel and tourism facilities

within the county. The local destination marketing organization shall receive, plan, execute, and

review the expenditure of proceeds from the visitors' promotion fund and report its activities

annually to the board of county commissioners.
N.D. Cent. Code § 11-14-19 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-19
11-14-19. Treasurer not to speculate in county warrants - Penalty
Status: in_force

11-14-19. Treasurer not to speculate in county warrants - Penalty

A county treasurer shall not either directly or indirectly contract for or purchase any warrant

or other evidence of indebtedness issued by the county of which the person is treasurer at any

discount upon the sum due thereon. If a county treasurer shall contract for or purchase any

such warrant or other evidence of indebtedness contrary to the provisions of this section, the

treasurer shall forfeit the whole amount due thereon. The forfeiture shall be recovered for the

benefit of the county by civil action brought by the state of North Dakota.
N.D. Cent. Code § 11-19.1-15 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-15
11-19.1-15. Notice of next of kin, disposition of personal belongings - Disposition of body when next of kin cannot be found
Status: in_force

11-19.1-15. Notice of next of kin, disposition of personal belongings - Disposition of

body when next of kin cannot be found.

The coroner of the county in which a death is discovered shall take charge of the case and

ensure that relatives or friends of the deceased individual, if known, are notified as soon as

possible, giving details of the death and disposition of the deceased individual. If the relatives or

friends of the deceased are unknown, the coroner shall dispose of the personal effects and

body in the following manner:

1. After using such clothing as may be necessary in the final disposition of the body, the

remaining personal effects of the deceased must be turned over to law enforcement

for appropriate disposition.

2. The remains must be:

a. Disposed of in accordance with section 23-06-14; or

b. Otherwise disposed of in accordance with the laws governing final disposition of

residents within the state who are indigent.
N.D. Cent. Code § 11-05-11.1 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-11.1
11-05-11.1. Arbitration of disagreement
Status: repealed

11-05-11.1. Arbitration of disagreement

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-01-36 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-36
11-01-36. Pierce County
Status: in_force

11-01-36. Pierce County

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

seventy-four 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-two west; thence north along the line between ranges

seventy-one and seventy-two west to the northeast corner of township one hundred fifty-two

north, range seventy-two 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-two west; thence continuing north along the line between ranges seventy-one

and seventy-two west to the northeast corner of township one hundred fifty-six north, range

seventy-two west, a point on the fourteenth standard parallel; thence east along the fourteenth

standard parallel to the southeast corner of township one hundred fifty-seven north, range

sixty-nine west; thence north along the line between ranges sixty-eight and sixty-nine west to

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

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

to the northwest corner of township one hundred fifty-eight 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 fifty-seven north, range seventy-four 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 seventy-four west; thence

continuing south along the line between ranges seventy-four and seventy-five to the southwest

corner of township one hundred fifty-three north, range seventy-four 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-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 § 11-11-59 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-59
11-11-59. Creation of booster station by election
Status: repealed

11-11-59. Creation of booster station by election

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-23-05 — ND Code / Title 11 / Chapter 11-23 / Section 11-23-05
11-23-05. Computing amount of levy
Status: in_force

11-23-05. Computing amount of levy

The amount which the board of county commissioners shall levy as the county tax shall be

computed by adding together the amounts of the annual appropriation and of that part of any

special appropriation which is to be raised by taxation and deducting therefrom so much of the

probable receipts from all sources, except loans, and so much of the unappropriated balance in

the county treasury at the close of the auditor's books for the previous year as the board deems

advisable. The board, on or before the October meeting required by section 11-11-05, shall

determine the amount of taxes that shall be levied for county purposes and shall levy all such

taxes in specific amounts.
N.D. Cent. Code § 11-20-07 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-07
11-20-07. Form of surveys
Status: in_force

11-20-07. Form of surveys

All surveys made by the county surveyor must be made in accordance with the rules and

regulations laid down by the commissioner of the United States general land office and in

accordance with the following principles, when applicable:

1. All corners and boundaries which can be identified by the original field notes or other

unquestionable testimony shall be regarded as the original corners and must not be

changed while they can be so identified. The surveyor shall not give undue weight to

partial and doubtful evidence or to appearances of monuments the recognition of

which requires the presumption of marked errors in the original survey, and shall note

an exact description of such apparent monuments.

2. Extinct intersection corners must be re-established at proportional distances as

recorded in the original field notes from the nearest known points in the original section

line, east and west and north and south from such extinct section corners.

3. Any extinct quarter section corner, except on fractional section lines, must be

re-established equidistant and in a right line between the section corners, and in all

other cases, at proportional distances between the nearest known points in the original

lines.

4. Central quarter corners of whole sections, and of fractional sections adjoining the north

and west boundaries of townships, must be re-established at the intersection of two

right lines connecting their opposite quarter section corners, respectively. County

surveyors shall perpetuate the original corners from which they may work by noting

new bearing trees when timber is near. They also shall perpetuate the principal

corners which they make in like manner.

5. In the subdivision of fractional sections bounded on any side by a meandered lake or

river or the boundary of a reservation or irregular survey, the subdivision lines running

toward and closing upon the same shall be run at courses in all points intermediate

and equidistant, as near as may be, between the like section lines established by the

original survey.
N.D. Cent. Code § 11-10-01 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-01
11-10-01. County a corporate body - Powers
Status: in_force

11-10-01. County a corporate body - Powers

Each organized county is a body corporate for civil and political purposes only. As such, the

county may sue and be sued, contract and be contracted with, and in all cases when lands have

been granted to it for public purposes and any part thereof has been sold and the purchase

money or any part thereof is due and unpaid, all proceedings necessary to recover possession

of such lands or to enforce the payment of the purchase money shall be instituted in the name

of the proper county.
N.D. Cent. Code § 11-33.2-15 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-15
11-33.2-15. Penalty and remedies
Status: in_force

11-33.2-15. Penalty and remedies

Any person, partnership, corporation, or limited liability company who or which, being the

owner or agent of the owner of any lot, tract, or parcel of land, shall lay out, construct, open, or

dedicate any street, sanitary sewer, storm sewer, water main, or other improvements for public

use, travel, or other purposes or for the common use of occupants of buildings abutting thereon,

or who or which sells, transfers, or agrees or enters into an agreement to sell or transfer any

land in a subdivision or engages in the subdivision of land or erects any buildings thereon,

unless and until a plat has been finally approved in full compliance with the provisions of this

chapter and of the resolution adopted hereunder and has been recorded as provided herein,

shall be guilty of a class B misdemeanor. Each lot, tract, or parcel created or transferred, and

each building erected in a subdivision in violation of the provisions of this chapter or of the

resolutions adopted hereunder shall constitute a separate offense.

If any lot, tract, or parcel of land is subdivided in violation of this chapter or any resolution or

amendments thereto adopted pursuant to this chapter, the proper county authorities or any

affected citizen or property owner, in addition to other remedies, may institute any appropriate

action or proceedings:

1. To prevent such unlawful subdivision.

2. To restrain, correct, or abate such violations.

3. To prevent the occupancy or use of the land which has been unlawfully subdivided.

4. To vacate and nullify any recorded plat of such unlawful subdivision.
N.D. Cent. Code § 11-08-14 — ND Code / Title 11 / Chapter 11-08 / Section 11-08-14
11-08-14. Deputies and employees - Appointment - Compensation - Terms
Status: in_force

11-08-14. Deputies and employees - Appointment - Compensation - Terms

Subject to the approval of the board of county commissioners, the county auditor may

appoint a deputy auditor, a deputy recorder, and, subject to subsection 1 of section 11-08-06, a

deputy clerk of the district court. The compensation of any such deputy appointed pursuant to

this section shall be fixed by the board of county commissioners. The same person may be

appointed to serve as deputy in two or more offices. Subject to the approval of the board of

county commissioners, the county auditor may employ such clerks, stenographers, and other

county employees as may be required to perform the duties of the several offices under the

auditor's direction. The compensation of the employees shall be fixed by the board of county

commissioners. Any deputy or employee shall serve at the pleasure of the county auditor and

may be appointed or employed to serve on a part-time basis.
N.D. Cent. Code § 11-15-01 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-01
11-15-01. Sheriff eligible for two terms only
Status: repealed

11-15-01. Sheriff eligible for two terms only

Repealed by S.L. 1953, ch. 110, § 2.
N.D. Cent. Code § 11-13-02.1 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-02.1
11-13-02.1. Duties of county official in rendering services to private individuals, firms, or corporations - Fees to be charged - Disposition of fees - Records to be kept
Status: in_force

11-13-02.1. Duties of county official in rendering services to private individuals, firms,

or corporations - Fees to be charged - Disposition of fees - Records to be kept.

A county official is not required to compile statistical information for private individuals, firms,

or corporations, other than that required of the county auditor by section 11-13-15. A county

official may compile statistical information for private individuals, firms, or corporations upon

payment of a suitable charge which must be commensurate with costs to the county of providing

the services. If the service takes more than an hour to provide, the board of county

commissioners shall determine the fee, which may not exceed the sum of twenty-five dollars per

hour, excluding the initial hour, for time consumed in compiling the statistical information. The

county official shall remit the fees each month to the county treasurer for credit to the county

general fund. The county official shall keep a complete record of fees collected under this

section.
N.D. Cent. Code § 11-39-02 — ND Code / Title 11 / Chapter 11-39 / Section 11-39-02
11-39-02. Fair association - County funding
Status: in_force

11-39-02. Fair association - County funding

1. A fair association may be organized in any county. The officers and directors must be

residents of the county or, if the association is to conduct a multicounty fair, residents

of one of the participating counties. The association may make written application to

the board of county commissioners for a grant to aid in the erection of buildings and

other improvements suitable to conduct the fair and to pay premiums and expenses

that may be awarded on fair exhibits. An application must include evidence that the

association is incorporated in this state as a nonprofit corporation, the names and

places of residence of all its officers and directors, and evidence of ownership or right

to use of sufficient real property in the county to conduct the fair.

2. The board of county commissioners may not provide county funding or official county

fair authorization under this chapter to more than one fair association or to any

association organized for profit.

3. If the board of county commissioners is satisfied the statements in the application are

true and the association intends in good faith to annually hold a fair within the county

for the exhibition of agricultural, livestock, horticultural, mining, mechanical, industrial,

and manufactured products of the county, and of those articles as are usually exhibited

at fairs, and other public displays of human art, industry, and skill, the board may

provide the association official county fair authorization and funding from revenues

derived from the county general fund levy authority. If the funding is approved, the

county treasurer shall pay to the secretary of the association, by the following July

thirty-first, the amount of funding approved and shall take the receipt of the association

for the payment.

4. Any amount received by the county fair association must be deposited by the

secretary of the association in a special fund.

5. To promote holding a county fair, the board of county commissioners may purchase or

lease in the name of the county not to exceed two hundred forty acres [97.12 hectares]

of real estate and construct buildings and improvements for the conduct of a county

fair. The board of county commissioners may issue bonds in the name of the county if

approved by electors of the county in accordance with sections 21-03-06 and 21-03-07

to purchase not to exceed two hundred forty acres [97.12 hectares], of real estate and

construct buildings and improvements for the conduct of a county fair.

6. Upon the board's own motion, the board of county commissioners may continue to

provide funding under this section after the first year's grant of aid.

7. The authority of this section may be used by a county to join in formation and funding

of a multicounty fair association under terms of an agreement with one or more other

counties.
N.D. Cent. Code § 11-23-08 — ND Code / Title 11 / Chapter 11-23 / Section 11-23-08
11-23-08. Expenditure when no appropriation made
Status: repealed

11-23-08. Expenditure when no appropriation made

Repealed by S.L. 1989, ch. 153, § 3.
N.D. Cent. Code § 11-21-14 — ND Code / Title 11 / Chapter 11-21 / Section 11-21-14
11-21-14. Removal from office
Status: in_force

11-21-14. Removal from office

The public administrator may be removed from office in the same manner and for the same

reasons as other public officers may be removed except that for the reasons specified in

sections 11-21-03 and 11-21-12 a public administrator may be removed summarily upon the

motion of the judge of the district court.
N.D. Cent. Code § 11-01-48 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-48
11-01-48. Stutsman County
Status: in_force

11-01-48. Stutsman County

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

sixty-nine 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 sixty-two west; thence north along the line between ranges sixty-one and 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 north, range sixty-two 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 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 forty-four

north, range sixty-two 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 sixty-nine west; thence south along the line between ranges sixty-nine and seventy west

to the southwest corner of township one hundred forty-one north, range sixty-nine 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 sixty-nine west; thence continuing south

along the line between ranges sixty-nine and seventy west to the point of beginning.
N.D. Cent. Code § 11-28-13 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-13
11-28-13. Compensation - Vacancy - Meetings
Status: repealed

11-28-13. Compensation - Vacancy - Meetings

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-11-51 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-51
11-11-51. Petitions to board of county commissioners - Qualifications of signers
Status: in_force

11-11-51. Petitions to board of county commissioners - Qualifications of signers

The signers of any petition presented to the board of county commissioners praying for the

expenditure of county funds shall be qualified electors of the district affected by the petition.
N.D. Cent. Code § 11-16-12 — ND Code / Title 11 / Chapter 11-16 / Section 11-16-12
11-16-12. Statement of expense paid from state's attorney's contingent fund to be filed
Status: repealed

11-16-12. Statement of expense paid from state's attorney's contingent fund to be

filed.

Repealed by S.L. 2013, ch. 92, § 9.
N.D. Cent. Code § 11-19.1-20 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-20
11-19.1-20. State forensic examiner - Required consultation
Status: in_force

11-19.1-20. State forensic examiner - Required consultation

The coroner or any individual acting as a coroner shall actively consult with the state

forensic examiner's office in every death involving an inmate of a state, county, or city penal

institution; death involving a child under the age of one when in apparent good health; and

death that the coroner or acting coroner believes may have resulted from an accident, a suicide,

or a homicide, under suspicious circumstances, or as a result of child abuse or neglect.
N.D. Cent. Code § 11-15-32 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-32
11-15-32. Issuance of civil protection orders - Duty of sheriff
Status: in_force

11-15-32. Issuance of civil protection orders - Duty of sheriff

The sheriff shall notify the bureau of criminal investigation of any civil protection order

issued against an individual in the sheriff's county under chapter 14-07.7 within twenty-four

hours of issuance. The notice must include any information required by the bureau of criminal

investigation. The law enforcement agency shall enter the order into any information system

available in the state that is used to list outstanding warrants for one year or until the date of

expiration or termination as specified in the order. The order is enforceable in any jurisdiction in

this state.
N.D. Cent. Code § 11-05-14 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-14
11-05-14. When consolidation is complete
Status: repealed

11-05-14. When consolidation is complete

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-13-17 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-17
11-13-17. Destruction of county records
Status: repealed

11-13-17. Destruction of county records

Repealed by S.L. 1987, ch. 153, § 1.
N.D. Cent. Code § 11-09.2-05 — ND Code / Title 11 / Chapter 11-09.2 / Section 11-09.2-05
11-09.2-05. Payment of tax - Collection by tax commissioner - Administrative expenses allowed - Rules
Status: in_force

11-09.2-05. Payment of tax - Collection by tax commissioner - Administrative

expenses allowed - Rules.

The taxes imposed under this chapter are due and payable at the same time the taxpayer is

required to file a return under chapter 57-39.2 and must be collected and administered by the

tax commissioner in the manner provided in chapter 57-39.2. The taxpayer shall add the taxes

imposed under this chapter to the sales, lease, or rental price and shall collect the tax from the

consumer. A retailer may not advertise or hold out or state to the public, or to any consumer,

directly or indirectly, that the taxes or any part of the taxes imposed under this chapter are

assumed, absorbed, or refunded by the taxpayer. The amount the tax commissioner remits

monthly to each county as taxes collected for that county's visitors' promotion fund must be

reduced by three percent as an administrative fee necessary to defray the cost of collecting the

taxes and the expenses incident to collection. The administrative fee must be deposited in the

general fund in the state treasury. The tax commissioner shall adopt rules necessary for the

administration of this chapter. The penalties and liabilities provided in sections 57-39.2-18 and

57-39.2-18.1 specifically apply to the filing of returns and administration of the taxes imposed

under this chapter. The taxes imposed under this chapter are not taxes subject to chapter
N.D. Cent. Code § 11-11-11 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-11
11-11-11. General duties of board of county commissioners
Status: in_force

11-11-11. General duties of board of county commissioners

The board of county commissioners:

1. Shall superintend the fiscal affairs of the county.

2. Shall supervise the conduct of the respective county officers.

3. May cause to be audited and verified the accounts of all officers having the custody,

management, collection, or disbursement of any moneys belonging to the county or

received in their official capacity.

4. Before November fifteenth of each year, shall have the county auditor prepare general

purpose financial statements in accordance with generally accepted accounting

principles. Public notice that financial statements have been prepared and are

available for inspection must be published in the official newspaper.
N.D. Cent. Code § 11-05.1-02 — ND Code / Title 11 / Chapter 11-05.1 / Section 11-05.1-02
11-05.1-02. Chairman - Secretary - Quorum
Status: in_force

11-05.1-02. Chairman - Secretary - Quorum

The committee shall select its own chairman and shall appoint one of its members as

secretary. A majority of the committee shall constitute a quorum and a majority of such quorum

may act upon all matters properly before the committee.
N.D. Cent. Code § 11-11-43 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-43
11-11-43. Appeals docketed - Procedure
Status: in_force

11-11-43. Appeals docketed - Procedure

All appeals taken from decisions of a board of county commissioners must be docketed as

other causes pending in the district court. Section 28-34-01 governs all appeals taken under

sections 11-11-39 through 11-11-43.
N.D. Cent. Code § 11-11-15 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-15
11-11-15. Board may obtain copies of field notes and plats made by United States government
Status: in_force

11-11-15. Board may obtain copies of field notes and plats made by United States

government.

The board of county commissioners may procure for its county certified copies of the field

notes and plats of the original surveys by the United States of the lands within its county and

may cause a map of the county to be constructed therefrom on a scale of not less than one inch

[2.54 centimeters] to a mile [1.61 kilometers] laid off in congressional townships and sections.

When obtained, such notes and plats shall be bound substantially in book form, and together

with the map of the county, shall be deposited in the office of the county auditor and kept open

for the benefit of the public.
N.D. Cent. Code § 11-11-57 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-57
11-11-57. Counties may cooperate in predatory animal and injurious rodent control
Status: in_force

11-11-57. Counties may cooperate in predatory animal and injurious rodent control

Boards of county commissioners may perform, within their respective counties, predatory

animal, destructive bird, and injurious rodent control as defined in section 4-01-17.1, and may

enter into cooperative agreements with the agriculture commissioner and the United States

department of agriculture for this purpose.
N.D. Cent. Code § 11-18-02.2 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-02.2
11-18-02.2. Statements of full consideration to be filed with recorder - Procedure - Penalty
Status: in_force

11-18-02.2. Statements of full consideration to be filed with recorder - Procedure -

Penalty.

1. Any grantee or grantee's authorized agent who presents a deed in the office of the

county recorder shall certify on the face of the deed one of the following:

a. A statement of the full consideration paid for the property conveyed.

b. A statement designating one of the exemptions in subsection 6 which the grantee

believes applies to the transaction.

2. Any party who presents an affidavit of affixation to real property of a manufactured

home in the office of the county recorder in accordance with section 47-10-27 and who

acquired the manufactured home before the affixation of the manufactured home to

the real property shall either contain in or present in addition to the affidavit of

affixation a statement of the full consideration paid by the party for the manufactured

home before the affixation.

3. The recorder may not record any deed unless the deed complies with subsection 1 or

record any affidavit of affixation unless the affidavit complies with subsection 2.

4. The state board of equalization shall prescribe the necessary forms for the statements

and reports to be used in carrying out this section, and the forms must contain a space

for the explanation of special circumstances that may have contributed to the amount

of the consideration.

5. For purposes of subsection 1, the word "deed" means an instrument or writing

whereby any real property or interest therein is granted, conveyed, or otherwise

transferred to the grantee, purchaser, or other person, except any instrument or writing

that transfers any ownership in minerals or interests in minerals underlying land if that

ownership has been severed from the ownership of the overlying land surface or any

instrument or writing for the easement, lease, or rental of real property or any interest

therein.

6. This section does not apply to deeds transferring title to the following types of property,

or to deeds relating to the following transactions:

a. Property owned or used by public utilities.

b. Property classified as personal property.

c. A sale when the grantor and the grantee are of the same family or corporate

affiliate, if known.

d. A sale that resulted as a settlement of an estate.

e. All forced sales, mortgage foreclosures, and tax sales.

f. All sales to or from religious, charitable, or nonprofit organizations.

g. All sales when there is an indicated change of use by the new owners.

h. All transfer of ownership of property for which is given a quitclaim deed.

i. Sales of property not assessable by law.

7. Any person that, in the statements provided for in subsection 1 or subsection 2,

willfully falsifies the consideration paid for the transferred real property or the

manufactured home, as applicable, or interest therein is guilty of a class B

misdemeanor.
N.D. Cent. Code § 11-03-10 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-10
11-03-10. Records to be transcribed
Status: in_force

11-03-10. Records to be transcribed

When a new county is organized, the board of county commissioners thereof shall cause to

be transcribed, by copying or by photographing into the proper books, all the records, deeds,

and other instruments relating to real estate, and all other records and instruments of every kind

required by law to be kept on file or recorded in the respective county offices in the new county.

All records transcribed by copying or by photographing shall have the same effect as original

records. A person authorized by the board of county commissioners to transcribe the records

shall have free access at all reasonable times to the original records for the purpose of

transcribing them.
N.D. Cent. Code § 11-24-03 — ND Code / Title 11 / Chapter 11-24 / Section 11-24-03
11-24-03. Written and printed matter on plat to be typewritten and bound
Status: in_force

11-24-03. Written and printed matter on plat to be typewritten and bound

All descriptions, dedications, and written and printed matter that may be found on the

original plats and plans shall be typewritten, properly paged, indexed, and bound in books to

correspond with the copies of the plats and plans which serve as negatives. They shall be

certified by the engineer who has charge of the work to be correct copies.
N.D. Cent. Code § 11-33-04 — ND Code / Title 11 / Chapter 11-33 / Section 11-33-04
11-33-04. County planning commissions authorized - Membership
Status: in_force

11-33-04. County planning commissions authorized - Membership

The board of county commissioners of any county desiring to avail itself of the powers

conferred by this chapter shall establish, by resolution, a county planning commission to

recommend the boundaries of the various county zoning districts and appropriate regulations

and restrictions to be established therein. In counties with three-member boards of county

commissioners, the planning commission consists of seven members, of whom at least one

must be appointed from the governing body of the city that is the county seat, and of whom at

most one may be appointed from the board of county commissioners. In counties with

five-member boards of county commissioners the planning commission consists of nine

members, of whom at least two must be appointed from the governing body of the city that is

the county seat, and of whom at most two may be appointed from the board of county

commissioners. The term of an ex officio member is coterminous with the member's term in the

underlying office. The remaining members shall be appointed from the county at large. In

counties that elect county commissioners from districts, at least one at large member of the

planning commission must be appointed from each district. When appointments to said

commission are first made, three members at large shall be appointed for a two-year term and

two members at large for a four-year term, after which all subsequent appointments for

members at large shall be for a four-year term. Appointments to fill vacancies shall be for the

unexpired portion of the term. All appointments to the county planning commission shall be

made by the board of county commissioners.
N.D. Cent. Code § 11-21-09 — ND Code / Title 11 / Chapter 11-21 / Section 11-21-09
11-21-09. Public administrator not to charge attorney's fees - Penalty
Status: in_force

11-21-09. Public administrator not to charge attorney's fees - Penalty

A public administrator shall not charge a fee as an attorney in the administration of the

estates of decedents of which the public administrator shall be the administrator. Any person

who shall violate this section is guilty of an infraction.
N.D. Cent. Code § 11-01-52 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-52
11-01-52. Ward County
Status: in_force

11-01-52. Ward County

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

eighty-seven 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 eighty-one west; thence north along the line between ranges

eighty and eighty-one west to the northeast corner of township one hundred fifty-two north,

range eighty-one 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 eighty-one west; thence continuing north along the line between ranges eighty and

eighty-one west to the northeast corner of township one hundred fifty-six north, range

eighty-one 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

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

west to the northeast corner of township one hundred fifty-seven north, range eighty-one west;

thence west along the line between townships one hundred fifty-seven and one hundred

fifty-eight north to the southeast corner of township one hundred fifty-eight north, range

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

to the northeast corner of township one hundred sixty north, range eighty-seven west, a point on

the fifteenth standard parallel; thence west along the fifteenth standard parallel to the southeast

corner of township one hundred sixty-one 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 sixty-one north, range eighty-eight west; thence west along the line between townships

one hundred sixty-one and one hundred sixty-two north to the northwest corner of township one

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

eighty-eight and eighty-nine west to the southwest corner of township one hundred sixty-one

north, range eighty-eight west, a point on the fifteenth standard parallel; thence west along the

fifteenth standard parallel to the northwest corner of township one hundred sixty north, range

eighty-nine west; thence south along the line between ranges eighty-nine and ninety west to the

southwest corner of township one hundred fifty-nine north, range eighty-nine west; thence east

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

northwest corner of township one hundred fifty-eight 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 fifty-seven north, range eighty-seven 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-seven west; thence continuing south along

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

one hundred fifty-three north, range eighty-seven 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-seven west; thence continuing south along the line

between ranges eighty-seven and eighty-eight west to the point of beginning.
N.D. Cent. Code § 11-10-04 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-04
11-10-04. Officer must be qualified elector - Exceptions
Status: in_force

11-10-04. Officer must be qualified elector - Exceptions

1. Except as otherwise specifically provided by the laws of this state, a county officer

must be a qualified elector in the county in which the person is appointed, and a

county commissioner must be a qualified elector in the district from which the

commissioner is chosen.

2. Notwithstanding subsection 3, upon approval of the board of county commissioners of

each affected county, a person may serve as an elected officer of more than one

county and must be a qualified elector of one of the counties in which the person is

elected.

3. A candidate for election to a county office must be, at the time of election, a qualified

elector in the jurisdiction in which the candidate is to serve.

4. Two or more counties may appoint one person to fill the same office in each county

and the person filling the office must be a qualified elector of one of the counties.

5. a. The boards of county commissioners of two or more counties may agree by

resolution to elect a multicounty jurisdiction state's attorney pursuant to chapter
N.D. Cent. Code § 11-09.1-14 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-14
11-09.1-14. Payment of expenses for indigent defense services
Status: in_force

11-09.1-14. Payment of expenses for indigent defense services

The home rule county must pay for an attorney and those expenses necessary for the

adequate defense of an indigent person prosecuted for violation of a home rule county

ordinance.
N.D. Cent. Code § 11-28.3-09 — ND Code / Title 11 / Chapter 11-28.3 / Section 11-28.3-09
11-28.3-09. Emergency medical service policy - Levy - Financial report
Status: in_force

11-28.3-09. Within the limits herein authorized, the district may borrow money and issue

appropriate evidence of indebtedness. No evidence of indebtedness issued under the

provisions of this chapter and sold privately shall bear interest at a rate or rates and be sold at a

price resulting in an average annual net interest cost higher than eight percent. There shall be

no interest rate ceiling on those issues sold at public sale. No evidence of indebtedness issued

under the provisions of this chapter shall be sold for less than ninety-eight percent of par value

plus accrued interest, if any interest has accrued as of the date of delivery thereof.
N.D. Cent. Code § 11-30-17 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-17
11-30-17. Notices - How posted and published in unorganized county
Status: in_force

11-30-17. Notices - How posted and published in unorganized county

All official and judicial notices relating to matters within the unorganized county shall be

posted within such unorganized county in the manner provided for posting notices in organized

counties. Published notices shall be published in a newspaper within the unorganized county, if

there is one, otherwise they shall be published in the official newspaper of the organized county

to which the unorganized county is attached.
N.D. Cent. Code § 11-11-27 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-27
11-11-27. Contents of fuel bids advertisement - When bids may be opened - Lowest bidder accepted
Status: in_force

11-11-27. Contents of fuel bids advertisement - When bids may be opened - Lowest

bidder accepted.

The advertisement must state what type of fuel is required and when the bids will be

opened and passed upon by the board of county commissioners. The bids may be opened and

passed upon at a regular or adjourned session of the board, or at a meeting called by the

county auditor as provided in section 11-11-05. The bid of the lowest responsible bidder must be

accepted, but the board may reject any or all bids.
N.D. Cent. Code § 11-39-05 — ND Code / Title 11 / Chapter 11-39 / Section 11-39-05
11-39-05. Disposition of property
Status: in_force

11-39-05. Disposition of property

The board of county commissioners may sell property used for county fair purposes and

held in the name of the county upon terms and conditions set by the board. The proceeds of

such sale must be placed in the county general fund.

If the county fair association fails to hold a fair within the county for two consecutive years,

the board of county commissioners may direct that any county property on hand be sold and the

proceeds of the sale and any unexpended balance in the county fair fund be transferred to the

county general fund.
N.D. Cent. Code § 11-28.3-17 — ND Code / Title 11 / Chapter 11-28.3 / Section 11-28.3-17
11-28.3-17. Discharge of financial obligations
Status: in_force

11-28.3-17. Discharge of financial obligations

1. The territory to be withdrawn, exempted, or dissolved from the district under this

chapter remains subject to and chargeable for the payment and discharge of the

proportion of obligations outstanding at the time of the withdrawal, exemption, or

dissolution. The taxable valuation of property in the territory to be withdrawn, exempt,

or dissolved bears to the taxable valuation of all property within the district before the

withdrawal, exemption, or dissolution.

2. Mill levies imposed under section 11-28.3-09 remain in effect until the proportionate

share of outstanding obligations are paid.

3. The board or boards of county commissioners, at a regular meeting, shall compute the

indebtedness proportionately assignable to the territory sought to be withdrawn,

exempted, or dissolved, and shall describe, by written order, the boundaries of the

territory withdrawn, exempted, or dissolved and the indebtedness of the district

assigned to the territory and subject to continued levy under section 11-28.3-09. The

order and computation must be filed in the office of the county auditor.

4. The annual estimate required under section 11-28.3-09 must reflect the annual

expense of retiring principal and interest upon the proportionate share of district

indebtedness assigned to the withdrawn, exempted, or dissolved territory.
N.D. Cent. Code § 11-10-07 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-07
11-10-07. Bonds required in counties where offices consolidated
Status: in_force

11-10-07. Bonds required in counties where offices consolidated

In counties where any offices are consolidated under the provisions of this title, only one

bond shall be required for the offices consolidated, and such bond shall be in the highest

amount required for any one of the offices so consolidated.
N.D. Cent. Code § 11-33.2-08 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-08
11-33.2-08. Board may adjust enforcement of resolution
Status: in_force

11-33.2-08. Board may adjust enforcement of resolution

The board of county commissioners is authorized to adjust the application or enforcement of

any provision of a resolution hereunder in any specific case when a literal enforcement of such

provision would result in great practical difficulties, unnecessary hardship, or injustice, so as to

avoid such consequences, provided such action shall not be contrary to the public interest or

the general purposes of this chapter.
N.D. Cent. Code § 11-18-05 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-05
11-18-05. Fees of recorder
Status: in_force

11-18-05. Fees of recorder

The recorder shall charge and collect the following fees:

1. For recording an instrument affecting title to real estate:

a. Deeds, mortgages, and all other instruments not specifically provided for in this

subsection, twenty dollars for documents containing one to six pages and

sixty-five dollars for documents containing more than six pages plus three dollars

for each additional page after the first twenty-five pages. In addition, for all

documents recorded under this section that list more than ten sections of land, a

fee of one dollar for each additional section listed which is to be recorded in the

tract index. Three dollars of the fee collected for each instrument recorded under

this subdivision must be placed in the document preservation fund.

(1) "Page" means one side of a single legal size sheet of paper not exceeding

eight and one-half inches [21.59 centimeters] in width and fourteen inches

[35.56 centimeters] in length.

(2) The printed, written, or typed words must be considered legible by the

recorder before the page will be accepted for recording and, unless the form

was issued by a government agency, must have a font size equal to or

larger than ten point calibri.

(3) Each real estate instrument must have a legal description considered to be

adequate by the recorder before such instrument will be accepted for

recording.

(4) A space of at least three inches [7.62 centimeters] must be provided across

the top of the first page of each instrument for the recorder's recording

information. If a space of at least three inches [7.62 centimeters] is not

provided across the top of the first page, the recorder shall add a page, and

an additional page charge must be levied in accordance with the fee

structure.

b. Instruments satisfying, releasing, assigning, subordinating, continuing, amending,

or extending more than ten instruments previously recorded in the county in

which recording is requested, a fee of twenty dollars for documents containing

one to six pages, sixty-five dollars for documents containing more than six pages

plus three dollars for each additional page after the first twenty-five pages, and

three dollars for each additional document number or book and page after the

first ten referenced instruments. In addition, for all documents recorded under this

section which list more than ten separate sections of land, a fee of one dollar for

each additional section listed which is to be recorded in the tract index. Three

dollars of the fee collected for each instrument recorded under this subdivision

must be placed in the document preservation fund.

c. Plats, twenty dollars for twenty lots or fewer and fifty dollars for more than twenty

lots.

d. All instruments presented for recording after June 30, 2001, must contain a

one-inch [2.54-centimeter] top, bottom, or side margin on each page of the

instrument for the placement of computerized recording labels. An instrument that

does not conform to this margin requirement may be recorded upon payment of

an additional fee of ten dollars.

2. For filing any instrument, ten dollars.

3. For making certified copies of any recorded instrument or filed instrument, the charge

is five dollars for the first page and two dollars for each additional page. For making a

noncertified copy of any recorded instrument or filed instrument, a fee of not more than

one dollar per instrument page. For providing any electronic data extracted from the

recorded instrument, a fee of not more than fifty cents per instrument.

4. The recorder may establish procedures for providing access for duplicating records

under the recorder's control. Such records include paper, photostat, microfilm,

microfiche, and electronic or computer-generated instruments created by

governmental employees.

5. Duplicate recorders' records stored offsite as a security measure are not accessible for

reproduction.
N.D. Cent. Code § 11-05-09 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-09
11-05-09. County auditor to notify secretary of state of result of election
Status: in_force

11-05-09. County auditor to notify secretary of state of result of election

Within ten days after the filing of the findings and certificates of the canvassing board on the

question of consolidation in each of the counties, the county auditor of each county shall send a

correct and duly certified abstract of the votes polled at the election to the secretary of state.
N.D. Cent. Code § 11-20-10 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-10
11-20-10. Original field notes part of record - Where books kept
Status: in_force

11-20-10. Original field notes part of record - Where books kept

The original field notes shall be a part of the record required to be kept by the county

surveyor and the books containing the notes shall be kept with the surveyor's other records of

the county. Whenever one of the field books is filled or whenever a deputy county surveyor shall

have ceased taking notes in the book the deputy has been using, the book shall be deposited in

the office of the county surveyor or county auditor. Whenever the term of office of a deputy

county surveyor expires, the deputy shall turn over to the county surveyor the field books which

the deputy has partly filled.
N.D. Cent. Code § 11-27-01 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-01
11-27-01. Board of county commissioners authorized to sell property - Private and public sale
Status: in_force

11-27-01. Board of county commissioners authorized to sell property - Private and

public sale.

The board of county commissioners of any county may dispose of any property, either real

or personal, which the county has acquired through purchase, forfeiture, conveyance, or

operation of law other than through tax sale proceedings, under this chapter. When the property

to be disposed of is property conveyed pursuant to Public Law No. 115-308, or property

estimated by the board to be of a value of less than one thousand dollars, it may be sold at

private sale upon the proper resolution of the board. In all other cases, the property may be sold

only at public sale or as provided under section 11-27-03.1.
N.D. Cent. Code § 11-09-46 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-46
11-09-46. Public welfare - Who in charge - Duties
Status: in_force

11-09-46. Public welfare - Who in charge - Duties

The county manager in counties adopting a short form of county managership and the

director of public welfare in counties adopting a county manager form of government shall have

charge of hospitals, charitable and correctional institutions, parks and playgrounds, public

health, and the relief and welfare activities imposed upon counties by general statutes. The

manager or director shall perform such other duties relating to public welfare as the board of

county commissioners may prescribe.
N.D. Cent. Code § 11-23-06 — ND Code / Title 11 / Chapter 11-23 / Section 11-23-06
11-23-06. Expenditure cannot be made in excess of appropriation
Status: in_force

11-23-06. Expenditure cannot be made in excess of appropriation

No county expenditure may be made or liability incurred, nor may a bill be paid for any

purpose, in excess of the appropriation, except as provided in section 11-23-07.
N.D. Cent. Code § 11-15-01.1 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-01.1
11-15-01.1. Sheriff must be qualified elector and must receive required training - Exception
Status: in_force

11-15-01.1. Sheriff must be qualified elector and must receive required training -

Exception.

Except as otherwise specifically provided by state law, the sheriff must be a qualified elector

in the county in which the sheriff is elected. Within one year after taking office, the sheriff shall

attend the sheriffs' school on civil process for one week, and unless already licensed under

sections 12-63-01 through 12-63-14, shall begin the training necessary to become so licensed.

Within two years after taking office, the sheriff shall complete the procedures required to be

licensed under sections 12-63-01 through 12-63-14.
N.D. Cent. Code § 11-10-13 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-13
11-10-13. Oath of deputies
Status: in_force

11-10-13. Oath of deputies

Each deputy county officer shall take and subscribe the same oath as the deputy's principal,

naming the deputyship, which shall be endorsed upon and filed with the deputy's certificate of

appointment.
N.D. Cent. Code § 11-15-03.1 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-03.1
11-15-03.1. Salary of county sheriff
Status: repealed

11-15-03.1. Salary of county sheriff

Repealed by S.L. 1975, ch. 87, § 2.
N.D. Cent. Code § 11-01-13 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-13
11-01-13. Divide County
Status: in_force

11-01-13. Divide County

Beginning at the point where the boundary line between the states of North Dakota and

Montana intersects the line between townships one hundred fifty-nine and one hundred sixty

north; thence east along the line between townships one hundred fifty-nine and one hundred

sixty north to the southeast corner of township one hundred sixty north, range ninety-five west of

the fifth principal meridian; thence north along the line between ranges ninety-four and

ninety-five west to the northeast corner of township one hundred sixty north, range ninety-five

west, a point on the fifteenth standard parallel; thence west along the fifteenth standard parallel

to the southeast corner of township one hundred sixty-one north, range ninety-five west; thence

continuing north along the line between ranges ninety-four and ninety-five west to the

international boundary line between the United States and Canada; thence west along the

international boundary line to the boundary line between the states of North Dakota and

Montana; thence south along the boundary line between the states of North Dakota and

Montana to the point of beginning.
N.D. Cent. Code § 11-27-02 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-02
11-27-02. Notice of sale when property sold at public sale
Status: in_force

11-27-02. Notice of sale when property sold at public sale

Upon the resolution of the board of county commissioners authorizing the sale of county

property at public sale, the county auditor shall cause to be published in the official county

newspaper once each week for two consecutive weeks a notice containing a description of the

property to be sold and designating the place where and the day and hour when the sale will be

held. The notice must specify whether the bids are to be received at auction or as sealed bids

as determined by the board.
N.D. Cent. Code § 11-09-33 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-33
11-09-33. Removal of subordinate officers and employees
Status: in_force

11-09-33. Removal of subordinate officers and employees

Any officer or employee appointed by the manager of a county adopting any form of county

managership, or upon the manager's authorization, may be laid off, suspended, or removed

from office or employment by the manager and, in a county adopting a county manager form of

government, by the officer or head of the department in which such officer or employee is

employed.
N.D. Cent. Code § 11-09-40 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-40
11-09-40. Finances - Administration
Status: in_force

11-09-40. Finances - Administration

The county manager in a county adopting a short form of county managership and the

director of finance in a county adopting a county manager form of government shall have charge

of the administration of the financial affairs of the county, including:

1. The budget.

2. The assessment of property for taxation.

3. The collection of taxes, license fees, and other county revenues.

4. The custody of all public funds belonging to or handled by the county.

5. The control over the expenditures of the county.

6. The disbursement of county funds.

7. The purchase, storage, and distribution of all supplies, materials, equipment, and

contractual services needed by any department, office, or other using agency of the

county.

8. The keeping and supervision of all accounts.

9. Such other duties as the board of county commissioners by ordinance or resolution

may require.
N.D. Cent. Code § 11-11-01 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-01
11-11-01. Number of county commissioners
Status: in_force

11-11-01. Number of county commissioners

Each organized county shall have a board of county commissioners which shall consist of

not less than three nor more than five members.
N.D. Cent. Code § 11-28.1-07 — ND Code / Title 11 / Chapter 11-28.1 / Section 11-28.1-07
11-28.1-07. Publication of assessment list and notice of hearing of objections to list
Status: in_force

11-28.1-07. Publication of assessment list and notice of hearing of objections to list

The special assessment commission shall cause the assessment list, which list shall not

include the amount each lot or tract is benefited by the improvement, to be published once each

week for two consecutive weeks in the official newspaper of the county, together with a notice of

the time when and the place where the commission will meet to hear objections made to any

assessment by any interested party or an interested party's agent or attorney. In lieu of

publication of an assessment list, if it includes more than five thousand lots or tracts, the

commission may cause it to be filed and made available for public inspection at all times after

the first publication of the notice, during reasonable business hours, at such place as shall be

designated in the published notice. The date set for such hearing shall be not less than fifteen

days after the first publication of the notice.
N.D. Cent. Code § 11-10-03 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-03
11-10-03. Additional justices and constables for unorganized townships
Status: repealed

11-10-03. Additional justices and constables for unorganized townships

Repealed by S.L. 1959, ch. 268, § 34.
N.D. Cent. Code § 11-06-02 — ND Code / Title 11 / Chapter 11-06 / Section 11-06-02
11-06-02. Area and population requirements of county after change in boundaries - When petition disregarded
Status: repealed

11-06-02. Area and population requirements of county after change in boundaries -

When petition disregarded.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-14-21 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-21
11-14-21. County treasurer's final settlement
Status: in_force

11-14-21. County treasurer's final settlement

When the county treasurer goes out of office, the treasurer shall make a full and complete

settlement with the board of county commissioners, and shall deliver up all books, papers,

moneys, and all other property pertaining to the office to the treasurer's successor, taking a

receipt therefor. The board shall see that the books of the county treasurer are correctly

balanced before passing into the possession and control of the treasurer elect. It shall witness

and attest the actual transfer and delivery of accounts, books, vouchers, and funds by any

outgoing treasurer to the successor in office, whether the successor treasurer is the same

person or another, and shall cause to be entered of record its full compliance with the

requirements of this section.
N.D. Cent. Code § 11-14-11 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-11
11-14-11. Report to township clerks
Status: repealed

11-14-11. Report to township clerks

Repealed by S.L. 2019, ch. 96, § 1.
N.D. Cent. Code § 11-06-08 — ND Code / Title 11 / Chapter 11-06 / Section 11-06-08
11-06-08. Redistricting when county enlarged
Status: in_force

11-06-08. Redistricting when county enlarged

Whenever the boundaries of any organized county shall have been enlarged by the addition

thereto of any additional territory, the board of county commissioners of such county shall

redistrict the county into commissioner districts immediately. Such redistricting may be done at a

regular or special meeting. The districts shall be made as regular and as compact in form as

practicable and as nearly equal in population as possible, but no new district shall be so formed

that any two of the then acting commissioners shall reside in the same district.
N.D. Cent. Code § 11-10-02 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-02
11-10-02. Number and election of county officers
Status: in_force

11-10-02. Number and election of county officers

Each organized county, unless it has adopted one of the optional forms of county

government provided by the code or has combined or separated the functions of county offices

or redesignated offices as elective or appointive pursuant to chapter 11-10.2 or 11-10.3, must

have the following officers:

1. One county auditor.

2. One recorder.

3. One county treasurer.

4. One coroner.

5. A board of county commissioners consisting of three or five members as provided in

this title.

In addition, unless otherwise provided in section 11-10-02.3, each county must have an elected

state's attorney and an elected sheriff. In counties having a population of six thousand or less,

the recorder also serves as ex officio clerk of the district court. The required officers must be

chosen by the qualified electors of the respective counties at the general election in each

even-numbered year, except the recorder, county auditor, treasurer, sheriff, and state's attorney,

who must be chosen in 1966 and every four years thereafter, the members of the board of

county commissioners, who must be chosen in the manner prescribed in section 11-11-02, and

the county coroner, who must be chosen in the manner prescribed in section 11-19.1-03.
N.D. Cent. Code § 11-11-08 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-08
11-11-08. Chairman - Election - Duties
Status: in_force

11-11-08. Chairman - Election - Duties

At the first meeting of the board of county commissioners each year, the members of the

board shall elect one of their number chairman, who shall act as chairman of such board during

the year in which the chairman is elected or until the chairman's successor is elected, and in

case of a vacancy from any cause whatever, the board shall elect another chairman. The

chairman shall preside at the meetings of the board. All orders made by the board shall be

signed by the chairman and attested by the county auditor as clerk of the board, except that

claim vouchers or other orders directed to the auditor as authorization for the issuance of

warrants shall not be attested by the auditor.
N.D. Cent. Code § 11-38-02 — ND Code / Title 11 / Chapter 11-38 / Section 11-38-02
11-38-02. Form of petitions
Status: in_force

11-38-02. Form of petitions

The petitions provided for in section 11-38-01 must be in substantially the following form:

PETITION REGARDING LEVY FOR EXTENSION WORK

We, the undersigned, qualified electors of __________ County, North Dakota, petition the

board of county commissioners that it [levy or discontinue the levy of] a tax not to exceed two

mills to employ an extension agent for the purpose of carrying on extension work in cooperation

with the North Dakota state university extension service.
N.D. Cent. Code § 11-39-06 — ND Code / Title 11 / Chapter 11-39 / Section 11-39-06
11-39-06. County funding to cease when fair not held - Misappropriation of funds
Status: in_force

11-39-06. County funding to cease when fair not held - Misappropriation of funds

The board of county commissioners shall refuse to provide funding for a county fair

association that failed to hold a fair within the county in any year for which it has received

funding from the county. In such a case, the board of county commissioners shall inquire into

the disposition of moneys paid by the county to the association after its last annual report, and if

there has been any misappropriation it shall institute proceedings at once to recover the sum

misappropriated. For any such misappropriation, the officers, trustees, or directors of the

association shall be liable personally to the county.
N.D. Cent. Code § 11-11.1-06 — ND Code / Title 11 / Chapter 11-11.1 / Section 11-11.1-06
11-11.1-06. Alternative levy for industrial development organizations
Status: repealed

11-11.1-06. Alternative levy for industrial development organizations

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-33-01 — ND Code / Title 11 / Chapter 11-33 / Section 11-33-01
11-33-01. County power to regulate property
Status: in_force

11-33-01. County power to regulate property

For the purpose of promoting health, safety, morals, public convenience, general prosperity,

and public welfare, the board of county commissioners of any county may regulate and restrict

within the county, subject to chapter 54-21.3, the location and the use of buildings and

structures and the use, condition of use, or occupancy of lands for residence, recreation, and

other purposes. The board of county commissioners and a county zoning commission shall

state the grounds upon which any request for a zoning amendment or variance is approved or

disapproved, and written findings upon which the decision is based must be included within the

records of the board or commission. The board of county commissioners shall establish zoning

requirements for solid waste disposal and incineration facilities before July 1, 1994. The board

of county commissioners may impose tipping or other fees on solid waste management and

incineration facilities. The board of county commissioners may not impose any fee under this

section on an energy conversion facility or coal mining operation that disposes of its waste

onsite. The board of county commissioners may establish institutional controls that address

environmental concerns with the department of environmental quality as provided in section

23.1-10-16.
N.D. Cent. Code § 11-20-08 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-08
11-20-08. Record of original field notes required
Status: in_force

11-20-08. Record of original field notes required

Each county surveyor shall keep the original field notes of all surveys made by the surveyor

or the surveyor's deputies for permanent purposes in well-bound books of convenient size

furnished by the county surveyor at the expense of the county. Each book shall contain an index

referring to the surveys of which it contains the field notes.
N.D. Cent. Code § 11-14-02 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-02
11-14-02. When county treasurer to qualify and take office
Status: in_force

11-14-02. When county treasurer to qualify and take office

The county treasurer shall qualify and enter upon the discharge of the duties of the office on

the first of May next succeeding the treasurer's election.
N.D. Cent. Code § 11-28.1-14 — ND Code / Title 11 / Chapter 11-28.1 / Section 11-28.1-14
11-28.1-14. Use of collections of assessments
Status: in_force

11-28.1-14. Use of collections of assessments

All collections of special assessments levied pursuant to this chapter shall be credited as

received to the special fund maintained by the county for the payment of any obligations for

which the assessments were levied.
N.D. Cent. Code § 11-16-08 — ND Code / Title 11 / Chapter 11-16 / Section 11-16-08
11-16-08. County commissioners may employ special counsel for the county
Status: in_force

11-16-08. County commissioners may employ special counsel for the county

The board of county commissioners, in cases of public importance and with the advice and

consent of the state's attorney, may employ additional counsel to assist the state's attorney.

Such counsel shall receive such compensation as may be agreed upon between the parties.
N.D. Cent. Code § 11-23-04 — ND Code / Title 11 / Chapter 11-23 / Section 11-23-04
11-23-04. Hearing on budget - Taxpayer may appear
Status: in_force

11-23-04. Hearing on budget - Taxpayer may appear

The board of county commissioners shall meet at the time and place designated in the

notice prescribed by section 57-15-02.2. Any taxpayer who may appear shall be heard in favor

of or against any proposed expenditures or tax levies. When the hearing shall have been

concluded, the board shall adopt such estimate as finally is determined upon. All taxes shall be

levied in specific amounts and shall not exceed the amount specified in the published estimates.
N.D. Cent. Code § 11-01-44 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-44
11-01-44. Sioux County
Status: in_force

11-01-44. Sioux County

Beginning at the southwest corner of township one hundred twenty-nine north, range ninety

west of the fifth principal meridian, a point on the seventh standard parallel; thence east along

the seventh standard parallel to the main channel of the Missouri River; thence in a northerly

direction along the main channel of the Missouri River to the point where the main channel of

the Cannonball River intersects the main channel of the Missouri River; thence in a

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

the Cannonball River to the point where the line between ranges ninety and ninety-one west

intersects the main channel of the South Fork of the Cannonball River; thence south along the

line between ranges ninety and ninety-one west to the point of beginning.
N.D. Cent. Code § 11-15-10 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-10
11-15-10. Fees in county court
Status: repealed

11-15-10. Fees in county court

Repealed by S.L. 1991, ch. 326, § 203.
N.D. Cent. Code § 11-20-12 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-12
11-20-12. Contents of record of survey
Status: in_force

11-20-12. Contents of record of survey

The record of each survey shall contain:

1. The evidence by which the surveyor determined or identified the corners or other

starting points of the survey.

2. A full description of the starting points and the means which were taken to perpetuate

the starting points upon the ground or to assist in determining and preserving their

locations.

3. The object of the survey.

4. The methods used by the surveyor in making the survey and, when necessary or

convenient, diagrams or plats may be used to illustrate such methods. If diagrams are

used, they shall be considered a part of the record and there shall be shown thereon

the courses and distances of the boundary lines located by the survey and such other

facts as may have been determined by it.

5. The amount and direction of the allowance made by the surveyor for the difference

between the magnetic meridian and the true meridian when the courses of the lines

shown on the survey are given by the magnetic needle.

6. The date of the survey.

7. A full description of the land covered by the survey.

8. A list of property owners who were notified of the survey and a list of such owners

present when the survey was made.

9. The name of the person or the names of the persons for whom the survey was made.

10. The names of the persons employed as chainmen on the survey and a statement that

they were sworn by the surveyor when so required by law.

11. The certificate of the surveyor that the surveyor has carefully compared the record with

the original field notes which the surveyor took at the time of the survey and that it is a

true statement of the facts of the survey as shown by the original field notes.
N.D. Cent. Code § 11-19.1-05 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-05
11-19.1-05. Appointment of assistant
Status: repealed

11-19.1-05. Appointment of assistant

Repealed by S.L. 2009, ch. 212, § 17.
N.D. Cent. Code § 11-38-09 — ND Code / Title 11 / Chapter 11-38 / Section 11-38-09
11-38-09. Direction and supervision of extension agent
Status: in_force

11-38-09. Direction and supervision of extension agent

The North Dakota state university extension service shall actively direct and supervise the

work of the extension agent. The extension agent regularly shall request feedback from the

board of county commissioners on county programs, based on local and state needs

considerations. The work of the county agent may not conflict with state or federal laws or

regulations governing appropriations for extension work.
N.D. Cent. Code § 11-10-10.4 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-10.4
11-10-10.4. Compensation and expenses of county commissioners for 1949, 1950, 1951, and 1952
Status: repealed

11-10-10.4. Compensation and expenses of county commissioners for 1949, 1950,

1951, and 1952.

Repealed by omission from this code.
N.D. Cent. Code § 11-10.2-02 — ND Code / Title 11 / Chapter 11-10.2 / Section 11-10.2-02
11-10.2-02. Methods of accomplishing office combination, separation, or redesignation of elective or appointive status
Status: in_force

11-10.2-02. Methods of accomplishing office combination, separation, or

redesignation of elective or appointive status.

The combination or separation of elective county offices, or redesignation of a county office

as elective or appointive, may be accomplished:

1. By resolution of the board of county commissioners, subject to the right of referendum

in the county electors. The board of county commissioners may by a majority vote

adopt a preliminary resolution incorporating a proposed plan for combining or

separating county offices, or redesignating a county office as elective or appointive.

The board shall cause the complete text of the proposed plan to be published in the

official newspaper of the county, at least once during two different weeks within the

thirty-day period immediately following the adoption of the preliminary resolution. The

board of county commissioners shall hold public hearings and community forums or

use other suitable means to disseminate information, receive suggestions and

comments, and encourage public discussion of the purpose, conclusions, and

recommendations of the plan. Within two years after the adoption of the preliminary

resolution, the board of county commissioners may by final resolution approve the plan

or amend the plan and approve it for implementation according to its terms. The final

resolution may be referred to the qualified electors of the county by a petition

protesting the plan. The petition must be signed by ten percent or more of the total

number of qualified electors of the county voting for governor at the most recent

gubernatorial election, and filed with the county auditor, or functional equivalent of that

office, before four p.m. on the thirtieth day after the final resolution is adopted. Within

ten days after the filing of the petition, the county auditor shall examine the petition and

ascertain from the voter list whether the petition contains the signatures of a sufficient

number of qualified electors. Any insufficiencies may be cured by the filing of an

amended petition within ten days after the county auditor declares the insufficiency.

The final resolution is suspended upon a determination by the county auditor that the

petition was timely filed and contains the signatures of a sufficient number of qualified

electors. The board of county commissioners shall reconsider the referred resolution,

and if it does not repeal the resolution in its entirety, shall submit the resolution to a

vote of the qualified electors of the county at the next regular election. The county

auditor shall cause the complete text of the resolution to be published in the official

newspaper of the county, not less than two weeks nor more than thirty days, before the

date of the election. If a majority of the qualified electors voting on the question

approves the resolution, the plan incorporated in the resolution is effective and

becomes operative according to its terms as if it had not been suspended.

2. By initiative of county electors. A petition signed by ten percent or more of the total

number of qualified electors of the county voting for governor at the most recent

gubernatorial election may be submitted to the board of county commissioners, calling

upon the board to submit to the electors the question of adopting a plan described in,

or annexed to, the petition. The county auditor, or the functional equivalent of that

officer, shall examine the petition and ascertain from the voter list whether or not the

petition contains the signatures of a sufficient number of qualified electors. Any

insufficiencies may be cured by the filing of an amended petition within thirty days after

the county auditor declares the insufficiency. When a plan for the combination or

separation of county offices or redesignation of county offices as elective or appointive

is proposed pursuant to this subsection, the board of county commissioners shall

submit the proposed plan to a vote of the qualified electors of the county at a primary

or general election not less than sixty days nor more than two years, as specified in

the petition, after determining that the petition is sufficient. The question on the ballot

at the election must be framed in a manner that fairly and accurately describes the

substance of the proposed plan. The board shall cause the complete text of the

proposed plan to be published in the official newspaper of the county, at least once

during two different weeks within the thirty-day period immediately preceding the date

of the election. The board of county commissioners may, prior to the election, hold

public hearings and community forums and use other suitable means to disseminate

information, receive suggestions and comments, and encourage public discussion of

the purpose, conclusions, and recommendations of the plan. If a majority of the

qualified electors voting on the question approves of its adoption, the plan is effective

according to its terms.
N.D. Cent. Code § 11-11-25.1 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-25.1
11-11-25.1. Disposition of unexpended and unencumbered county taxes levied for a specific purpose
Status: in_force

11-11-25.1. Disposition of unexpended and unencumbered county taxes levied for a

specific purpose.

If any county shall levy a tax for a specific purpose and the moneys collected are not

expended or encumbered within two years after their collection, the board of county

commissioners may deposit such taxes in the county general fund or authorize their expenditure

by any political subdivision having authority to carry out the purpose for which the taxes were

originally levied.
N.D. Cent. Code § 11-11-60 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-60
11-11-60. Booster station tax levy authorized
Status: repealed

11-11-60. Booster station tax levy authorized

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-11-39 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-39
11-11-39. Appeal from decision of board by aggrieved person - Bond - Costs and fees payable
Status: in_force

11-11-39. Appeal from decision of board by aggrieved person - Bond - Costs and fees

payable.

An appeal may be taken to the district court from any decision of the board of county

commissioners by any aggrieved person. The appellant shall file an undertaking in such

reasonable sum and with such sureties as may be approved by the county auditor, conditioned

that the appellant will prosecute the appeal without delay and will pay all costs adjudged against

the appellant in the district court. The undertaking shall be payable to the county. The district

court may at its discretion award costs and reasonable attorney's fees to appellants when three

or more aggrieved persons have joined in an appeal from a decision of the board of county

commissioners and the court rules in favor of the appellants.
N.D. Cent. Code § 11-19.1-18 — ND Code / Title 11 / Chapter 11-19.1 / Section 11-19.1-18
11-19.1-18. State forensic examiner - Authority - Costs
Status: in_force

11-19.1-18. State forensic examiner - Authority - Costs

1. The state forensic examiner may order an autopsy and exercise all powers and

authority bestowed upon the office of the coroner and, at any time, may assume

jurisdiction over a deceased human body. Whenever requested to do so by the local

coroner, acting coroner, or the local state's attorney, the state forensic examiner or the

examiner's designee shall assume jurisdiction over a deceased human body for

purposes of investigating the cause of death, the manner of death, and the mode in

which the death occurred.

2. Except for the cost of an autopsy performed by the state forensic examiner or the

examiner's designee and for the cost of an autopsy, investigation, or inquiry that

results from the death of a patient or resident of the state hospital or any other state

residential facility or an inmate of a state penal institution, all costs with respect to the

autopsy, the transporting of the body for autopsy, and the costs of the investigation or

inquiry are the responsibility of the county.
N.D. Cent. Code § 11-11-24 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-24
11-11-24. Limitation on tax levy for extraordinary expenditure
Status: repealed

11-11-24. Limitation on tax levy for extraordinary expenditure

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-28.1-08 — ND Code / Title 11 / Chapter 11-28.1 / Section 11-28.1-08
11-28.1-08. Alteration of assessments at hearing - Limitations
Status: in_force

11-28.1-08. Alteration of assessments at hearing - Limitations

At the hearing, the special assessment commission may make such alterations in the

assessments as in its opinion may be just or necessary to correct any error in the assessment

list. The commission may increase or diminish any assessment as may be just and necessary to

make the aggregate of all assessments equal to the total amount required to pay the entire cost

of the service for which such assessments are made. No assessment shall exceed the benefits

as determined by the commission to the parcel of land assessed.
N.D. Cent. Code § 11-03-02 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-02
11-03-02. Petition - Contents - Signers necessary
Status: in_force

11-03-02. Petition - Contents - Signers necessary

The petition for the formation of a new county under this chapter shall:

1. Describe the territory proposed to be taken for the new county.

2. Set forth the name of the proposed new county.

3. Be signed by a majority of the qualified electors residing in the territory to be taken

from the existing county or counties as determined by the vote cast for the office of

governor at the last preceding general election.

4. Pray for the formation of a new county from the territory described in such petition.
N.D. Cent. Code § 11-28.1-01 — ND Code / Title 11 / Chapter 11-28.1 / Section 11-28.1-01
11-28.1-01. Board of county park commissioners may establish service districts
Status: in_force

11-28.1-01. Board of county park commissioners may establish service districts

For the purpose of providing police protection and garbage removal services and defraying

the cost thereof, any board of county park commissioners may create police protection and

garbage removal service districts, and may extend any such district when necessary. The

appropriate police protection or garbage removal district shall be created by resolution. The

district shall be designated by a name appropriate to the type of service provided for which it is

created, and by a number distinguishing it from other service districts. A police protection or

garbage removal district may be composed in part or entirely of or include real property which is

not otherwise under the jurisdiction of the board of county park commissioners, but which is

contiguous to real property under the jurisdiction of the park commissioners and directly

benefited by the proposed police protection and garbage removal. The county park

commissioners may provide garbage collection services in such district as designated in the

resolution, and may designate police officers who shall have police powers for the enforcement

of the laws of this state within such district, such police authority to be executed concurrently

with other law enforcement officers having jurisdiction over such area.
N.D. Cent. Code § 11-05.1-03 — ND Code / Title 11 / Chapter 11-05.1 / Section 11-05.1-03
11-05.1-03. Powers and duties - Contents of plan
Status: in_force

11-05.1-03. Powers and duties - Contents of plan

1. The committee, in studying and preparing a plan to consolidate the counties or change

county lines, shall consider and include in the plan as appropriate:

a. The fiscal impact of the proposed county consolidation or change in county lines

and the economic viability of the proposed county or counties, including the costs

of the proceedings to form the county or change county lines;

b. The comparative costs of providing services in the affected counties and the

proposed county or counties;

c. The projected revenues available to the affected counties and the proposed

county or counties;

d. The final boundaries of the proposed county or counties;

e. A procedure for the orderly and timely transfer of service functions and

responsibilities from the affected counties to the proposed county or counties;

f. A method or plan and timetable for redistricting the proposed consolidated county,

pursuant to the redistricting principles enumerated in chapter 11-07. The

redistricting process in the case of a change in county lines is as provided in

section 11-06-08;

g. The procedure and plan for equalization of the assets and liabilities of the

affected counties, and procedures for negotiation and resolution of any

subsequent disagreement regarding the equalization of assets and liabilities;

h. An 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;

i. The estimated taxes, assessments, or other authorized charges necessary in the

proposed county to meet the liabilities in the first full fiscal year after the proposed

county is formed;

j. The structure or form of county government and the selection, powers, duties,

functions, qualifications and training, terms, and compensation of officers;

k. The application of the plan, if any, to each school district, city park district, and

any other special taxing district within the affected counties;

l. The transition in implementing the plan, including elements that consider the

reasonable expectations of current officeholders such as compensation during an

unexpired term of office and 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;

m. The limited application or temporary implementation of the plan, including

provisions that permit implementation on an experimental or pilot basis such as

the expiration of the plan on a date certain in the future, required reapproval of

the plan by the electors at a future date, or a phased-in implementation of various

components of the plan; and

n. Other considerations and provisions that the committee decides to include and

which are consistent with state law.

2. The committee may:

a. Employ and fix the compensation and duties of necessary staff;

b. Contract and cooperate with other individuals and public or private agencies

considered necessary for assistance, including institutions of higher education;

c. Establish advisory subcommittees that include, if desired, persons who are not

members of the study committee;

d. Hold public hearings and community forums and use other suitable means to

disseminate information, receive suggestions and comments, and encourage

public discussion of its purpose, progress, conclusions, and recommendations;

and

e. Draft a multicounty home rule charter as a charter commission pursuant to

section 11-09.1-04.1, in lieu of proceeding pursuant to the provisions of chapter

11-05.
N.D. Cent. Code § 11-25-04 — ND Code / Title 11 / Chapter 11-25 / Section 11-25-04
11-25-04. Treasurer to mark warrants redeemed
Status: in_force

11-25-04. Treasurer to mark warrants redeemed

When the county treasurer pays any warrant drawn on the treasurer by the county auditor,

or when the treasurer takes or receives any warrant or receipt in payment of any tax, the

treasurer shall write or stamp on the face of such warrant, order, or receipt the word "redeemed"

or "paid" and the date of redemption or payment.
N.D. Cent. Code § 11-33-07 — ND Code / Title 11 / Chapter 11-33 / Section 11-33-07
11-33-07. County planning commission to prepare plan
Status: in_force

11-33-07. County planning commission to prepare plan

After investigation, as herein provided, the county planning commission shall prepare a

proposed resolution to be submitted to the board of county commissioners establishing districts

and prescribing regulations therefor, as herein provided, which shall be filed in the office of the

county auditor.
N.D. Cent. Code § 11-10-02.1 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-02.1
11-10-02.1. Employment of county surveyors
Status: in_force

11-10-02.1. Employment of county surveyors

The board of county commissioners may employ a county surveyor to serve at the pleasure

of the board and such surveyor may be compensated on a per diem basis or otherwise as may

be determined by the board. The office of county surveyor may be combined with the office of

county highway engineer.
N.D. Cent. Code § 11-15-14 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-14
11-15-14. Sheriff's fees collectible in advance - Report of fees - Mileage in criminal cases
Status: in_force

11-15-14. Sheriff's fees collectible in advance - Report of fees - Mileage in criminal

cases.

In civil actions, the sheriff shall collect the sheriff's fees in advance. Upon a request for

cancellation of a civil action, the sheriff may retain up to twenty dollars of the collected fee. At

the expiration of each month, the sheriff shall make a report, verified by the sheriff's affidavit, to

the board of county commissioners showing all fees earned and collected during that month and

shall transfer those fees to the county treasurer. The sheriff shall maintain a complete record of

all fees due to the sheriff's office for services rendered in criminal actions and shall file the

sheriff's itemized statement for mileage in connection with criminal cases with the county auditor

at the expiration of each month. Claims for mileage in criminal cases shall be audited by the

board of county commissioners and paid by the county.
N.D. Cent. Code § 11-30-21 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-21
11-30-21. Liability of disorganized county on existing obligations - Municipal organizations - Issuance of bonds - Compromises
Status: in_force

11-30-21. Liability of disorganized county on existing obligations - Municipal

organizations - Issuance of bonds - Compromises.

The disorganization of a county shall not affect its liability upon contracts or otherwise and

shall not affect the organization of school districts, townships, and municipalities within the

territory contained in the disorganized county. The board of county commissioners of the

adjoining county to which the disorganized county is attached for judicial, record, and taxation

purposes may compromise debts and obligations of the disorganized county existing at the time

of the disorganization and may issue bonds or certificates of indebtedness in settlement or

compromise of, or to refund, such debts and obligations. Bonds or certificates issued under the

provisions of this section shall bear upon their face a statement that the principal and interest to

become due thereon shall be paid only from taxes levied upon the property within the

disorganized county.
N.D. Cent. Code § 11-24-02 — ND Code / Title 11 / Chapter 11-24 / Section 11-24-02
11-24-02. Requirements for copies of plats and plans
Status: in_force

11-24-02. Requirements for copies of plats and plans

The sheets of tracing cloth on which copies of the original plats and plans are made shall be

not less than thirty by twenty inches [762.00 by 508.00 millimeters] nor more than thirty-one by

twenty-one inches [787.40 by 533.40 millimeters] and shall be lettered in a workmanlike manner

with suitable titles transcribed on them, numbered, lettered, and made up in one or more books

which are bound in suitable covers so that they may be readily removed for the purpose of

making prints. These copies shall serve as negatives for prints and shall be certified by the

engineer in charge of the work to be correct copies of the original.
N.D. Cent. Code § 11-10-10 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-10
11-10-10. Salaries of elected county officers
Status: in_force

11-10-10. Salaries of elected county officers

1. The salary of an elected county auditor, county treasurer, county superintendent of

schools, recorder, and sheriff must be regulated by the population in the respective

counties according to the last preceding official federal census from and after the date

when the official report of the census has been published. Notwithstanding any

decreases in population, the salaries paid county officers as of July 1, 1981, reduced

by any discretionary salary increase authorized by the county commissioners pursuant

to this section, must be at least the minimum amount payable for that office when filled

on a full-time basis in the future.

2. An elected county treasurer, county superintendent of schools, recorder, and county

auditor are entitled to the following minimum annual salary, payable monthly, for official

services rendered:

a. Nineteen thousand dollars in counties having a population of less than eight

thousand.

b. Nineteen thousand five hundred dollars in counties having a population of or

exceeding eight thousand plus additional compensation of one hundred dollars

per year for each one thousand additional population or major fraction thereof

over eight thousand. However, in counties where the population consists of more

than twenty-five percent Indians who have not severed tribal relations, the county

commissioners may adjust the salaries provided for in this subsection within the

limitations contained in this subdivision.

3. The county superintendent of schools is entitled to receive for any trips necessarily

made within the county in the performance of school district reorganization duties the

same mileage received under section 11-10-15. The board of county commissioners of

any county may, by resolution, increase the salary of any full-time county official

provided in this section, if, in the judgment of such board, by reason of duties

performed, the official merits the increase. The salary of a county official may not be

reduced during the official's term of office. Any county official performing duties on less

than a full-time basis may be paid a reduced salary set by the board of county

commissioners. If the county has for its employees a group insurance program for

hospital benefits, medical benefits, or life insurance, or a group retirement program,

financed in part or entirely by the county, the benefits may be in addition to the salaries

payable to county officials.

4. Each county commissioner may receive an annual salary or per diem as provided by

resolution of the board.

5. An elected sheriff is entitled to the following minimum annual salary, payable monthly,

for official services rendered:

a. Twenty-one thousand nine hundred dollars in counties having a population of less

than eight thousand.

b. Twenty-two thousand nine hundred dollars in counties having a population

exceeding eight thousand plus additional compensation of one hundred dollars

per year for each one thousand additional population or major fraction thereof

over eight thousand. However, in counties where the population consists of more

than twenty-five percent Indians who have not severed tribal relations, the county

commissioners may adjust the salaries provided for in this subsection within the

limitations contained in this subdivision.

6. An elected state's attorney in counties having a population exceeding thirty-five

thousand, or in other counties where the board of county commissioners has

determined by resolution that the state's attorney must be full time and may not be an

attorney or counsel for any party except the state or county, is entitled to receive a

minimum salary of forty-seven thousand dollars. State's attorneys not considered full

time are entitled to an annual salary of at least forty-five percent of the minimum salary

paid to a full-time state's attorney.
N.D. Cent. Code § 11-11-03 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-03
11-11-03. Term of office of commissioners
Status: in_force

11-11-03. Term of office of commissioners

A county commissioner shall hold office for the term of four years except as otherwise

provided in this title.
N.D. Cent. Code § 11-27-12 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-12
11-27-12. Board of county commissioners permitted to exchange lands
Status: in_force

11-27-12. Board of county commissioners permitted to exchange lands

The board of county commissioners of any county in this state may exchange any lands, the

title to which has been acquired by tax deed proceedings, for any other lands in the same

county, when it is deemed advisable or for the best interests of the county that such exchange

be made, upon publication by such board of notice of the proposed exchange. Such notice shall

be published six, four, and two weeks prior to the date of the proposed exchange in the official

newspaper of the county in which the lands are located. The notice shall give the legal

description of the lands to be exchanged and the names of the respective owners thereof. The

decision of the said board to exchange the lands may be appealed from in the manner provided

by law. The board of county commissioners shall not be authorized or permitted to acquire title

to any land through exchange for it of other property, unless the county shall receive full value in

such exchange, and unless the land so acquired shall be free and clear of all liens and

encumbrances. In making an exchange for other lands, the board of county commissioners shall

not be permitted to pay out or expend any funds or money belonging to the county, except the

expenses incurred in the publication as herein provided.
N.D. Cent. Code § 11-33.2-09 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-09
11-33.2-09. Appeals to district court
Status: in_force

11-33.2-09. Appeals to district court

Any person, or persons, jointly or severally, aggrieved by a decision of the board of county

commissioners under this chapter, or any resolution or amendments adopted hereunder, may

appeal to the district court in the manner provided in section 28-34-01.
N.D. Cent. Code § 11-08-01 — ND Code / Title 11 / Chapter 11-08 / Section 11-08-01
11-08-01. Who may adopt county consolidated office form of government
Status: in_force

11-08-01. Who may adopt county consolidated office form of government

Any county in this state may adopt the county consolidated office form of government in

accordance with the provisions of this chapter.
N.D. Cent. Code § 11-01-54 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-54
11-01-54. Williams County
Status: in_force

11-01-54. Williams County

Beginning at the point where the boundary line between the states of North Dakota and

Montana intersects the line between townships one hundred fifty-nine and one hundred sixty

north; thence south along the boundary line between the states of North Dakota and Montana to

the main channel of the Missouri River; thence in an easterly direction along the main channel

of the Missouri River to the point where the line between ranges ninety-four and ninety-five west

of the fifth principal meridian intersects the main channel of the Missouri River; thence north

along the line between ranges ninety-four and ninety-five west to the northeast corner of

township one hundred fifty-six north, range ninety-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 ninety-five west; thence continuing north along the line

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

hundred fifty-nine north, range ninety-five west; thence west along the line between townships

one hundred fifty-nine and one hundred sixty north to the point of beginning.
N.D. Cent. Code § 11-11-55 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-55
11-11-55. County may agree to make improvements on private roads - Costs of improvements to constitute lien on real estate
Status: in_force

11-11-55. County may agree to make improvements on private roads - Costs of

improvements to constitute lien on real estate.

The board of county commissioners shall have the power to enter into agreements with

private landowners for the purpose of making improvements on private roads. The board shall

charge the landowner for the improvements made pursuant to such agreement, and such

charges shall constitute a lien upon the real estate of the landowner in the same manner as

personal property taxes are made a lien upon real estate as provided in chapter 57-22.
N.D. Cent. Code § 11-10-19 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-19
11-10-19. Use of photography in making county records
Status: in_force

11-10-19. Use of photography in making county records

Whenever the board of county commissioners shall deem it expedient to do so,

photography may be used in the making of permanent county records. When permanent

photographic or photostatic copies of any instrument, document, or decree which is required to

be recorded are thus made, such copies may be filed and kept instead of the record books or

records of instruments or documents required by any provision of this code.
N.D. Cent. Code § 11-03-26 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-26
11-03-26. Writs, bonds, and recognizances issued from new county
Status: in_force

11-03-26. Writs, bonds, and recognizances issued from new county

All process, writs, bonds, notices, appeals, recognizances, papers, and proceedings in

actions changed to a new county under this chapter, issued and made returnable to the district

court of the original county prior to the creation of the new county, shall be taken and considered

as made, taken, and returnable to the district court within the boundaries of the new county.

Such bonds, recognizances, and obligations shall be payable to the new county and

recoverable upon in the name of the new county. All papers and certified copies of all

proceedings had in any such action shall be transmitted by the clerk of the district court of the

original county to the clerk of the district court of the new county.
N.D. Cent. Code § 11-30-13 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-13
11-30-13. Records, property, and money of disorganized county transferred to organized county
Status: in_force

11-30-13. Records, property, and money of disorganized county transferred to

organized county.

Within fifteen days following the governor's proclamation, all the county officers of the

county to be disorganized shall remove all files, records, books, papers, equipment, fixtures,

furniture, and other personal property to the courthouse of the organized county to which the

unorganized county is to be attached. If the absence of any of such items from the courthouse

of the adjoining organized county would not inconvenience the public, the item shall be

disposed of by the officers of the county to be disorganized as directed by the board of county

commissioners of the adjoining organized county. During the fifteen-day period following the

governor's proclamation, all moneys and property of whatsoever nature shall be delivered to the

custody of the proper officers of the adjoining organized county.
N.D. Cent. Code § 11-04-06 — ND Code / Title 11 / Chapter 11-04 / Section 11-04-06
11-04-06. Election on county seat removal - Notice - How conducted - Returns - How made
Status: in_force

11-04-06. Election on county seat removal - Notice - How conducted - Returns - How

made.

Notice of an election on the question of removal of a county seat, clearly stating its object,

must be given and the election must be held and conducted and the returns made in all

respects in the manner prescribed by law for the submission of questions to the electors of a

county under the general election law.
N.D. Cent. Code § 11-28-18 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-18
11-28-18. Auditing and payment of bills
Status: repealed

11-28-18. Auditing and payment of bills

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-33.2-11 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-11
11-33.2-11. Board may approve plats - Appropriate money
Status: in_force

11-33.2-11. Board may approve plats - Appropriate money

The board of county commissioners may approve plats as a prerequisite to the subdivision

of land subject to the provisions of this chapter and may establish and collect reasonable fees

therefor. The fees collected must be credited to the general fund of the county. The board of

county commissioners may appropriate, out of the general funds of the county, moneys

necessary for the purposes of this chapter. The board of county commissioners shall state the

grounds upon which any request for approval of plats is approved or disapproved, and written

findings upon which the decision is based must be included within the records of the board.
N.D. Cent. Code § 11-11.1-05 — ND Code / Title 11 / Chapter 11-11.1 / Section 11-11.1-05
11-11.1-05. Organization of authorities - Temporary mill levy
Status: repealed

11-11.1-05. Organization of authorities - Temporary mill levy

Repealed by S.L. 2015, ch. 62, § 18.
N.D. Cent. Code § 11-10-27 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-27
11-10-27. Presumption of regular adoption, enactment, or amendment of resolution or ordinance
Status: in_force

11-10-27. Presumption of regular adoption, enactment, or amendment of resolution or

ordinance.

Three years after adoption or amendment of a resolution or the enactment or amendment of

an ordinance by the board of county commissioners it is conclusively presumed that the

resolution or ordinance was adopted, enacted, or amended and published as required by law.
N.D. Cent. Code § 11-10-28 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-28
11-10-28. Newly elected or appointed county officials - Training
Status: in_force

11-10-28. Newly elected or appointed county officials - Training

Within one year of assuming office, an individual who is elected or appointed to the office of

county commissioner, auditor, clerk of district court, recorder, or treasurer shall attend training

based upon a curriculum specific to that office and approved by the statewide association for

that office.
N.D. Cent. Code § 11-04-12 — ND Code / Title 11 / Chapter 11-04 / Section 11-04-12
11-04-12. County seat not on railroad - Election any year
Status: repealed

11-04-12. County seat not on railroad - Election any year

Repealed by S.L. 1995, ch. 109, § 3.
N.D. Cent. Code § 11-09-18 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-18
11-09-18. State's attorney to be elected - Powers - Duties
Status: in_force

11-09-18. State's attorney to be elected - Powers - Duties

Except as provided in section 11-10-02.3, the state's attorney of a county adopting any form

of county managership must be elected in the manner prescribed by general statutes. The

state's attorney shall serve as legal adviser to the board of county commissioners and to the

county manager, act as counsel for the county in any suit instituted by or against it, and perform

other duties as may be prescribed by the board of county commissioners or which are imposed

on state's attorneys by general statute. The state's attorney of an adjoining county may run for

election in a county which has adopted a short form of county managership. The compensation

of the state's attorney of an adjoining county must be that agreed upon by the person so

elected, the county manager, and the boards of county commissioners of the two counties

affected.
N.D. Cent. Code § 11-33-05 — ND Code / Title 11 / Chapter 11-33 / Section 11-33-05
11-33-05. Meetings - Officers
Status: in_force

11-33-05. Meetings - Officers

The commission shall meet within thirty days after its appointment and elect a chairman and

other necessary officers from its membership. The commission may adopt rules and bylaws not

inconsistent with the provisions of this chapter. A majority of the members of the commission

constitutes a quorum. The appointing authority shall establish the rate of compensation for

commissioners and actual expenses incurred by commissioners may be reimbursed at the

official reimbursement rates of the appointing authority. The county auditor shall serve as

secretary to the commission and shall keep all of the records and accounts of the commission.
N.D. Cent. Code § 11-03-20 — ND Code / Title 11 / Chapter 11-03 / Section 11-03-20
11-03-20. Commissioners of original county to fill vacancies and redistrict county
Status: in_force

11-03-20. Commissioners of original county to fill vacancies and redistrict county

The board of county commissioners of a county from which a portion segregates under this

chapter, immediately after such segregation, shall redistrict its county into the commissioners'

districts provided for by the laws then existing and shall fill any vacancies occasioned by the

segregation in the manner provided by law for filling vacancies.
N.D. Cent. Code § 11-28-19 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-19
11-28-19. Publication of rules and proceedings
Status: repealed

11-28-19. Publication of rules and proceedings

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-23-02 — ND Code / Title 11 / Chapter 11-23 / Section 11-23-02
11-23-02. Auditor to prepare budget of county expenditures (Effective through June 30, 2029)
Status: in_force

11-23-02. Auditor to prepare budget of county expenditures. (Effective through

June 30, 2029)

The county auditor shall prepare an annual budget for the general fund, each special

revenue fund, and each debt service fund of the county in the form prescribed by the state

auditor. The budget must set forth specifically:

1. The detailed breakdown of the estimated revenues and appropriations requested for

each fund for the ensuing year.

2. The detailed breakdown of the revenues and expenditures for each fund for the

preceding year.

3. The detailed breakdown of estimated revenues and expenditures for each fund for the

current year.

4. The transfers in or out for each fund for the preceding year and the estimated transfers

in or out for the current year and the ensuing year.

5. The beginning and ending balance of each fund or estimates of the balances for the

preceding year, current year, and ensuing year.

6. The tax levy request for any funds levying taxes for the ensuing year.

7. The certificate of levy showing the amount levied for each fund and the total amount

levied.

8. The budget must be prepared on the same basis of accounting used by the county for

its annual financial reports.

9. The amount of cash reserve for the general fund and each special revenue fund, not to

exceed seventy-five percent of the appropriation for the fund. This subsection does not

apply to the cash reserve for the infrastructure development fund.

Auditor to prepare budget of county expenditures. (Effective after June 30, 2029)

The county auditor shall prepare an annual budget for the general fund, each special

revenue fund, and each debt service fund of the county in the form prescribed by the state

auditor. The budget must set forth specifically:

1. The detailed breakdown of the estimated revenues and appropriations requested for

each fund for the ensuing year.

2. The detailed breakdown of the revenues and expenditures for each fund for the

preceding year.

3. The detailed breakdown of estimated revenues and expenditures for each fund for the

current year.

4. The transfers in or out for each fund for the preceding year and the estimated transfers

in or out for the current year and the ensuing year.

5. The beginning and ending balance of each fund or estimates of the balances for the

preceding year, current year, and ensuing year.

6. The tax levy request for any funds levying taxes for the ensuing year.

7. The certificate of levy showing the amount levied for each fund and the total amount

levied.

8. The budget must be prepared on the same basis of accounting used by the county for

its annual financial reports.

9. The amount of cash reserve for the general fund and each special revenue fund, not to

exceed seventy-five percent of the appropriation for the fund.
N.D. Cent. Code § 11-09-34 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-34
11-09-34. Bonds of county officers
Status: in_force

11-09-34. Bonds of county officers

Before entering upon the duties of office, the county manager of a county adopting any form

of county managership shall furnish the county a bond in the penal sum of not less than ten

thousand dollars. In counties adopting a county manager form of government, the director of

finance shall furnish a bond in the penal sum of ten thousand dollars and if the county manager

serves as the director of finance, the manager shall furnish a bond in the amount of twenty

thousand dollars. The board of county commissioners may fix bonds in excess of these

amounts and may require bonds of other county officers.
N.D. Cent. Code § 11-09.2-02 — ND Code / Title 11 / Chapter 11-09.2 / Section 11-09.2-02
11-09.2-02. County lodging and restaurant tax - Imposition - Amount - Disposition
Status: in_force

11-09.2-02. County lodging and restaurant tax - Imposition - Amount - Disposition

In addition to the tax under section 11-09.2-01, the board of county commissioners of any

county, by ordinance, may impose a county tax, at a rate not to exceed one percent, upon the

gross receipts of retailers on the leasing or renting of hotel, motel, or other accommodations

within the county for periods of fewer than thirty consecutive calendar days or one month and

upon the gross receipts of a restaurant from any sales of prepared food or beverages, not

including alcoholic beverages for consumption off the premises where purchased, which are

subject to state sales taxes. For purposes of this section, "restaurant" means any place where

food is prepared and intended for individual portion service for consumption on or off the

premises and "prepared" includes heating prepackaged food. Accommodations, food, and

beverages may all, each, or in any combination be subject to the tax under this section, if all

items in any category which are taxable under state law are taxable, except as otherwise

provided in this section. The tax imposed under this section is in addition to state sales taxes on

rental accommodations and restaurant sales, and county lodging taxes under section
N.D. Cent. Code § 11-35-02 — ND Code / Title 11 / Chapter 11-35 / Section 11-35-02
11-35-02. Zoning of territory adjacent to cities
Status: in_force

11-35-02. Zoning of territory adjacent to cities

Until the organization of either a regional planning and zoning commission as provided in

section 11-35-01 or township zoning board or county zoning commission pursuant to sections

58-03-11 through 58-03-15 and chapter 11-33, respectively, any city that determines to use

zoning regulations has exclusive jurisdiction and power to zone over all land over which it has

authority to control subdivisions and platting of land as provided in section 40-48-18.
N.D. Cent. Code § 11-01-43 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-43
11-01-43. Sheridan County
Status: in_force

11-01-43. Sheridan County

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

seventy-eight west of the fifth principal meridian, a point on the eleventh standard parallel;

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

hundred forty-five north, range seventy-four west; thence north along the line between ranges

seventy-three and seventy-four west to the northeast corner of township one hundred forty-eight

north, range seventy-four 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

seventy-four west; thence continuing north along the line between ranges seventy-three and

seventy-four west to the northeast corner of township one hundred fifty north, range

seventy-four 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

seventy-seven west; thence south along the line between ranges seventy-seven and

seventy-eight west to the southwest corner of township one hundred forty-nine north, range

seventy-seven 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

seventy-eight west; thence south along the line between ranges seventy-eight and seventy-nine

west to the point of beginning.
N.D. Cent. Code § 11-08-10 — ND Code / Title 11 / Chapter 11-08 / Section 11-08-10
11-08-10. Sheriff or state's attorney of adjoining county may run for election - Term of office - Compensation
Status: in_force

11-08-10. Sheriff or state's attorney of adjoining county may run for election - Term of

office - Compensation.

The sheriff or the state's attorney, or both, of an adjoining county may run for election in a

county which has adopted the county consolidated office form of government. Any such officer

of an adjoining county so elected shall serve for a term of four years and until that officer's

successor is elected and qualified. An officer elected under this section is eligible to serve in

such dual capacity and must receive, in addition to the salary as an officer of the county of

residence, a sum not exceeding one-half of such salary, to be fixed by the board of county

commissioners. The additional salary must be paid by the county in the same manner as other

county officers are paid.
N.D. Cent. Code § 11-09-35 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-35
11-09-35. Schedule of compensation
Status: in_force

11-09-35. Schedule of compensation

The county manager of a county adopting any form of county managership shall establish a

schedule of compensation for officers and employees which shall provide uniform compensation

for like service. The schedule may establish a minimum and maximum for any class, and an

increase in compensation within the limits provided by any class may be granted at any time by

the county manager or other appointing authority upon the basis of efficiency and seniority

records.
N.D. Cent. Code § 11-11-53.1 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-53.1
11-11-53.1. Donation of historical artifacts
Status: in_force

11-11-53.1. Donation of historical artifacts

Any historical object or artifact given, donated, or otherwise acquired by a county historical

society, upon acceptance by the state historical society, may revert to the state historical society

if such local society should cease to function, exist, or no longer operate, unless the donor of

such object or artifact should attach other conditions to the gift or artifact. If the county historical

society should terminate its operations or should find that it no longer needs a historical object

or an artifact, such society may give or trade such object or artifact to any other county historical

society.
N.D. Cent. Code § 11-11-57.1 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-57.1
11-11-57.1. Funds available for predatory control
Status: in_force

11-11-57.1. Funds available for predatory control

In order to perform bird and animal control, boards of county commissioners are authorized

to make necessary expenditures from county special funds available for this purpose or from the

county general or contingent funds.
N.D. Cent. Code § 11-11-45 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-45
11-11-45. Judgments against counties - Power of board of county commissioners
Status: repealed

11-11-45. Judgments against counties - Power of board of county commissioners

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-15-25.1 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-25.1
11-15-25.1. Fees for transporting persons who have escaped or violated probation
Status: in_force

11-15-25.1. Fees for transporting persons who have escaped or violated probation

A sheriff or a sheriff's deputy shall receive the expenses incurred in the return of any person

who has escaped from a state facility. Those expenses must be paid in amounts as provided by

law for state officials, except that the mileage paid must be that regularly paid to the sheriff and

the sheriff's deputies. If the person to be returned is a prisoner of a state facility or is ordered

returned by a district court judge, the mileage and expenses must be paid by the state.
N.D. Cent. Code § 11-21-02 — ND Code / Title 11 / Chapter 11-21 / Section 11-21-02
11-21-02. Bond of public administrator - Conditions
Status: in_force

11-21-02. Bond of public administrator - Conditions

The bond of the public administrator shall run to the state of North Dakota for the benefit of

any party who may be damaged by a breach of the conditions thereof. Whether the bond is

issued by the state bonding fund or by a surety company, it shall guarantee that the public

administrator will:

1. Faithfully discharge all the duties of the office.

2. Account annually to the judge of the district court for all estates and property under the

public administrator's official control and care, or whenever required so to do by the

judge.

3. Turn over to the successor in office all property and estates in the public

administrator's official care and control, and truly account for the same.

4. Turn over all property and estates in the public administrator's official care and control

to any other administrator, executor, or guardian designated by the judge of the district

court, and truly account for the same.

5. Perform such other acts and duties properly relating to the office as may be ordered by

the district judge.

The bond shall be approved and endorsed as provided for administrators and executors.
N.D. Cent. Code § 11-28.1-09 — ND Code / Title 11 / Chapter 11-28.1 / Section 11-28.1-09
11-28.1-09. Confirmation of assessment list after hearing - Filing list
Status: in_force

11-28.1-09. Confirmation of assessment list after hearing - Filing list

The special assessment commission, after the hearing, shall confirm the list and attach

thereto its further certificate certifying that the list is correct as confirmed by it. The commission

thereafter shall file the assessment list in the office of the county auditor.
N.D. Cent. Code § 11-01-32 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-32
11-01-32. Mountrail County
Status: in_force

11-01-32. Mountrail County

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

ninety-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 eighty-eight west; thence north along the line between ranges

eighty-seven and eighty-eight west to the northeast corner of township one hundred fifty-two

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

and eighty-eight west to the northeast corner of township one hundred fifty-six north, range

eighty-eight 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

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

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

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

hundred fifty-nine north to the northwest corner of township one hundred fifty-eight north, range

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

the southwest corner of township one hundred fifty-seven north, range ninety-four 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 ninety-four west; thence

continuing south along the line between ranges ninety-four and ninety-five west to the main

channel of the Missouri River; thence in a southeasterly direction along the main channel of the

Missouri River to the point where the line between ranges ninety-one and ninety-two west

intersects the main channel of the Missouri River; thence north along the line between ranges

ninety-one and ninety-two west to the point of beginning.
N.D. Cent. Code § 11-09.1-02 — ND Code / Title 11 / Chapter 11-09.1 / Section 11-09.1-02
11-09.1-02. Charter commission - Membership - Preparation and submission of charter - Compensation and expenses - Publication
Status: in_force

11-09.1-02. Charter commission - Membership - Preparation and submission of

charter - Compensation and expenses - Publication.

Within sixty days after proceedings have been initiated for a home rule charter, the board of

county commissioners shall appoint a charter commission, comprised of at least five members,

to draft the charter, unless a petition proposing a charter pursuant to section 11-09.1-01

prescribes the composition of the commission or the manner by which the composition of the

commission is to be determined. The board shall designate one of the charter commission

members as chairman of the charter commission. The board shall set the compensation and

expenses of charter commission members. Actual expenses incurred by charter commission

members may be reimbursed at the official reimbursement rates of the appointing authority. The

board, from its general funds, may furnish the charter commission with office space, clerical

help, supplies, and legal and other assistance. The charter commission shall hold at least one

public hearing on the proposed charter and may use other suitable means to disseminate

information, receive suggestions and comments, and encourage public discussion of the

proposed charter. The commission shall prepare and submit the charter to the board of county

commissioners within one year after appointment, unless the board allows additional time for

submission of the charter. The charter must contain a list of county offices to be elected and any

elected offices that will be eliminated or combined if the charter is adopted. The board of county

commissioners shall publish the proposed charter once in the official newspaper of the county.
N.D. Cent. Code § 11-11-41 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-41
11-11-41. Notice
Status: in_force

11-11-41. Notice

If the decision from which an appeal is taken relates to tax refunds, tax abatements, or other

matters relating to taxation, in addition to the notice of appeal required by section 28-34-01, a

notice of appeal also must be served by registered mail upon the state tax commissioner.
N.D. Cent. Code § 11-20-11 — ND Code / Title 11 / Chapter 11-20 / Section 11-20-11
11-20-11. What surveys shall be recorded
Status: in_force

11-20-11. What surveys shall be recorded

The county surveyor shall record in a suitable book which the surveyor shall provide at the

expense of the county all surveys for permanent purposes made by the surveyor and the

surveyor's deputies, except surveys for township highways.
N.D. Cent. Code § 11-05-21 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-21
11-05-21. Compensation of commissioners of petitioning county - Vacancy not to be filled
Status: repealed

11-05-21. Compensation of commissioners of petitioning county - Vacancy not to be

filled.

Repealed by S.L. 1993, ch. 401, § 53.
N.D. Cent. Code § 11-11-09 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-09
11-11-09. County seal
Status: in_force

11-11-09. County seal

The board of county commissioners shall procure and keep a seal with such emblems and

devices as it may think proper, which shall be the seal of the county, and no other seal shall be

used by the county auditor. The impression of the seal shall be sufficient sealing in all cases

when sealing is required.
N.D. Cent. Code § 11-11-69 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-69
11-11-69. Cooperative purchasing - Authorized
Status: in_force

11-11-69. Cooperative purchasing - Authorized

With the approval of the board of county commissioners, a county may participate in

cooperative purchasing agreements with the state, or another political subdivision of this state

or any other state, by executing a joint-powers agreement under chapter 54-40.3.
N.D. Cent. Code § 11-15-12 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-12
11-15-12. Sheriff's mileage
Status: in_force

11-15-12. Sheriff's mileage

A sheriff or deputy, for each mile [1.61 kilometers] actually and necessarily traveled within

this state in the performance of official duties, is entitled to reimbursement for mileage expenses

in accordance with section 11-10-15.
N.D. Cent. Code § 11-33.2-07 — ND Code / Title 11 / Chapter 11-33.2 / Section 11-33.2-07
11-33.2-07. Separate hearings
Status: in_force

11-33.2-07. Separate hearings

Any person aggrieved by any provision of a resolution adopted hereunder, or any

amendment thereto, may, within thirty days after the first publication of the notice of adoption of

the resolution or amendment, petition for a separate hearing before the board of county

commissioners. The petition shall be in writing and shall specify in detail the ground or grounds

of objection. The petition shall be filed with the county auditor. A hearing on the petition shall be

held by the board no sooner than seven days, nor later than thirty days after the filing of the

petition with the county auditor, who shall notify the petitioner of the time and place of the

hearing. At this hearing, the board of county commissioners shall consider the matter

complained of and shall notify the petitioner, by registered or certified mail, what action, if any, it

proposes to take. The board of county commissioners, at its next regular meeting, shall either

rescind or affirm the resolution or amendment. The provisions of this section shall not operate to

curtail or exclude the exercise of any other rights or powers of the board of county

commissioners or of any citizen.
N.D. Cent. Code § 11-11-55.1 — ND Code / Title 11 / Chapter 11-11 / Section 11-11-55.1
11-11-55.1. Petition or resolution for improvements - Levy of special assessments - Levy of infrastructure fee
Status: in_force

11-11-55.1. Petition or resolution for improvements - Levy of special assessments -

Levy of infrastructure fee.

1. The board of county commissioners of any county, by resolution or upon receipt of a

petition of sixty percent of the landowners in a defined area, outside of the limits of any

incorporated city, may install the petitioned improvements as benefit the defined area,

provide for the financing of the improvements, and levy special assessments for the

payment of all or part of the improvements within the defined area.

2. The board of county commissioners, by resolution or upon petition of sixty percent of

the qualified electors who voted in the last general election in a defined area, may levy

and collect an infrastructure fee in lieu of general special assessments on all

residential and commercial county utility bills for payment of 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.

3. In providing for the improvements, the county shall have the authority granted to

municipalities in chapters 40-22, 40-23, 40-23.1, 40-24, 40-25, 40-26, 40-27, and

40-28, and the county shall comply with the provisions of those chapters in making the

improvements. Whenever action is required of city officials in those chapters, the

comparable county officials shall take the action.

4. As used in this section:

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.
N.D. Cent. Code § 11-18-18 — ND Code / Title 11 / Chapter 11-18 / Section 11-18-18
11-18-18. Request of exact location from owner of facilities - Owner to provide location information
Status: repealed

11-18-18. Request of exact location from owner of facilities - Owner to provide

location information.

Repealed by S.L. 1995, ch. 455, § 8.
N.D. Cent. Code § 11-10-15 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-15
11-10-15. Mileage of officials and employees
Status: in_force

11-10-15. Mileage of officials and employees

Unless otherwise provided by the laws of this state, every county official, whether elective or

appointive, every deputy of a county official, and any county employee entitled by law to travel

or mileage expense is entitled to mileage expenses of at least the amount allowed state officers

and employees under section 54-06-09 for each mile [1.61 kilometers] actually and necessarily

traveled in the performance of official duties.
N.D. Cent. Code § 11-13-07 — ND Code / Title 11 / Chapter 11-13 / Section 11-13-07
11-13-07. County auditor to keep tax deed record
Status: in_force

11-13-07. County auditor to keep tax deed record

The county auditor shall keep a record to be known as the tax deed record in which the

auditor shall enter a description of the land foreclosed for unsatisfied tax lien, the date when the

notice of foreclosure of tax lien was issued, the date and description of the return of service of

such notice, and the date when the tax deed is issued.
N.D. Cent. Code § 11-28.1-10 — ND Code / Title 11 / Chapter 11-28.1 / Section 11-28.1-10
11-28.1-10. Publication of notice of confirmation of assessment list and meeting for action upon assessments
Status: in_force

11-28.1-10. Publication of notice of confirmation of assessment list and meeting for

action upon assessments.

The county auditor shall publish at least once in the official newspaper of the county a

notice stating that the assessment list has been confirmed by the special assessment

commission and filed in the auditor's office and is open to public inspection. The notice also

shall state the time when and the place where the board of county commissioners will act upon

such assessment list. The assessment list shall be acted upon by the board of county

commissioners at a regular or special meeting occurring more than fifteen days after the

publication of such notice.
N.D. Cent. Code § 11-28-20 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-20
11-28-20. Violation of rules - Penalty
Status: repealed

11-28-20. Violation of rules - Penalty

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-16-02 — ND Code / Title 11 / Chapter 11-16 / Section 11-16-02
11-16-02. Assistant - Appointment - Duties
Status: in_force

11-16-02. Assistant - Appointment - Duties

The state's attorney may appoint assistant state's attorneys, who, when qualified by filing

the required oath of office, shall have the same powers as, and shall perform any and all duties

required of, the state's attorney. The state's attorney is responsible, under the state's attorney's

official bond, for any and all acts of such assistant. The work of an assistant state's attorney

must be assigned by the state's attorney.
N.D. Cent. Code § 11-01-21 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-21
11-01-21. Griggs County
Status: in_force

11-01-21. Griggs County

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

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-eight west; thence north along the line between ranges fifty-seven

and fifty-eight west to the northeast corner of township one hundred forty-four north, range

fifty-eight 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-eight west; thence continuing north along the line between ranges fifty-seven and fifty-eight

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

along the line between ranges sixty-one and sixty-two west to the southwest corner of township

one hundred forty-five north, range sixty-one 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 sixty-one west; thence continuing south along the line between

ranges sixty-one and sixty-two west to the point of beginning.
N.D. Cent. Code § 11-28.2-03 — ND Code / Title 11 / Chapter 11-28.2 / Section 11-28.2-03
11-28.2-03. Qualifications of voters and commissioners
Status: in_force

11-28.2-03. Qualifications of voters and commissioners

In order that there may be a fair representation of property owners and residents of the

recreation service district, a person eighteen years of age and older may qualify as a voter for

purposes of this chapter by presenting adequate proof or by signing a proper affidavit that the

person qualifies by either one of the following methods:

1. That the person is a resident of the county for all other purposes of voting and

maintains a permanent residence within the recreation service district.

2. That the person owns real property within the recreation service district. If there is

more than one owner of such real property, each shall be entitled to one vote.

It is the intent of this section that all persons who shall be affected by the provisions of this

chapter shall be allowed to have a voice or vote.
N.D. Cent. Code § 11-33-18 — ND Code / Title 11 / Chapter 11-33 / Section 11-33-18
11-33-18. Power of board of county commissioners to issue permits - Notification of director of the department of transportation - Power of board to appropriate money
Status: in_force

11-33-18. Power of board of county commissioners to issue permits - Notification of

director of the department of transportation - Power of board to appropriate money.

1. The board of county commissioners may authorize and provide for the issuance of

permits as a prerequisite to construction, erection, reconstruction, alteration, repair, or

enlargement of any building or structure otherwise subject to this chapter.

2. If a board of county commissioners provides for the issuance of permits, the board

shall require the applicant to state whether the structure is reasonably anticipated to

have a significant impact on the transportation system. A structure is deemed to have

significant impact on the transportation system if, over a period of one year, it will have

an average daily usage of at least twenty-five motor vehicles whose gross weight

exceeds sixty thousand pounds [27215.54 kilograms]. The board shall require that, if

the structure will have a significant impact on the transportation system, the director of

the department of transportation be notified and be given an opportunity to comment

on the application. However, approval of the director of the department of

transportation of the proposed structure is not required.

3. The board may establish and collect reasonable fees for permits issued under this

section. The fees so collected must be credited to the general fund of the county.

4. The board of county commissioners may appropriate, out of the general funds of the

county, such moneys as may be necessary for the purposes of this chapter.
N.D. Cent. Code § 11-30-20 — ND Code / Title 11 / Chapter 11-30 / Section 11-30-20
11-30-20. Trial of criminal cases after disorganization
Status: in_force

11-30-20. Trial of criminal cases after disorganization

All criminal cases transferred from a disorganized county to an adjoining organized county

shall be tried by a jury drawn in the manner provided by the laws of this state from the qualified

jurors residing within the limits of the territory which had constituted the disorganized county

unless the defendant in any such criminal case shall consent to be tried by a jury of the

adjoining organized county to which the disorganized county is attached for judicial purposes.
N.D. Cent. Code § 11-22-01 — ND Code / Title 11 / Chapter 11-22 / Section 11-22-01
11-22-01. Sheriff, clerk of court, public administrator may deposit funds entrusted to them with county treasurer
Status: in_force

11-22-01. Sheriff, clerk of court, public administrator may deposit funds entrusted to

them with county treasurer.

Any and all funds, other than fees and taxes, received by any sheriff, ex officio clerk of the

district court, or public administrator by virtue of the office may be paid over and delivered to the

treasurer of the county. Upon the delivery of the money to the treasurer, the officer depositing

the same shall be absolved from all liability for the safekeeping of the funds.
N.D. Cent. Code § 11-31-01 — ND Code / Title 11 / Chapter 11-31 / Section 11-31-01
11-31-01. County highway engineer
Status: in_force

11-31-01. County highway engineer

The board of county commissioners of any county in this state may at the discretion of the

board employ a qualified county highway engineer at any time or the office of county highway

engineer may be created in any county in this state by an election duly held.
N.D. Cent. Code § 11-24-06 — ND Code / Title 11 / Chapter 11-24 / Section 11-24-06
11-24-06. Board may replace copies of plats and descriptions - Copies of new plats made
Status: in_force

11-24-06. Board may replace copies of plats and descriptions - Copies of new plats

made.

The board of county commissioners may replace from time to time any of the prints and

typewritten sheets which have become mutilated or worn out and may cause to be made prints

and typewritten descriptions of all new plats and plans that are filed with the recorder.
N.D. Cent. Code § 11-05-04 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-04
11-05-04. Notice of election - How given
Status: in_force

11-05-04. Notice of election - How given

The county auditor of each of the counties affected shall publish once each week for at least

two consecutive weeks prior to the election in the official newspaper of the county a notice

giving the date of the primary election, the hours during which the polls will be opened, a

reference to the notice of the primary election for a statement of the places where the election

will be held, the names of the counties affected, and a fair and accurate summary of the

consolidation plan. The notice must state that the proposition to be voted upon will be:

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?
N.D. Cent. Code § 11-05-02 — ND Code / Title 11 / Chapter 11-05 / Section 11-05-02
11-05-02. Board of county commissioners to submit consolidation plan to electorate
Status: in_force

11-05-02. Board of county commissioners to submit consolidation plan to electorate

If a county consolidation plan is submitted to two or more boards of county commissioners

pursuant to chapter 11-05.1, each board of county commissioners shall submit the question of

consolidation to the qualified electors of the county at a primary election as specified by the

county consolidation committee in conjunction with the election held in any other counties

proposed to be affected by the plan.
N.D. Cent. Code § 11-10-31 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-31
11-10-31. Addition of penalty to traffic signs - Requirements
Status: in_force

11-10-31. Addition of penalty to traffic signs - Requirements

1. The department of transportation shall allow a county, city, or township to affix to any

traffic sign prohibiting engine brakes and signifying that a vehicle noise ordinance is

enforced and the amount of the penalty for violation of an offense corresponding with

the purpose of the sign.

2. A county, city, or township may affix the amount of the penalty to a traffic sign under

subsection 1 only if the:

a. County, city, or township has adopted an ordinance indicating a traffic offense;

b. Ordinance states the penalty for violation of the offense;

c. Ordinance is actively being enforced;

d. Department of transportation procures the sign for the county, city, or township;

and

e. County, city, or township covers or reimburses the department of transportation all

labor, equipment, and material costs related to the installation of the sign.

3. The penalty sign must be uniform in size and text in relation to the traffic sign to which

it is affixed and in compliance with the manual on uniform traffic control devices.

4. This section applies only to state highways within a county, city, or township.
N.D. Cent. Code § 11-10-12 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-12
11-10-12. Deputy county officials - Bonds
Status: in_force

11-10-12. Deputy county officials - Bonds

Any county official may require that official's deputy to be bonded for the faithful

performance of the deputy's duties in an amount to be fixed by the board of county

commissioners. A bond of a deputy shall be issued, and the premium thereon paid, in the same

manner as in the case of a county official.
N.D. Cent. Code § 11-10-25 — ND Code / Title 11 / Chapter 11-10 / Section 11-10-25
11-10-25. Nepotism by county officials restricted
Status: in_force

11-10-25. Nepotism by county officials restricted

No head of any executive or administrative department or agency, either elective or

appointive, of any county in this state, may appoint that official's spouse, son, daughter, brother,

or sister to any position under the control or direction of that official, unless the appointment has

been previously approved by resolution of the board of county commissioners.
N.D. Cent. Code § 11-25-01 — ND Code / Title 11 / Chapter 11-25 / Section 11-25-01
11-25-01. Warrants - How signed, attested, numbered, and registered
Status: in_force

11-25-01. Warrants - How signed, attested, numbered, and registered

All warrants upon the county treasurer for claims against the county shall be issued by the

county auditor upon the authority of properly audited and allowed claims or orders of the board

of county commissioners. Approval by the board of county commissioners shall be recorded in

the record of its proceedings and this shall be sufficient to indicate approval without requiring a

majority of the board to sign or initial the vouchers or orders for payment. Each warrant shall be

so drawn that when signed by the treasurer in an appropriate place, it becomes a check on the

county depository. No warrant upon the treasurer shall be delivered or mailed to the payee or

payee's agent or representative until such warrant has been signed by the treasurer and

entered on the treasurer's books as a check drawn on a bank depository. Warrants for salaries

of county officers and county employees may be drawn by the county auditor from time to time

as such salaries become due and payable. The county auditor shall draw all other warrants or

orders upon the county treasurer for the payment of moneys upon the authority and for the

purposes specifically provided by law. All warrants issued by the county auditor shall be

numbered consecutively or in separate series by funds. The number, date, and amount of each

warrant and the name of the person to whom payable and the fund upon which drawn shall be

stated therein. Warrants shall be signed by the county auditor and at the time they are issued

shall be registered by the auditor in a book kept for that purpose.
N.D. Cent. Code § 11-15-25 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-25
11-15-25. Fees for transporting persons committed to custody of department of corrections and rehabilitation or state hospital
Status: in_force

11-15-25. Fees for transporting persons committed to custody of department of

corrections and rehabilitation or state hospital.

A sheriff or the sheriff's deputy shall receive for transporting persons committed to the

custody of the department of corrections and rehabilitation or to the state hospital the mileage

prescribed in this chapter. The sheriff or deputy shall utilize the least expensive method of

transportation, and the mileage allowed must be based only upon the use of the least expensive

method of transportation and may be paid only after the filing with the county auditor of an

itemized statement verified by affidavit showing the mileage traveled, the manner in which

traveled, the days traveled, and the purpose of the travel and showing that the method of travel

was the least expensive method of transportation. The county auditor shall submit the statement

and affidavit to the board of county commissioners. The county auditor may not pay the claim

until the claim is approved by the board.
N.D. Cent. Code § 11-10.3-01 — ND Code / Title 11 / Chapter 11-10.3 / Section 11-10.3-01
11-10.3-01. Multicounty combination of elective offices
Status: in_force

11-10.3-01. Multicounty combination of elective offices

1. A county may combine any county elective office with one or more elective offices of

one or more other counties for the purpose of sharing that combined office for the

performance of functions and the provision of services among those counties. The

procedures set forth in this chapter apply to the combination, unless a specific

procedure for combining particular elective county offices is otherwise provided by law.

2. A proposal for combining county elective offices may be accomplished:

a. By the boards of county commissioners of each affected county by entering into a

joint powers agreement incorporating a plan for the office combination, subject to

the right of referendum in the electors of each of the counties; or

b. By initiative of the electors of each affected county. A petition 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 may be submitted to the

boards of county commissioners of each county, calling upon the boards to

submit to the electors the question of adopting a plan described in, or annexed to,

the petition.

3. A joint powers agreement entered into between counties for combining the functions of

any county elective office pursuant to subdivision a of subsection 2 may be referred to

the qualified electors of an affected county by a petition protesting the agreement. The

petition must be signed by ten percent or more of the total number of qualified electors

of the county voting for governor at the most recent gubernatorial election, and filed

with the county auditor, or functional equivalent of that office, before four p.m. on the

thirtieth day after the agreement is adopted. Within ten days after the filing of the

petition, the county auditor shall examine the petition and ascertain from the voter list

whether the petition contains the signatures of a sufficient number of qualified electors.

Any insufficiencies may be cured by the filing of an amended petition within ten days

after the county auditor declares the insufficiency. The implementation of the terms of

the joint powers agreement is suspended upon a determination by the county auditor

that the petition was timely filed and contains the signatures of a sufficient number of

qualified electors. The board of county commissioners shall reconsider the referred

agreement and, if the board does not terminate the agreement in its entirety, shall

submit the question to a vote of the qualified electors of the county at the next regular

election. The county auditor shall cause the complete text of the agreement to be

published in the official newspaper of the county, not less than two weeks nor more

than thirty days, before the date of the election. The boards of county commissioners

may, prior to the election, hold public hearings and community forums and use other

suitable means to disseminate information, receive suggestions and comments, and

encourage public discussion of the purpose and provisions of the plan. If a majority of

the qualified electors voting on the question in the county approve the question, the

plan incorporated in the agreement is effective and becomes operative according to

the terms of the agreement as if the agreement had not been suspended. If the

electors of either county do not approve the question, the plan does not become

effective.

4. The question of combination of the functions of elective county offices brought by

petition pursuant to subdivision b of subsection 2 must be submitted by the boards of

county commissioners to the electors in each of the affected counties at a primary or

general election not less than sixty days nor more than two years, as specified in the

petition, after the petition is determined sufficient by each board. The question on the

ballot at the election must be framed in a manner that fairly and accurately describes

the substance of the proposed office-sharing arrangement. The board of county

commissioners in each affected county shall cause the complete text of the proposed

plan for combining offices to be published in the official newspaper of the county, at

least once during two different weeks within the thirty-day period immediately

preceding the date of the election. The boards of county commissioners may, prior to

the election, hold public hearings and community forums and use other suitable means

to disseminate information, receive suggestions and comments, and encourage public

discussion of the purpose and provisions of the plan. If a majority of the qualified

electors of each county voting on the question approves of its adoption, the plan is

effective according to its terms.

5. One copy of the plan as approved must be filed with the district court for each county

and one with each county auditor or functional equivalent to remain as a part of each

county's permanent records. The boards of county commissioners may take any action

necessary to bring about an orderly transition in implementation of the plan.

6. A plan, or part of a plan, adopted pursuant to this chapter may be revised or

terminated through another joint powers agreement or petition submitted pursuant to

the procedure set forth in this chapter for adopting a plan, or pursuant to provisions for

termination or revision provided in the original joint powers agreement.
N.D. Cent. Code § 11-12-02 — ND Code / Title 11 / Chapter 11-12 / Section 11-12-02
11-12-02. Notice of election - How given
Status: in_force

11-12-02. Notice of election - How given

Notice of an election on the question of increasing or decreasing the number of county

commissioners shall be given in the notice of election prescribed by section 16.1-13-05.
N.D. Cent. Code § 11-14-01 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-01
11-14-01. Treasurer eligible two terms only
Status: repealed

11-14-01. Treasurer eligible two terms only

Repealed by omission from this code.
N.D. Cent. Code § 11-21-04.1 — ND Code / Title 11 / Chapter 11-21 / Section 11-21-04.1
11-21-04.1. Liability coverage for public administrators
Status: in_force

11-21-04.1. Liability coverage for public administrators

[Expired under S.L. 2015, ch. 94, § 2]
N.D. Cent. Code § 11-27-05 — ND Code / Title 11 / Chapter 11-27 / Section 11-27-05
11-27-05. Drilling or mining leases by county
Status: reserved

11-27-05. Drilling or mining leases by county

The county, acting by and through the board of county commissioners, may join with the

other owner or owners of the mineral rights in any lands in which an interest in such rights has

been reserved by the county in making any standard or reasonable contract for the drilling,

mining, or production of oil, gas, and minerals upon a royalty basis.
N.D. Cent. Code § 11-04-03 — ND Code / Title 11 / Chapter 11-04 / Section 11-04-03
11-04-03. General election on question of permanent location of county seat
Status: in_force

11-04-03. General election on question of permanent location of county seat

The two sites or places receiving the highest number of votes at the primary election, and

only such two, shall be placed on the official ballot at the first following general election. The city

or unincorporated townsite receiving the higher number of votes cast for the county seat

location at such general election shall be designated the county seat.
N.D. Cent. Code § 11-33-12 — ND Code / Title 11 / Chapter 11-33 / Section 11-33-12
11-33-12. Appeals to district court
Status: in_force

11-33-12. Appeals to district court

Any person, or persons, jointly or severally, aggrieved by a decision of the board of county

commissioners under this chapter, may appeal to the district court in the manner provided in

section 28-34-01.
N.D. Cent. Code § 11-15-23 — ND Code / Title 11 / Chapter 11-15 / Section 11-15-23
11-15-23. Liability of sheriff for appropriating deputy's salary
Status: repealed

11-15-23. Liability of sheriff for appropriating deputy's salary

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 11-28-22 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-22
11-28-22. Declaration of power
Status: repealed

11-28-22. Declaration of power

Repealed by S.L. 2015, ch. 439, § 104.
N.D. Cent. Code § 11-01-06 — ND Code / Title 11 / Chapter 11-01 / Section 11-01-06
11-01-06. Bottineau County
Status: in_force

11-01-06. Bottineau County

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

eighty-three west of the fifth principal meridian; thence east along the line between townships

one hundred fifty-eight and one hundred fifty-nine north to the southeast corner of township one

hundred fifty-nine north, range eighty-one west; thence north along the line between ranges

eighty and eighty-one west to the southwest corner of township one hundred sixty north, range

eighty west; thence east along the line between townships one hundred fifty-nine and one

hundred sixty north to the southeast corner of township one hundred sixty north, range

seventy-six west; thence south along the line between ranges seventy-five and seventy-six west

to the southwest corner of township one hundred fifty-nine north, range seventy-five west;

thence east along the line between townships one hundred fifty-eight and one hundred fifty-nine

north to the southeast corner of township one hundred fifty-nine north, range seventy-four west;

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

northeast corner of township one hundred sixty north, range seventy-four west, a point on the

fifteenth standard parallel; thence west along the fifteenth standard parallel to the southeast

corner of township one hundred sixty-one north, range seventy-four west; thence continuing

north along the line between ranges seventy-three and seventy-four west to the international

boundary line between the United States and Canada; thence west along the international

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

the line between ranges eighty-three and eighty-four west to the southwest corner of township

one hundred sixty-one north, range eighty-three west, a point on the fifteenth standard parallel;

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

hundred sixty north, range eighty-three west; thence continuing south along the line between

ranges eighty-three and eighty-four west to the point of beginning.
N.D. Cent. Code § 11-28-11 — ND Code / Title 11 / Chapter 11-28 / Section 11-28-11
11-28-11. Declaration of power - Saving clause
Status: in_force

11-28-11. Declaration of power - Saving clause

It is the purpose of sections 11-28-01 through 11-28-11, among other things, to ensure to

the people of the state that the bodies of water, parks, and recreational areas created by public

agencies in whole or in part with public funds for the use and enjoyment of the public shall not

be made the source of private gain through means inconsistent with the best social uses of the

same, and to that end the above-named sections shall be liberally construed. The provisions of

sections 11-28-01 through 11-28-11 relating to the manner in which these objectives are to be

accomplished do not form an inducement for its enactment. The powers herein granted to the

board over private lands shall extend only so far as not prohibited by the state or federal

constitutions. Should any word, sentence, paragraph, or section hereof be held to be

unconstitutional, or should the exercise of any of the powers herein granted be in any particular

circumstances in violation of either the state or federal constitution, the remaining provisions

would have been enacted even though such provisions had been eliminated, hence invalidity of

any part of sections 11-28-01 through 11-28-11 shall not affect the remainder of these sections,

but the same shall continue to be in full force and effect as to all other provisions and all other

circumstances within the limits of the constitution.
N.D. Cent. Code § 11-14-03 — ND Code / Title 11 / Chapter 11-14 / Section 11-14-03
11-14-03. Additional bond may be required of treasurer
Status: in_force

11-14-03. Additional bond may be required of treasurer

Whenever the county treasurer has furnished a bond by personal sureties or by a surety

company, the board of county commissioners may require the treasurer to give an additional

bond, or additional sureties if, in the opinion of a majority of the commissioners, the existing

security shall have become insufficient. The board may demand and receive from the county

treasurer an additional bond, with good and sufficient security, in such sum as it may direct,

whenever, in its opinion, more money shall have passed or is about to pass into the hands of

the treasurer than is covered by the penalty in the previous bond. The giving of an additional

bond or of additional sureties on an existing bond shall not invalidate any previous bond or

bonds, nor discharge the sureties from any liability thereon.
N.D. Cent. Code § 11-09-43 — ND Code / Title 11 / Chapter 11-09 / Section 11-09-43
11-09-43. Books of officers, manager, director of finance audited
Status: in_force

11-09-43. Books of officers, manager, director of finance audited

The board of county commissioners of a county adopting any form of county managership

shall require an annual audit of the books of every county officer who handles public funds to be

made by an accountant who is not a regular officer or employee of the county and who is

thoroughly qualified by training and experience. Any audit service provided by the state, whether

at the expense of the state or the county, shall satisfy the requirements of this section. Either the

board of county commissioners or the county manager, at any time, may order an examination

or audit of the accounts of any officer or department of the county government. Upon the death,

resignation, removal, or expiration of the term of office of any officer of the county, the county

manager, or the director of finance in a county adopting a county manager form of government,

shall cause to be made an audit and investigation of the accounts of such officer and shall

report the result thereof to the board of county commissioners or if the audit is made by the

director of finance, to the county manager and the board of county commissioners. In case of

the death, resignation, or removal of the county manager or the director of finance, the board of

county commissioners shall cause an audit of that officer's accounts to be made. If, as a result

of any such audit, an officer is found indebted to the county, the board of county commissioners

shall proceed to collect such indebtedness forthwith.