58-01-01. Township defined.

Whenever in this title the word “township” is used without any other descriptive word or phrase, a civil township is referred to without regard to the number of congressional townships incorporated therein.

58-01-01.1. Freeholder defined.

As used in this title, unless the context or subject matter requires otherwise, “freeholder” means the legal title owner of the surface estate in real property.

58-01-02. Territory in city not subject to provisions of title.

Nothing contained in this title applies in any way to any portion of the state which is embraced within the limits of any incorporated city.

58-01-03. Conveyance to township — If for benefit of inhabitant need not be in township name.

Each conveyance of land within the limits of a township made in any manner for the use or benefit of its inhabitants has the same effect as if made to the township by name.

58-01-04. Presumption of regular enactment, adoption, or amendment of bylaws, resolutions, or regulations.

Three years after enactment or amendment of township bylaws or adoption or amendment of township resolutions or regulations it is conclusively presumed that the bylaws, resolutions, or regulations were enacted, adopted, or amended as required by law.

58-02-01. Organization of township — Petition — Election.

If twenty-five percent of the qualified electors who voted for governor in the last general election of a congressional township which has taxable valuation of more than twenty thousand dollars and which contains twenty-five or more qualified electors petition the board of county commissioners for the organization of the congressional township into a civil township, the board of county commissioners shall then submit the question whether said township shall be organized to the qualified electors in the congressional township. If twenty-five percent of the qualified electors who voted for governor in the last general election of two or more neighboring congressional townships which have an aggregate taxable valuation of more than twenty thousand dollars and which contain an aggregate of twenty-five or more qualified electors petition the board of county commissioners for the organization of the congressional townships into a civil township, the board of county commissioners shall then submit the question whether said township shall be organized to the qualified electors in the congressional townships. Thirty days’ published notice in at least one newspaper of general circulation in the township must be given of the election. The board of county commissioners shall appoint the election officials necessary for the election. If a majority of the votes cast approve of organization, the township must then be organized, and if the petitions filed for organization did not designate a name, the board of county commissioners shall select one.

58-02-02. Commissioners report to county auditor.

The board of county commissioners shall make and file a full report with the county auditor in relation to all its proceedings in the establishment of a civil township.

58-02-03. Name of township.

A township must be named in accordance with the expressed wish of a majority of the legal voters residing therein. If the legal voters fail to designate a name, the board of county commissioners may select one.

58-02-04. County auditor transmits name and report to state auditor. [Repealed]

Repealed by S.L. 1987, ch. 262, § 3.

58-02-05. Duty of state auditor when similar names are adopted by different townships. [Repealed]

Repealed by S.L. 1987, ch. 262, § 3.

58-02-06. First township meeting.

The first township meeting of a newly organized township must be held within twenty days after the township is organized at a time and place designated by the board of county commissioners. Notice of the time and place of the meeting must be prepared by the board. The sheriff shall post such notice in the township not less than ten days before the day set for the meeting.

58-02-07. Changing boundary lines of township.

The boundary lines of an organized township may be changed only in the manner provided in this chapter.

58-02-08. Fractional township — Annexing to another township.

The board of county commissioners may attach a fractional congressional township to an adjoining township within the same county or divide it between two or more townships within the same county upon the petition of a majority of the qualified electors to be affected.

58-02-09. Annexing parts of township divided by river from rest of township.

If rivers, lakes, or creeks divide a civil or congressional township and make it inconvenient to do township business, the board of county commissioners of the county in which the township is located may annex that part of the township segregated by such river, lake, or creek to an adjoining township in the same county upon the petition of not less than two-thirds of the qualified electors residing in the part of the township so segregated.

58-02-10. Division of township in which there are two or more cities.

The board of county commissioners may divide a township in which there are two or more cities, each containing two hundred or more inhabitants, upon the petition of a majority of the qualified electors to be affected. If the division is ordered, it must be made in the manner best suited to the convenience of the territory concerned.

58-02-11. Uniting congressional townships into civil townships.

The board of county commissioners may unite two or more congressional townships into one civil township or may add not more than three congressional townships to any congressional township already organized as a civil township when petitioned to do so by a majority of the qualified electors to be affected.

58-02-12. Notice to board of supervisors when change is made in township boundaries.

Before any change is made in the boundaries of a civil township, twenty days’ notice of such proposed change must be given to the chairman of the board of supervisors of such township.

58-02-13. Obligation to pay taxes assessed or indebtedness incurred prior to township alteration continues.

Property which has been detached from an organized civil township under any provision of this chapter remains liable for and subject to any tax levied or assessed in the township of which it was a part prior to such detachment. A portion of any township annexed to another township and a city separated from a civil township of which it was a part shall not be released or discharged from the payment of any bonded or other indebtedness that may have existed against the township from which it was detached or separated.

58-02-14. Consolidating townships — Majority of supervisors and clerks of townships affected determine amount due.

When a township or a fraction of a township has been attached to another township, the several boards of township supervisors and the clerks of the townships affected by the change shall meet prior to the annual township meeting at the usual meeting place of the township to which the annexation has been made or at a location mutually agreed upon in the township to which the annexation has been made or in an adjacent township, and upon notice of such meeting given by the clerk thereof, for the purpose of determining the amount due to the township to which the annexation has been made. All questions arising at such meeting must be determined by a majority vote of the members of the boards of township supervisors and the clerks present at such meeting.

58-02-15. Determination of assets and liabilities of territory detached from one civil township and attached to another.

When a fraction of a township has been detached from one organized township and attached to another, the detached territory shall assume and pay a just proportion of the indebtedness of the township from which it has been detached, based upon the last assessed valuation of the original civil township and in the proportion that the valuation of the detached portion bears to the valuation within the whole of the township from which it has been detached. At the meeting described in section 58-02-14, the members of the boards of township supervisors and the township clerks there present shall ascertain, as near as may be, the total outstanding indebtedness of the original township, as of the date upon which the detachment became effective, and the amount of township assets which shall remain with the original township after the detachment, and the amount of the assets which must be paid over to the detached portion of such township and to the civil township to which such detached territory has been attached. Such determination must be based upon the last assessed valuation of the original township as provided in this section.

58-02-16. Determination of net assets of township to which territory is annexed and of annexed territory.

At the meeting described in section 58-02-14, the members of the boards of township supervisors and the township clerks there present shall determine the value of the townhall and of all other property owned and used by the township to which the new territory has been annexed and the value of the property of the township or fraction of a township which has been annexed thereto, and shall compute the amount of moneys in the township treasury and of moneys due to the township to which the new territory has been annexed and to the township or fraction of a township annexed thereto, from the county and from other sources, and the amount of back or unpaid taxes due to the township to which the new territory has been annexed and due to and receivable by the township or fraction of a township annexed thereto, to determine the gross assets of the territories involved. They shall compute the amount of all bonds and debts which constitute the legal liabilities of the township to which the territory is annexed, and the difference between the gross assets and the liabilities constitutes the net assets or the net liabilities of such township for use in determining the pro rata amount, if any, due from the annexed territory.

58-02-17. Determination of pro rata amount due from annexed territory.

The members of the boards of township supervisors and the township clerks present at the meeting provided for in section 58-02-14 shall determine the amount due from the annexed territory to the township to which it has been annexed by taking into account the assets and liabilities of the township to which the new territory has been annexed and of the township or fraction of a township annexed thereto. Such amount must be determined by the relative valuation of the annexed territory and of the township to which the annexation has been made as shown by the last preceding assessment.

58-02-18. Tax levies against territory annexed.

At the first annual township meeting after the consolidation of the townships or the consolidation of a township and a fraction of a township, there must be levied against the fraction of a township or township annexed the sum found to be due to the township to which the annexation was made, and if the territory annexed is a fraction of a township which was detached from a civil township, the amount due to the original township to pay the outstanding indebtedness thereof, if any. Such levy is in addition to the levy provided by law. Taxes levied on the detached territory while it was a part of another civil township to pay anticipated obligations must be allocated to the detached territory, if the obligations for which the levy was made had not been incurred at the time the detachment became effective. Such taxes must be considered in levying the taxes provided for in this section. When the adjustment between a township and a fraction thereof detached therefrom and joined to another township involves the modification of tax levies theretofore made for the payment of any indebtedness for which an irrepealable levy was required to be made, notice of such modification must be given to all holders of bonds or other evidences of indebtedness. If such holders do not object to the modification within twenty days after such notice, they must be deemed to have concurred therein.

58-02-19. Division of organized township — Requirements.

A fractional township which contains more than eighteen sections of land and borders on a lake or river or any congressional township may be set off from the civil township of which it is a part if:

1. There are one hundred or more inhabitants residing in the proposed township; and
2. The division does not leave less than one hundred inhabitants residing in the township from which it is separated.

58-02-20. Division made on congressional township lines.

The separation of a congressional township or fractional township from an organized civil township must be made only along congressional township lines.

58-02-21. Petition for and notice of application for division — Publication.

A petition for the division of a township as provided in section 58-02-19, addressed to the board of county commissioners and signed by a majority of the qualified electors residing within the proposed township, may be presented to the board at any regular meeting of the board. Notice of the time and place of the hearing on such petition must be given at least thirty days prior to such hearing by the publication of such notice at least three times in the newspaper in which the proceedings of the board of county commissioners are published, or if there is no such newspaper, the notice must be posted in at least three public places in the proposed new township and in at least three public places in the remainder of the township affected by the division. One of such notices must be posted at the place where the last township election was held for the township from which the separation is sought.

58-02-22. Board of county commissioners may establish new township.

Upon presentation of the petition described in section 58-02-21, with proof of notice as provided in that section of the existence of the requirements for division and proof that the petition was signed by the requisite number of voters residing in the proposed township, the board of county commissioners shall set off the congressional township or fractional township described in the petition as a separate civil township.

58-02-23. Division of assets and liabilities of the original township.

Within thirty days after the first election is held in a civil township established upon a petition described in section 58-02-21, the board of county commissioners, the county auditor, and a district judge designated by the presiding judge of the judicial district in which the new township is located shall meet as a board of arbitrators and shall determine a just and fair distribution of the property and apportionment of the debts of the original township between it and the township separated therefrom and established as a civil township. The new township shall succeed to a proportional share of the moneys and other property of the original township and shall assume a proportional share of the debts and liabilities thereof existing at the time of the division, such proportion to be determined by the relative valuation of the property of the respective parts as shown by the last preceding assessment. The board of arbitrators, upon subpoena issued by the clerk of the district court on the request of such board, may bring before it all necessary witnesses, books, and papers. The determination of the board of arbitrators may be reviewed by the district court on appeal in accordance with the procedure provided in section 28-34-01 and shall be enforced by the courts.

58-02-24. Obligations of original township enforced.

The division of a congressional or fractional township from an organized civil township does not prevent the enforcement of the obligations of the original township existing prior to the division.

58-02-25. Dissolution of township — Petition — When considered by supervisors or board of county commissioners — Hearing.

If a petition asking for the dissolution of an organized civil township and setting forth the reasons therefor and signed by one-half of the qualified electors of such township is presented to the board of township supervisors at least ten days prior to the second Tuesday in March in any year, the petition must be considered by such board at its regular meeting on the second Tuesday in March in such year. If the qualified electors of an organized township, as determined by the board of county commissioners, do not exceed five in number, said board of county commissioners, upon the petition of any qualified elector of such township or upon its own motion without any such petition, may dissolve such township by filing in the office of the county auditor its resolution to dissolve such township. Following the filing of the resolution by said board of county commissioners, the county auditor shall designate a time and place for a public hearing of all qualified electors who are owners of any interest in real property assessed for taxation in the township and who reside within the boundaries of the township as fixed by the order of the board of county commissioners. Notice of the hearing must be given by publication once each week for two consecutive weeks in a newspaper of general circulation in the township, the last publication appearing at least seven days prior to the hearing. The notice must be addressed to all qualified electors who are owners of any interest in real property assessed for taxation in the township or who are residing within the boundaries of the township. The county auditor shall also notify all owners of property within the township by mail at least two weeks in advance of the proposed dissolution hearing.

58-02-26. Question of dissolution submitted at annual meeting — Notice.

If the petition described in section 58-02-25 has been signed by the requisite number of qualified signers, the question of dissolution must be submitted to the voters of the township at the annual township meeting. A notice specifying the question of dissolution to be submitted at the annual meeting must be signed by the township clerk and posted in five of the most public places in the township at least five days prior to the annual meeting and published once before the time appointed for the meeting in a legal newspaper published in the county in which the township is located.

58-02-27. Vote on question of dissolution — Form of ballot — Result.

The board of township supervisors shall preside at the meeting. The polls must be opened and closed as at other township meetings. The voters shall vote by ballot. The ballot used must be in the following form:

Shall township be dissolved? Yes • No •

Click to view

The result of the vote must be announced publicly after the polls close and as soon as ascertained by the officers of the meeting. If a majority of all votes cast are in favor of dissolution, a statement of the vote, signed by the chairman of the board of township supervisors and attested by the township clerk, must be filed in the office of the county auditor of the county within which the township lies.

58-02-28. When township dissolved — Disposition of property and records.

If a majority of votes cast at the township meeting are in favor of dissolution, the township ceases to be a corporation on the next succeeding January first. After payment of the township’s debts and liabilities, any funds on hand derived from property taxes levied by the township may be allocated among taxpayers of the township in proportion to their relative ownership shares of the taxable valuation of property in the township, any funds on hand from sources other than property taxes levied by the township must be transferred by the township treasurer to the treasurer of the county in which the township is located for deposit in the county general fund, and any real or personal property must be disposed of in the manner directed by a majority of the voters of the township at any special meeting. All of the township records must be turned over for preservation and safekeeping to the county auditor of the county in which the township is located.

58-02-29. Personal rights not affected by township dissolution.

The dissolution of a township may not affect the rights of any person in any contract or agreement to which the township is a party.

58-02-30. Township attached to other assessment district — Levy for payment of township debts. [Repealed]

58-02-31. Duty of county auditor on dissolution.

The county auditor, upon dissolution of any civil township in the auditor’s county, shall enter the fact of the dissolution upon the proper record book.

58-02-32. Proof of signatures on petition.

The fact that any petition required under any provision of this chapter is signed by the required number of signers residing in the territory described therein may be proved by the affidavit of any qualified elector residing in the territory and having knowledge of the facts.

58-03-01. Powers of township.

Each township is a body corporate and has capacity:

1. To sue and be sued.
2. To purchase and hold lands within its limits and for the use of its inhabitants subject to the powers of the legislative assembly.
3. To make such contracts and purchase and hold such personal property as may be necessary for the exercise of its corporate or administrative powers.
4. To make such orders for the disposition, regulation, or use of its corporate property as may be deemed conducive to the interests of its inhabitants.

58-03-02. Powers of township limited.

No township may possess or exercise any corporate powers except those enumerated in this chapter, those specially given by law, and those necessary to the exercise of the powers enumerated or granted.

58-03-03. Acts of township to be in corporate name.

All acts or proceedings performed by a township in its corporate capacity must be done in the name of the township.

58-03-04. Townships provide for confinement of prisoners. [Repealed]

Repealed by S.L. 1979, ch. 172, § 29.

58-03-05. Notice to be given that township is providing jail. [Repealed]

Repealed by S.L. 1979, ch. 172, § 29.

58-03-06. Township charges and levies.

The following must be deemed township charges:

1. The compensation of township officers.
2. Contingent expenses necessarily incurred for the use and benefit of the township.
3. The moneys authorized to be raised by the vote of the township meeting for any township purpose.
4. Each sum directed by law to be raised for any township purpose.

58-03-07. Powers of electors.

The electors of each township have the power at the annual township meeting:

1. To establish one or more pounds within the township, to determine the location of the pounds, to determine the number of poundmasters and to choose the poundmasters, and to discontinue pounds which have been established.
2. To select the township officers required to be chosen.
3. To direct the institution or defense of actions in all controversies in which the township is interested.
4. To direct the raising of such sums as they may deem necessary to prosecute or defend actions in which the township is interested.
5. To make all rules and regulations for the impounding of animals.
6. To make such bylaws, rules, and regulations as may be deemed necessary to carry into effect the powers granted to the township.
7. To impose penalties for each offense on persons offending against any rule or regulation established by the township.
8. To apply penalties when collected in such manner as they deem most conducive to the interests of the township.
9. To ratify or reject recommendations offered by the board of township supervisors for the expenditure of funds for the purpose of purchasing building sites and for the purchase, location, erection, or removal of any building or erection for township purposes. No recommendation shall be adopted except by a two-thirds vote of the electors present and voting at any annual township meeting.
10. To authorize and empower the board of township supervisors to purchase liquids, compounds, or other ingredients for the destruction of noxious weeds, and sprinklers to be used in spraying said liquids or compounds. No township shall purchase more than two such sprinklers in any one year.
11. To authorize aid to a district fair association within the limits provided in title 4.
12. To authorize the levy of township taxes for the repair and construction of roads and bridges and for other township charges and expenses within the limits prescribed in title 57.
13. To direct the expenditure of funds raised for the repair and construction of roads within the limits provided in title 24.
14. To authorize the dissolution of the township in the manner provided in this title.
15. To authorize the entering into a contract for fire protection as provided for in section 18-06-10.
16. To authorize the expenditure of funds for the eradication of gophers, prairie dogs, crows, or magpies.
17. To authorize the expenditure of township funds for weather modification activities.
18. To authorize the expenditure of funds to pay membership fees in county, state, and national associations of township governments. This subsection may not be construed to authorize a mill levy.
19. To support an airport or to support or create an airport authority and to levy a tax for airport purposes within the limitations of section 2-06-15.
20. To direct the transfer of township funds to a rural fire protection district or rural fire department for fire protection within the township.
21. To direct the transfer of township funds to a rural ambulance service district for emergency medical service within the township.
22. To establish special assessment districts in accordance with chapter 58-18.

58-03-08. Establishment of public library and reading room. [Repealed]

Repealed by S.L. 1971, ch. 410, § 4.

58-03-09. Township electors shall designate public places for posting notices. [Repealed]

Repealed by S.L. 1977, ch. 562, § 7.

58-03-10. Township bylaws — Clerk must publish and record — On whom binding.

Bylaws made by a township do not take effect until they are published. The township clerk shall have the bylaws published in a legal newspaper published in the township. If there is no such newspaper, the bylaws must be published in the county’s official newspaper. The clerk shall make an entry in the township records of the time when and place where the bylaws were published. The township bylaws duly made and published are binding upon all persons coming within the limits of the township as well as upon the inhabitants thereof and remain in force until altered or repealed at some subsequent township meeting.

58-03-11. Establishment of zoning districts — Uniformity.

For the purpose of promoting the health, safety, morals, or the general welfare, or to secure the orderly development of approaches to municipalities, the board of township supervisors may establish one or more zoning districts and within the districts, subject to the provisions of chapter 54-21.3 and section 58-03-11.1, may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings and structures; the height, number of stories, and size of buildings and structures; the percentage of lot that may be occupied; the size of courts, yards, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. All regulations and restrictions under this section must be uniform throughout each district, but the regulations and restrictions in one district may differ from those in other districts. The board of township supervisors may establish institutional controls that address environmental concerns with the department of environmental quality as provided in section 23.1-10-16.

58-03-11.1. Farming and ranching regulations — Requirements — Limitations — Definitions.

1. For purposes of this section:
   1. “Animal feeding operation” means a lot or facility, other than normal wintering operations for cattle and an aquatic animal production facility, where the following conditions are met:
      1. Animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period; and
      2. Crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility .
   2. “Farming or ranching” means cultivating land for the production of agricultural crops or livestock, or raising, feeding, or producing livestock, poultry, milk, or fruit. The term does not include:
      1. The production of timber or forest products; or
      2. The provision of grain harvesting or other farm services by a processor or distributor of farm products or supplies in accordance with the terms of a contract.
   3. “Livestock” includes beef cattle, dairy cattle, sheep, swine, poultry, horses, bison, elk, fur animals raised for their pelts, and any other animals that are raised, fed, or produced as a part of farming or ranching activities.
   4. “Location” means the setback distance between a structure, fence, or other boundary enclosing an animal feeding operation, including its animal waste collection system, and the nearest occupied residence, the nearest buildings used for nonfarm or nonranch purposes, or the nearest land zoned as a residential, recreational, or commercial zoning district. The term does not include the setback distance for the application of manure or for the application of other recycled agricultural material under a nutrient management plan approved by the department of environmental quality.
2. For purposes of this section, animal units are determined as provided under subdivision c of subsection 7 of section 23.1-06-15.
3. A board of township supervisors may not prohibit or prevent the use of land or buildings for farming or ranching or any of the normal incidents of farming or ranching.
4. A regulation may not preclude the development of an animal feeding operation in the township.
5. A board of township supervisors may not prohibit the reasonable diversification or expansion of a farming or ranching operation.
6. A board of township supervisors may adopt regulations that establish different standards for the location of animal feeding operations based on the size of the operation and the species and type being fed.
7. If a regulation would impose a substantial economic burden on an animal feeding operation in existence before the effective date of the regulation, the board of township supervisors shall declare that the regulation is ineffective with respect to any animal feeding operation in existence before the effective date of the regulation.
8. 1. A board of township supervisors may establish high-density agricultural production districts in which setback distances for animal feeding operations and related agricultural operations are less than those in other districts.
   2. A board of township supervisors may establish, around areas zoned for residential, recreational, or nonagricultural commercial uses, low-density agricultural production districts in which setback distances for animal feeding operations and related agricultural operations are greater than those in other districts; provided, the low-density agricultural production districts may not extend more than one-half mile [0.80 kilometer] from the edge of the area zoned for residential, recreational, or nonagricultural commercial uses.
   3. The setbacks provided for in this subsection may not exceed those established in subdivision a of subsection 7 of section 23.1-06-15unless the township can demonstrate compelling, objective evidence specific to the township which requires a greater setback within the township, in which case the setbacks may exceed those established in subdivision a of subsection 7 of section 23.1-06-15 by no more than fifty percent. If a setback under this subsection is greater than the corresponding setback established in subdivision a of subsection 7 of section 23.1-06-15, a person whose animal feeding operation will be or has been affected by the applicable township ordinance may request the agriculture commissioner review the ordinance. After the review, the agriculture commissioner shall provide a summary of the review to the attorney general and request an opinion from the attorney general regarding whether the ordinance and setback are lawful.
   4. For purposes of this subsection, a “related agricultural operation” means a facility that produces a product or byproduct used by an animal feeding operation.
9. A person intending to construct an animal feeding operation may petition the board of township supervisors for a determination whether the animal feeding operation would comply with zoning regulations adopted under this section and filed with the department of environmental quality under section 58-03-17 before the date the petition was received by the township. The petition must contain a description of the nature, scope, and location of the proposed animal feeding operation and a site map showing road access, the location of any structure, and the distance from each structure to the nearest section line. If the board of township supervisors does not object to the petition within sixty days of receipt, the animal feeding operation is deemed in compliance with the township zoning regulations. If the township allows animal feeding operations as a conditional use, the conditional use regulations must be limited to the board’s authority under this section, and the approval process must comply with this section. The township shall make a decision on the application within sixty days of the receipt of a complete conditional use permit application. If the board of township supervisors determines the animal feeding operation would comply with zoning regulations or fails to object under this section, the township may not impose additional zoning regulations relating to the nature, scope, or location of the animal feeding operation later, provided an application is submitted promptly to the department of environmental quality, the department issues a final permit, and construction of the animal feeding operation commences within three years from the date the department issues its final permit and any permit appeals are exhausted. A board of township supervisors may not:
   1. Regulate or impose zoning restrictions or requirements on animal feeding operations or other agricultural operations except as expressly permitted under this section; or
   2. Impose water quality, closure, site security, lagoon, or nutrient plan regulations or requirements on animal feeding operations.

58-03-12. Basis for township zoning regulations and restrictions.

The regulations and restrictions established in any township zoning district must be made in accordance with a comprehensive plan with reasonable consideration as to the character of such district, its peculiar suitability for particular uses, the normal growth of the municipality, and the various types of occupations, industries, and land uses within the area, and must be designed to facilitate traffic movement, encourage orderly growth and development of the municipality and adjacent areas, promote health, safety, and general welfare, and provide for emergency management. “Emergency management” means a comprehensive integrated system at all levels of government and in the private sector which provides for the development and maintenance of an effective capability to mitigate, prepare for, respond to, and recover from known and unforeseen hazards or situations, caused by an act of nature or man, which may threaten, injure, damage, or destroy lives, property, or our environment. The comprehensive plan must be a statement in documented text setting forth explicit goals, objectives, policies, and standards of the jurisdiction to guide public and private development within its control.

58-03-13. Township zoning commissions — Membership — Reports and recommendations — District boundaries — Hearings — Notice.

The board of township supervisors of a township desiring to avail itself of the powers conferred by sections 58-03-11 through 58-03-15 shall establish, by resolution, a township zoning commission to recommend the boundaries of the various township zoning districts and appropriate regulations and restrictions to be established therein. Membership of the commission must consist of three township supervisors and two members appointed from the municipalities concerned in relation to which the zoning is contemplated. Where the area to be regulated and restricted is situated in two or more townships, a joint zoning commission may be established. Membership of a joint zoning commission must consist of two township supervisors from each township and two members from the municipality in relation to which the zoning is contemplated. A zoning commission shall make a preliminary report and hold public hearings before submitting its final report and recommendations to the board or boards of township supervisors. The board or boards of township supervisors may establish, and from time to time change, the boundaries of township zoning districts and establish, amend, supplement, and enforce regulations and restrictions in the districts. No regulation, restriction, or boundaries become effective until after a public hearing at which parties in interest and citizens have an opportunity to be heard. At least fifteen days’ notice of the time and place of the hearing must be published in the official newspaper of the county and also in the official newspaper of the municipality in relation to which the zoning action is taken, if in the municipality an official newspaper other than the official newspaper of the county is published. The description of any land within any zoning district established by a zoning commission together with any regulations and restrictions established must be filed with the governing bodies of the township and municipalities concerned, and if amendments are made to the boundaries of the zoning district or the regulations or restrictions, the amendments must be filed in the same manner. A zoning commission established under this section and a board of township supervisors 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 commission or board.

58-03-14. Violation of zoning regulations and restrictions — Remedies — Penalties.

1. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or if any building, structure, or land is used, in violation of any regulation or restriction made under the authority conferred by sections 58-03-11 through 58-03-15, the proper local authorities of the township or of the municipality in relation to which such zoning regulation or restriction is established, or any affected citizen or property owner, in addition to other remedies, may institute any appropriate action or proceeding:
   1. To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;
   2. To restrain, correct, or abate such violations;
   3. To prevent the occupancy of the building, structure, or land; or
   4. To prevent any illegal act, conduct, business, or use in or about such premises.
2. If after reasonable notice and opportunity for hearing by the board of township supervisors, a property owner fails to bring a building or structure or the use of land owned by that person into compliance with a regulation or restriction made under sections 58-03-11 through 58-03-15, in addition to any other remedies, the board of township supervisors may impose a civil penalty of up to two thousand dollars annually against the property owner and the property. The board of township supervisors may also assess the property owner for all costs of the township in bringing the property into compliance or in instituting and prosecuting any appropriate action or proceeding under this section. Any civil penalty or assessment of costs, or both, against a property owner constitute a lien on the property and must be charged against the property and become a part of the taxes against the property for the ensuing year and must be collected in the same manner as other real estate taxes are collected and placed to the credit of the township.

58-03-15. Appeals.

Appeals from any rule, restriction, or decision of the board of township supervisors may be made to the district court of the county in which such township lies. Appeals must be taken in accordance with the procedure provided in section 28-34-01. Upon a showing that any rule, restriction, or decision of the board of township supervisors is unreasonable under the circumstances or contrary to the intent of sections 58-03-11 through 58-03-15, any such rule, restriction, or decision may be set aside or reversed.

58-03-15.1. Highways — Roads.

Sections 58-03-11 through 58-03-15 do not include any power relating to the role of the board of township supervisors in the establishment, repair, or maintenance of highways or roads.

58-03-16. Real property transfers.

Every township may convey, sell, or dispose of real property of the township upon recommendation by the board of township supervisors and upon approval by the township electors at the annual meeting or at a special meeting called for such purpose. When the board estimates the real property to be of a value of less than one thousand dollars, it may be sold at private sale, but in all other cases such property may be sold only at public sale. 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 must be published in the official county newspaper once each week for two consecutive weeks with the last publication being at least ten days prior to the date set for the sale. The township electors shall determine and the notice must specify whether the bids are to be received at auction or as sealed bids. The property advertised must be sold to the highest bidder if that bid is deemed sufficient by a majority of the township supervisors.

58-03-17. Regulation of animal feeding operations — Central repository.

Any zoning regulation that pertains to an animal feeding operation, as defined in section 58-03-11.1, is not effective until filed with the department of environmental quality for inclusion in the central repository established under section 23.1-01-10.

58-03-18. Limitation on authority — Seed.

Notwithstanding any other law, a township may not impose any requirements or restrictions pertaining to the registration, labeling, distribution, sale, handling, use, application, transportation, or disposal of seed.

58-03-19. Building permit — Decision within sixty days of application.

1. A township that regulates the construction, erection, reconstruction, repair, or alteration of buildings and structures and issues building permits shall respond to a building permit application within sixty days of receiving the application either by approving the application and delivering the building permit or by providing the applicant written notice of the grounds for rejection of the application.
2. If the building or structure for which a permit is requested meets all applicable zoning regulations and the board of township supervisors or other appropriate official fails to respond as required under subsection 1, the application is deemed to be approved and the applicant may proceed with the construction, erection, reconstruction, repair, or alteration of the building or structure and the township shall return any permit fee submitted with the application.
3. A township’s building permit application form must include a statement that if the building or structure for which the permit is requested meets all applicable zoning regulations and the board of township supervisors or other appropriate official fails to respond within sixty days of receiving the application, the application is deemed approved. Upon receipt of a building permit application, a township shall note on the application the date of receipt and shall provide a copy of the submitted application to the applicant with the date of receipt noted.

58-04-01. Annual township meeting — When held — Change in meeting place — Notice.

The electors of each township annually shall assemble and hold a township meeting on the third Tuesday in March at such place in the township or in an adjacent township as the board of township supervisors thereof shall designate. Notice of the time and place of holding the meeting must be given by the township clerk at least ten days prior to the meeting by publication in a legal newspaper published in the township or, if there is no such newspaper, then in the county’s official newspaper. Before a change in the place of holding the annual township meeting is made, notice of the contemplated change may be given by any member of the board of township supervisors to the township clerk, who shall have such change published if time allows. Otherwise, the township clerk shall post notice of the change. Where an incorporated city is wholly or partially within the boundaries of the township or an adjacent township, all township meetings may be held in such place within such incorporated city, as the board of township supervisors thereof may designate.

58-04-02. Special meetings — When held.

A special township meeting may be held for the purpose of:

1. Electing township officers to fill vacancies that occur;
2. Authorizing expansion of the board of township supervisors from three to five members;
3. Removing an elected township officer;
4. Transacting other lawful township business whenever the supervisors or township clerk, or any two of them, or twenty percent of the freeholders of the township, shall file in the office of the township clerk a written statement that a special meeting is necessary; or
5. Whenever a special meeting is required by any other provision of the laws of this state.

58-04-02.1. Expansion of membership of the board of township supervisors.

At the annual township meeting or a special meeting, the electors of the township may approve expansion of the board of township supervisors from three to five members. At the first annual meeting after a special meeting at which the expansion is authorized, or at the annual meeting at which the expansion is authorized, the electors of the township shall elect three members of the board of township supervisors. Two of the members of the board elected under this section must be elected for three-year terms and one supervisor must be elected for a two-year term. Thereafter, terms of office of members of the board of township supervisors will be as provided in section 58-05-02.

58-04-02.2. Removal of township officers — Special meeting.

An elected township officer may be removed from office upon an affirmative vote of the majority of votes cast at a special meeting of the township which is called for the purpose of removing an elected township officer. If an officer is removed from office at the special meeting, the voters shall elect a replacement officer at the same meeting.

58-04-03. Clerk to give notice of special meeting.

Each township clerk with whom a statement provided for in section 58-04-02 is filed shall record the same and shall cause notice of the special meeting to be published at least ten days before the meeting in a legal newspaper published in the township or, if there is no such newspaper, then in the county’s official newspaper.

58-04-04. What notice of special meeting must specify — Business transacted at meeting limited.

Each notice given for a special meeting must specify the purpose for which it is to be held. No business other than that specified in the notice may be transacted at such meeting. If vacancies in office are to be filled at the meeting, the notice must specify in what offices the vacancies exist, how they occurred, who was the last incumbent, and when the term of each office expires.

58-04-05. Organization of annual or special meetings.

The qualified electors present on the day of the annual or special meeting must be called to order by the township clerk, or, if the township clerk is not present, the qualified electors may elect by acclamation one of their number to act as chairman for the purpose of calling the meeting to order and to act as clerk after the selection of a moderator. The qualified electors shall elect by acclamation three of their number as judges, and such judges must be sworn and shall act as the judges of the qualifications of the qualified electors of the township. The qualified electors shall proceed to choose one of their number to preside as moderator of the meeting. The township clerk, if present, or in the township clerk’s absence, the clerk of the meeting, shall keep full minutes of its proceedings in which must be entered at length every order, direction, rule, and regulation made by the meeting. Meeting and voting hours of an annual or special meeting are optional with the township board, provided proper notice is given under the provisions of this chapter. The positions of moderator, clerk, and the three judges must be separate and distinct positions and no such positions may be held by the same person. The moderator, clerk, and the three judges each may be entitled to compensation of no more than sixty dollars per day for each day actually expended in the performance of their duties. Such salary must be paid out of township funds made available for such purpose. However, in those townships in which the offices of township clerk and treasurer have been merged, the person holding such office shall receive compensation as provided by law as township treasurer only and may not receive additional compensation for duties as clerk.

58-04-06. Duty of moderator — Reconsideration of vote — Majority vote required.

At the opening of each meeting, the moderator shall state the business to be transacted and the order in which it must be entertained. A proposition to vote a tax may not be acted on out of the order of business as stated by the moderator. A proposition to reconsider a vote may not be entertained at any meeting unless the proposition is made within one hour from the time the vote was taken or unless the motion for the reconsideration is sustained by a number of electors equal to a majority of all the names entered upon the poll list at the election up to the time the motion is made. All questions upon motions made at township meetings must be determined by a majority of the electors voting. The moderator shall ascertain and declare the result of the vote on each question.

58-04-07. Proclamation of opening and closing polls.

Before the electors proceed to elect any township officer, the moderator shall proclaim the opening of the polls, and proclamation in like manner must be made of any adjournment and of the opening and closing of the polls until the election is ended.

58-04-08. Who are voters at township meetings.

A person may not vote at any township meeting unless that person is qualified to vote at general elections therein.

58-04-09. Challenge to voter — Duty of judges. [Repealed]

Repealed by S.L. 2013, ch. 167, § 8.

58-04-10. Officers to be elected by ballot.

The supervisors, treasurer, and clerk in each township must be elected by ballot. All other officers, if not otherwise provided by law, must be chosen either by yeas and nays or by a division as the electors determine.

58-04-11. Names of all candidates to be on one ballot.

When the electors vote by ballot, all the candidates voted for must be named on one ballot, which must contain, written or printed or partly written and partly printed, the names of the persons voted for and the offices to which such persons are intended to be chosen.

58-04-12. Judges to deposit ballots.

When the election is by ballot, the marked ballot must be delivered to one of the judges so folded as to conceal its contents, and the judges shall deposit the ballots in a box provided for that purpose.

58-04-13. Poll list kept by clerk.

When the election is by ballot, a poll list on which must be entered the name of each person whose vote is received shall be kept by the clerk of the meeting.

58-04-14. Judges to canvass the votes — Manner of canvassing — Declaration of election.

At the close of every election by ballot, the judges shall proceed publicly to canvass the votes, which canvass when commenced must continue without adjournment or interruption until the same is completed. The canvass must be conducted by taking one ballot at a time from the ballot box and counting until the number of ballots is equal to the number of names on the poll list, and if there are any left in the box, they must be destroyed immediately. If on the opening of the ballots, two or more ballots are found to be so folded that it is apparent that the same person voted them, the board shall destroy such unlawful ballots immediately. The person having the greatest number of votes for an office must be declared elected.

58-04-15. Tie vote — How determined.

If two or more persons have an equal and the highest number of votes for an office, the judges of election, immediately and publicly, shall determine by a drawing of names who of such persons shall be declared elected. A candidate involved in a tie vote may withdraw the candidate’s name from consideration if the candidate is willing to sign a statement to that effect in the presence of and witnessed by the filing officer of the election. If no candidates remain, the office is to be filled according to the rules for filling an office when a vacancy exists.

58-04-16. Result of canvass to be announced — Notice to voters.

When the canvass is completed, the clerk shall enter at length in the minutes of the meeting kept by the clerk, as required in section 58-04-05, a statement of the result of the election which must be read publicly by the clerk to the meeting, and such reading must be deemed notice of the result of the election to every person whose name is entered on the poll list as a voter.

58-04-17. Minutes to be filed.

The minutes of the proceedings of each township meeting, subscribed by the clerk and judges of the meeting, must be filed in the office of the township clerk within two days after the meeting.

58-04-18. Township clerk to notify officers elected.

The clerk of the township meeting, immediately after the votes are canvassed, shall transmit a notice of election to each person elected to any township office.

58-04-19. Special meeting when officers not elected at annual meeting.

If a township meeting is not held for the purpose of organizing and electing its officers at the time fixed by law for holding the annual township meeting, a special township meeting for that purpose must be called by the township clerk. Such meeting must be held within the township or in an adjacent township. If notice of such meeting is not given by the clerk within ten days, any three electors of the township may call such meeting. Notices setting forth the time, place, and object of the meeting must be published at least five days prior to the meeting in a legal newspaper published in the township or, if there is no such newspaper, then in the county’s official newspaper. The electors, when assembled by virtue of such notice, shall possess all the powers conferred upon electors at the regular annual township meeting.

58-04-20. When board of county commissioners may designate township officers — Powers and duties of appointed officers.

If notice of a township meeting is not given under section 58-04-19 within thirty days after the time set by law for the holding of the annual township meeting, the board of county commissioners of the county in which the township is located shall appoint the necessary township officers. Such appointment must be made upon the filing in the office of the county auditor of an affidavit of a freeholder of the township setting forth the facts. The persons appointed by the board shall hold their respective offices until their successors are elected and qualified.

58-05-01. Voter is eligible to office.

Every person qualified to vote at a township meeting is eligible to any township office.

58-05-02. Officers of a township — Terms of office.

The elected officers of a civil township must be:

1. Three or five supervisors.
2. One township clerk.
3. One assessor except as herein provided.
4. One treasurer.

In townships with three-member boards of township supervisors, one supervisor must be elected at each annual township meeting and shall hold office for a term of three years. In townships with five-member boards of supervisors, the number of members of the board of supervisors whose terms have expired must be elected at each annual township meeting and shall hold office for a term of three years. The other elective officers must be elected every two years and shall hold their respective offices for a term of two years. Each officer shall serve until that officer’s successor is elected and qualified. The same person may hold the offices of township clerk and treasurer if a majority of the electors present vote in favor of the merging of such offices at the annual township meeting. The person elected to fill the merged office shall perform all of the duties required of both the township clerk and treasurer except as otherwise specifically provided by law. If a majority of the electors present and voting at an annual township meeting vote in favor of making the office of assessor appointive, the board of township supervisors shall appoint a township assessor for a four-year term of office, the first term commencing on January 1, 1974. In lieu of electing or appointing a township assessor, the board of township supervisors, if authorized by a majority of the electors present and voting at an annual township meeting, may on behalf of the township contract with the county in which the township is located or with any other political subdivision or with any individual to perform the duties of and have the powers of the township assessor. The length and terms of such a contract must be negotiated by the board of township supervisors with the governing body of the county or other political subdivision or with the individual, as the case may be, and the township is hereby authorized to make such payments as may be provided for in the contract. The electors of any township in which the office of township assessor was abolished prior to July 1, 1973, shall, at the next annual township meeting, elect a township assessor or authorize the board of township supervisors to appoint a township assessor or to contract for the making of the assessment as hereinbefore provided. The township electors may, by majority vote of those present and voting at an annual township meeting, change the previously adopted method of providing for the assessment to either of the other two methods authorized in this section, but such change does not become effective until expiration of the term of office of the assessor or until a vacancy occurs in the office of assessor or until expiration of the contract for making the assessments, whichever is applicable according to the method of providing for the assessment that was previously adopted.

58-05-03. When term of office begins. [Repealed]

Repealed by S.L. 1951, ch. 333, § 1.

58-05-03.1. Elected assessor — Commencement of term of office.

In any township in which an assessor is elected at the annual township meeting, the term of office of the assessor elected at such meeting commences on the first Monday in January next succeeding that election.

58-05-04. Election of supervisors and other officers in newly organized townships.

At the first meeting of a newly organized township, officers must be elected as follows: one supervisor to serve until the first annual township meeting; one supervisor to serve until the second annual meeting; and one supervisor to serve until the third annual meeting. All the other township officers must be elected to serve until the annual township meeting in an even-numbered year.

58-05-05. Bonds of officers.

Each person elected or appointed to the office of township clerk, assessor, or treasurer, within ten days after the person is notified of the person’s election or appointment, and before entering upon the duties of the person’s office, must be bonded for the faithful discharge of the person’s duties in the same manner as other civil officers are bonded and in the following amounts:

1. The bond of the township clerk must be in such amount as may be determined by the board of township supervisors.
2. The bond of the treasurer must be in such amount as may be determined by the board of township supervisors and must be not less than the maximum amount of money that shall be subject to such treasurer’s control at any one time.
3. The bond of the assessor must be in the amount of one thousand dollars.

Such bonds, or the certificates issued in lieu thereof, must be filed in the office of the township clerk.

58-05-06. Bonds of township officers — Premiums.

All bonds required by this title for any township officer must be obtained from the North Dakota state bonding fund or from a corporate surety company authorized to do business in this state. Personal sureties may not be accepted on any such bond. The premiums for bonds of the North Dakota state bonding fund must be paid by the township, and the township may not pay the premium upon any other bond except such as is procured to replace a bond canceled by the state bonding fund.

58-05-07. Officers to take oath.

Each person elected or appointed to the office of supervisor, township clerk, assessor, treasurer, or township overseer of highways, within ten days after the person is notified of the person’s election or appointment, shall take and subscribe the oath prescribed in section 4 of article XI of the Constitution of North Dakota. If the oath is administered by the township clerk, no fee may be charged therefor.

58-05-08. Certificate of oath to be filed.

The person taking the oath described in section 58-05-07, immediately and before entering upon the duties of the person’s office, shall file the certificate of such oath in the office of the township clerk.

58-05-09. Penalty for neglect to take oath.

If any township officer who is required by law to take an oath of office enters upon the duties of the office before taking such oath, the person shall forfeit to the township the sum of fifty dollars.

58-05-10. Neglect to qualify deemed refusal to serve.

If any person elected or appointed to a township office, of whom an oath or bond is required, neglects to file the same within the time prescribed by law, such neglect must be deemed a refusal to serve in such office.

58-05-11. Poundmaster to file acceptance — Neglect deemed refusal to serve.

Each person appointed to the office of poundmaster, before entering upon the duties of the office and within ten days after being notified of the election or appointment, shall file a notice signifying acceptance of such office in the office of the township clerk. A neglect to file such notice must be deemed a refusal to serve.

58-05-12. Officers interested in contracts of township.

Except as otherwise provided by this section, no township officer may become a party to or be interested, directly or indirectly, in any contract made by the board of which the officer is a member. Every contract or payment voted for or made contrary to this section is void. Any violation of this section constitutes malfeasance in office which subjects the offending officer to removal from office. A township officer may become a party to or be interested, directly or indirectly, in any contract made by the board if:

1. The officer is qualified to undertake the contract.
2. The board, when possible, has requested bids or offers from at least two persons.
3. The board gives due consideration to all reasonable bids or offers to provide the same service to the township.
4. The officer having an interest in the contract is a supervisor, that supervisor does not vote on the contract, and the other members of the board of supervisors vote unanimously in favor of the contract.
5. The officer having an interest in the contract is not a supervisor, all members of the board of supervisors vote unanimously in favor of the contract.

58-05-13. Records to be delivered.

Upon going out of office, each supervisor, township clerk, or assessor shall deliver, upon demand of the person’s successor and upon oath administered by the latter, all records, books, and papers in the person’s possession or under the person’s control belonging to the office. The successor shall make such demand immediately upon assuming the office.

58-05-14. Successor to demand records in case of death.

Upon the death of a supervisor, township clerk, or assessor, the successor of such officer shall make such demand as is provided in section 58-05-13 of the personal representative of such deceased officer. The personal representative shall deliver upon oath all records, books, papers, or moneys in the personal representative’s possession or under the personal representative’s control belonging to the office held by the personal representative’s testator or intestate.

58-05-15. Board may accept resignations.

The board of township supervisors, for sufficient cause shown to it, may accept the resignation of any officer in its township. Whenever the board accepts a resignation, it shall give notice thereof to the township clerk.

58-05-16. Vacancies — How filled — Term of office — Powers of person appointed.

If the electors of a township fail to elect the proper number of officers, or a person elected to a township office fails to qualify, or a vacancy happens in any such office from death, resignation, removal from the township, or other cause, the board of township supervisors, or a majority of them, shall fill the vacancy by appointment, and the person so appointed shall hold that office until the next annual meeting and until the person’s successor is elected and qualified.

58-05-17. Vacancies in appointing board. [Repealed]

Repealed by omission from this code.

58-05-18. When county auditor to appoint township assessor.

If a township assessor is elected or appointed and fails or refuses to qualify or to discharge the duties of the office, or if the electors of a township have provided that the assessor must be elected but fail for any reason to elect an assessor, and the board of township supervisors and the board of county commissioners fail or refuse to appoint such officer for the township on or before the fifteenth day of February of the year for which the assessor is to serve or if the electors of a township have authorized the assessment to be contracted for as provided in section 58-05-02 and the board of township supervisors fails or refuses to enter into such a contract by the fifteenth day of February, the county auditor shall appoint an assessor for the township.

58-05.1-01. Definitions.

In this chapter, unless the context otherwise requires:

1. “Adjoining townships” means two or more townships that have a common boundary or touch at the corners and are in the same county.
2. “Multitownship board of officers” means a board of officers established for two or more townships consisting of a multitownship board of supervisors, a multitownship clerk, and a multitownship treasurer.

58-05.1-02. Consolidation of township officers — Petition — Membership.

The board of township supervisors of a township shall propose a plan for the consolidation of the board of township officers with the officers of adjoining townships when three qualified electors or five percent of the qualified electors of the township, as determined by the number of qualified electors voting at the last annual township meeting, whichever is greater, petition the board. The township clerk, within fourteen days of receiving a petition, shall notify the board of township supervisors of each adjoining township of the proposal for consolidation and submit a copy of the proposal to the county auditor. The boards of township supervisors of each adjoining township shall respond to the proposal within thirty days.

If the response of a board of township supervisors of an adjoining township indicates that the consolidation should be pursued, the clerk of the township proposing the consolidation shall call a meeting, or meetings if necessary, at a time and place agreed upon by the boards of each township. The chairman of the board of township supervisors of the township proposing the consolidation shall preside at the meeting. If requested by the board of township supervisors of the township proposing the consolidation, the board of township supervisors of each township shall submit a report of the assets, liabilities, and overall financial condition of each township for review by the other boards of township supervisors.

If one or more boards of the townships responding to the proposal agreed to further pursue the proposed consolidation, the question of consolidation must be presented to the electors of each of the townships. However, no more than five adjoining townships may consolidate. Notice of the presentation of the question to the electors must be submitted to the county auditor by the board of township supervisors of the township proposing the consolidation. Upon receiving that notice, the county auditor shall assign an identifying number to the proposed multitownship board and notify the board of supervisors of each township of that number.

58-05.1-03. Submission of consolidation plan to electors.

The board of township supervisors of each township that is involved in the proposed consolidation shall call a special township meeting to consider and vote on the proposed consolidation. The ballot used at the election must be in substantially the following form:

Shall the townships of (name of townships to be consolidated) consolidate township boards under one multitownship board of officers to be identified as multitownship board number ? Yes • No •

Click to view

If a majority of all votes cast on the question in the township proposing the consolidation and in any adjoining townships are in favor of the consolidation, the consolidation is approved for those township boards of officers.

58-05.1-04. Equalization of assets and liabilities of townships.

The boards of township officers of each township voting in favor of the consolidation shall meet at a place designated by the board of township supervisors of the township that proposed the consolidation within thirty days following the election to equalize the property, funds, and debts of the townships. In addition, the boards shall perform any other actions necessary to carry out the consolidation of the township, including conveying, selling, or disposing of property that is not necessary for the operation of the townships except the township halls.

58-05.1-05. Settlement of disagreement.

If the boards of township officers of the consolidating townships are unable to equalize the property, funds, and debts of the townships, the chairman of the board of township supervisors of the township that proposed the consolidation shall immediately notify the board of county commissioners of the disagreement. The chairman of the board of county commissioners shall call a meeting of the boards of township officers of the consolidating townships, the county commissioners, the state’s attorney, and the county auditor to attempt to settle the disagreement to the satisfaction of all the township boards. If the disagreement is not settled to the satisfaction of all boards involved in the consolidation, the boards of the townships agreeing to the equalization may proceed with the consolidation. The township board of officers of each consolidating township shall meet at least once to review the final equalization of the assets and liabilities of the township.

58-05.1-06. Transition board.

The board of township supervisors of each township involved in the consolidation shall select one supervisor to be a member of a transition township board. If there are fewer than three townships involved in the consolidation, each board of township supervisors may select two supervisors to be members of the transition board. The clerk of the township that proposed the consolidation shall act as clerk for the transition board. The transition board shall assume all the powers and duties of the township officers of each township approving the consolidation on the first of January following the election. The transition board shall continue in existence until the first annual meeting of the consolidated townships and shall prepare a proposed budget for the multitownship board.

58-05.1-07. Multitownship board — Election.

On the third Tuesday of March following the consolidation election, a multitownship meeting must be held and the qualified electors shall elect a multitownship board of supervisors. If the number of consolidated townships is five or fewer, the multitownship board of supervisors must consist of one supervisor elected from each township. If the number of consolidated townships is two or four, an additional township supervisor must be elected at large so the multitownship board consists of three or five members. The length of the terms of the supervisors first elected must be staggered so that the terms of an equal amount of supervisors, or as nearly as practicable, expire each year. In addition, the qualified electors shall elect a multitownship clerk and a multitownship treasurer. The multitownship officers elected at the annual meeting shall assume all the powers and duties of the township officers of the townships approving the consolidation.

58-05.1-08. General township laws applicable.

When applicable, all laws relating to a board of township supervisors apply to a multitownship board of supervisors.

58-06-01. General powers and duties of board of township supervisors.

The board of township supervisors has the following powers and duties:

1. To manage and control the affairs of the township not committed to other township officers.
2. To draw orders on the township treasury for the disbursement of township funds.
3. To recommend to the electors the expenditure of a stated amount for the purpose of purchasing building sites, and for purchasing, erecting, locating, or removing any building, township hall, or library building for the use and benefit of the township.
4. When a city which is laid out into streets is included within the limits of the township, to cause improvements to be made in any street that may be needed as a highway if the city neglects to make the improvements.
5. To prosecute all actions upon bonds given to it or previous boards.
6. To sue for and collect all penalties and forfeitures incurred by any officer or inhabitant of the township when no other provision is made.
7. To prosecute any action for trespass committed on any public enclosure, highway, or property belonging to the township.
8. To pay all money collected by it for the township to the township treasurer.
9. To levy the annual taxes for the ensuing calendar year as voted at the annual township meeting.
10. To grant to any person the right of way for the erection of telephone lines, electric light systems, water or wastewater systems, or gas or oil pipeline systems over, under, or upon public grounds, streets, alleys, or highways.
11. To appoint the township overseer of highways.
12. To purchase road machinery and tools.
13. To request assistance from a county or district board of health or the department of environmental quality.
14. To perpetuate survey markings.
15. To erect and maintain guideposts on the highways and other ways within the township at such places as are necessary or convenient for the direction of travelers.
16. To examine, compare, and balance the books of the township clerk and the treasurer at the annual meeting in March of each year.
17. To pay all or a part of the cost of electricity used in electrically lighting the streets of cities located within the township.
18. To insure the township’s property which is not required to be insured against loss by fire or tornado by the state fire and tornado fund in a stock or mutual fire insurance company or in the state fire and tornado fund.
19. Repealed by S.L. 1989, ch. 559, § 7.
20. To submit a budget for the township at its annual meeting.

58-06-02. Compensation of supervisors.

A township supervisor is entitled to receive as compensation for services up to sixty dollars a day for each day necessarily devoted to the work of a supervisor’s office not exceeding two thousand dollars in a calendar year. The electors of the township shall establish the daily compensation rate for township supervisors at each annual township meeting. Additional compensation over two thousand dollars may be provided for reimbursement of expenses as provided in section 44-08-04 and for mileage as provided in section 54-06-09 for each mile [1.61 kilometers] necessarily traveled in the performance of a supervisor’s duties.

58-06-03. Regular meetings of board of township supervisors — When held.

The board of township supervisors shall hold regular meetings on the second Tuesday in March, on the fourth Tuesday in March, and on the second Monday in June of each year, except that in the discretion of the township supervisors the meetings provided for the second Tuesday and fourth Tuesday in March may be held on the same day as the annual township meeting as provided in section 58-04-01.

58-06-04. May hold adjourned and special meetings.

The board of township supervisors may adjourn from time to time and in cases of emergency may hold special meetings on the call of the township clerk.

58-06-05. Where meetings of board of supervisors held.

The regular meetings of the board of township supervisors must be held at the office of the township clerk or at the usual place for holding the annual township meetings if there is one.

58-06-06. Quorum of the board.

Two of the supervisors constitute a quorum for the performance of the duties of the board of township supervisors except when otherwise provided by law.

58-06-07. Board of township supervisors to elect chairman.

At its first regular meeting following the annual township meeting, the board of township supervisors shall elect one of its members as chairman. The chairman shall serve for a term of one year.

58-06-08. Approve bonds of township officers.

At its first meeting after the election of township officers, the chairman of the board of township supervisors shall approve the bonds of township officers and the officers immediately shall enter upon the discharge of their duties.

58-06-09. Audit accounts.

At the last regular meeting in each year, the board of township supervisors shall audit accounts, settle with the township overseer of highways, and transact any other business that may come before it.

58-06-10. Business with board — When to appear.

All persons having business to transact with the board of township supervisors shall appear before the board at any regular meeting or file such business with the township clerk to be laid before the board by the township clerk at its next meeting.

58-07-01. Compensation of clerk.

The township clerk is entitled to receive as compensation for services up to sixty dollars a day for each day necessarily devoted to the work of the clerk’s office not exceeding two thousand dollars in a calendar year. The electors of the township shall establish the daily compensation rate for the township clerk at each annual township meeting. Additional compensation over two thousand dollars may be provided for reimbursement of expenses as provided in section 44-08-04 and for mileage as provided in section 54-06-09 for each mile [1.61 kilometers] necessarily traveled in the performance of the clerk’s duties. In those townships in which the offices of township clerk and treasurer have been merged, the individual elected to fill the new office is entitled to receive compensation as township clerk only.

58-07-02. Clerk may appoint deputy — Deputy to take oath.

The township clerk may appoint a deputy for whose acts the township clerk is responsible. Before a deputy clerk enters upon the duties of the office, the deputy clerk shall take and subscribe the oath required by the Constitution of North Dakota and shall file the same in the office of the clerk of the district court. In those townships in which the offices of township clerk and treasurer have been merged, the person elected to fill the new office shall appoint a deputy only after receiving the approval of the board of township supervisors.

58-07-03. Duties of township clerk.

The township clerk shall perform the following duties:

1. Act as clerk of the board of township supervisors and keep in the township clerk’s office a true record of all of its proceedings.
2. File and safely keep all certificates of oaths and bonds required to be kept in the township clerk’s office and all other papers required by law to be filed in that office and have and keep custody of the record books and papers of the township when no other provision is made therefor by law.
3. Enter in the minutes of the proceedings of each township meeting each order or direction and every rule and regulation adopted at such meeting.
4. File and preserve all accounts audited by the township board or allowed at a township meeting and enter a statement thereof in the township record books.
5. File the township clerk’s bond in the office of the county auditor and the township clerk’s oath and the oath of the deputy clerk, if one is appointed, in the office of the clerk of the district court.
6. Preserve and record the annual statement of the treasurer, except that in those townships in which the offices of township clerk and treasurer have been merged, the person elected to fill the new office shall file a copy of the annual treasurer’s statement with the chairman of the board of township supervisors.
7. Require all legally elected officers who accept the offices to which they are elected to qualify within the time prescribed by law and in accordance with all other provisions thereof.
8. Make a record of all statements of the remittances of any township funds from the county treasurer to the township treasurer as such statements are mailed to the township clerk by the county treasurer, except that in those townships in which the offices of township clerk and treasurer have been merged, the person elected to fill the new office shall make a record of all statements of the remittances of any township funds from the county treasurer to the township treasurer and shall file such statements with the chairman of the board of township supervisors.
9. Keep an account of the township funds in the same manner as is required of the township treasurer, except that in those townships in which the offices of township clerk and treasurer have been merged, the person elected to fill the office shall keep an account of the township funds and shall report the balance of such funds to the chairman of the board of township supervisors no less frequently than every sixty days.
10. Perform all duties imposed upon the township clerk under the laws of this state relating to the forming of jury panels.

58-07-04. Penalty for neglect.

If a township clerk willfully neglects or refuses to perform any of the duties required of the township clerk under this chapter, that person is guilty of an infraction.

58-07-05. Destruction of township records.

After the same have first been offered to the state archivist for preservation as archival resources, the township clerk shall destroy by any suitable means as determined by the board of township supervisors any of the following books, forms, or blanks after the same have become ten years old:

1. Election pollbooks.
2. Election registration books.
3. Petitions of candidates.
4. All election forms, blanks, books, and records of every kind and description except abstracts of votes.
5. Assessment slips.
6. Township board of equalization records.
7. Claims vouchers which have been audited and paid.
8. Certificates of officials’ bonds.
9. Insurance policies which have become obsolete.

58-08-01. Compensation of treasurer.

The township treasurer is entitled to receive as compensation for services up to sixty dollars a day for each day necessarily devoted to the work of the treasurer’s office not exceeding two thousand dollars in a calendar year. The electors of the township shall establish the daily compensation rate for the township treasurer at each annual township meeting. Additional compensation over two thousand dollars may be provided for reimbursement of expenses as provided in section 44-08-04 and for mileage as provided in section 54-06-09 for each mile [1.61 kilometers] necessarily traveled in the performance of the treasurer’s duties. The township treasurer may not be allowed a percentage on the balance turned over to the treasurer’s successor in office.

58-08-02. Duties of treasurer — Form of warrant — Disbursement of funds.

The township treasurer shall receive and take charge of all moneys belonging to the township or which by law are required to be paid into the township treasury and shall pay over and account for the same upon the order of the township or the officers thereof duly authorized in that behalf and shall perform all such duties as may be required of the township’s treasurer by law. Approval of orders or vouchers must be recorded in the record of the board’s proceedings and this is sufficient to indicate approval without requiring a majority of the board to sign or initial the voucher or order for payment. The township treasurer shall pay out no township funds except upon the warrant of the board of supervisors signed by the chairman of the board and countersigned by the clerk. The treasurer shall pay all warrants when presented, if properly drawn and signed, and if there is money in the treasurer’s hands or subject to the treasurer’s order sufficient for payment. The township treasurer may not issue the treasurer’s check on the depository bank, but shall countersign the warrant and insert the name of the depository bank thereon, and the warrant, when so countersigned and directed to the depository bank and properly endorsed by the payee, must be paid by the depository. Immediately upon countersigning any warrant, the township treasurer shall enter the payment in the township treasurer’s official record.

58-08-03. Treasurer to draw moneys from the county.

The township treasurer shall draw from the county treasurer such moneys as have been received by the county treasurer for the use of the township. Upon the receipt of such moneys, the township treasurer shall deliver proper vouchers therefor.

58-08-04. Treasurer to keep account of receipts and disbursements — Deliver books, property, and moneys to successor.

Each township treasurer shall keep, in a book provided for that purpose at the expense of the township, a true account of all moneys which the township treasurer receives or disburses by virtue of that office. The township treasurer shall present such account, with the treasurer’s vouchers, to the board of township supervisors at its meeting on the second Tuesday in March for adjustment. On demand, the township treasurer shall deliver to the person’s successor in office all books and property belonging to the township treasurer’s office and the balance of all moneys in that person’s hands as treasurer.

58-08-05. Treasurer to make annual statement — Contents — Where filed.

The township treasurer shall prepare an annual statement of receipts and disbursements for the period January first to December thirty-first of each year. The statement must include the amount, date, source, and fund credited for each receipt and the amount, date, payee, purpose, and fund debited for each disbursement. The statement must include the beginning and ending balances of moneys held by the township. After the statement has been reviewed at the annual township meeting, it must be filed in the office of the township clerk. If the offices of township clerk and treasurer have been merged, such statement must be filed with the chairman of the board of township supervisors. A duplicate of the statement at the same time must be filed by the township treasurer with the county auditor.

58-08-06. Penalty for neglect of duty — Action to recover forfeiture.

Each township treasurer who refuses or neglects to comply with sections 58-08-02 through 58-08-05 shall forfeit not more than two thousand dollars to be recovered in a civil action brought in the district court in the name of the person who prosecutes the action. The amount of the forfeiture must be fixed by the jury, and one-half of the recovery must be paid to the person prosecuting the action, and the remainder of the recovery must be paid to the township of which the delinquent person is or has been treasurer.

58-08-07. Warrant record — Endorsement of warrants not paid.

Each township treasurer shall keep a suitable book to be provided at the expense of the township in which the township treasurer shall register serially all township warrants which are presented for payment and which cannot be paid for want of funds. When such warrants are presented to the township treasurer and cannot be paid for want of funds, the township treasurer shall endorse upon the back of each the words “not paid for want of funds”, giving the date of such endorsement, and shall sign that person’s name to such endorsement as township treasurer. When so endorsed, each warrant must bear interest from that date until it has been called for payment. Such warrants must be paid in the order in which they are presented for payment and registered out of the first moneys that come into the treasurer’s hands for such purposes.

58-08-08. Township moneys to be deposited in township name — Penalty.

A township treasurer may not deposit, in that person’s own name, moneys belonging to the township in any bank, savings bank, trust company, or other fiduciary institution. All township moneys must be deposited in the name of the township and any interest on such moneys must be credited to the township fund. Any person violating any provision of this section is guilty of a class A misdemeanor.

58-09-01. Assessor must be voter and owner of real estate. [Repealed]

Repealed by S.L. 1973, ch. 450, § 4; 1973, ch. 492, § 4.

58-09-02. Compensation of assessor.

The township assessor is entitled to compensation for services in the sum determined by the board of township supervisors for the time actually and necessarily employed in making and completing the assessment of the township and mileage at a rate not exceeding the allowable mileage rate accepted by the United States internal revenue service for each mile [1.61 kilometers] necessarily traveled in the performance of the duties of office. The compensation must be paid out of the township treasury upon an itemized statement setting forth the actual time spent in the work of assessor, approved by the board of township supervisors.

58-09-03. Assessors — How governed.

The township assessor must be governed by, and shall make assessments and returns as provided in, title 57.

58-10-01. Jurisdiction of township justices. [Repealed]

Repealed by omission from this code.

58-10-02. Proceedings before township justices. [Repealed]

Repealed by omission from this code.

58-10-03. General powers of constable — Fees. [Repealed]

Repealed by S.L. 1989, ch. 161, § 12.

58-10-04. Powers of constables to arrest for disorderly conduct in a city. [Repealed]

Repealed by S.L. 1989, ch. 161, § 12.

58-10-05. Person convicted of violating township bylaw confined in township jail. [Repealed]

Repealed by S.L. 1989, ch. 161, § 12.

58-11-01. Township board of auditors — Members — Duties.

The board of township supervisors shall constitute a board of auditors for the purpose of auditing all accounts payable by the township. Two members of the board of township supervisors acting as the board of auditors constitute a quorum.

58-11-02. Meetings of board of auditors — When held — Duties.

The board of auditors shall meet on the second Tuesday in March and on the second Monday in June in each year and at such other times as it deems necessary and expedient for the purpose of auditing and settling all charges against the township. It shall state on each account the amount allowed by it, but no allowance may be made for any account which does not state specifically each item and the nature thereof.

58-11-03. Auditing accounts of treasurer and other township officers.

At its meeting on the second Tuesday of March in each year, the board of auditors shall examine and audit the accounts of the township treasurer for all moneys received and disbursed. At the meeting, the board shall audit the accounts of all other township officers who are authorized to receive or disburse money of the township. If a new treasurer has been elected at the annual meeting, the board of auditors shall audit the final statement of the outgoing treasurer at a meeting on the fourth Tuesday in March.

58-11-04. Board to report accounts audited and allowed and budget for ensuing year.

The board of auditors shall make a report stating in detail the items of account audited and allowed, the nature of each account, and the name of the person to whom such account was allowed. It shall also prepare a statement of the fiscal concerns of the township and an estimate of the sum necessary for the current and incidental expenses thereof for the ensuing year.

58-11-05. Report to be read at township meeting — Reference to committee.

The report of the board of auditors must be produced and must be read publicly by the township clerk at the next ensuing township meeting, and the whole or any portion of such report may be referred by order of the meeting to a committee whose duty it is to examine the same and report thereon to the meeting.

58-11-06. Treasurer shall pay all orders.

The amount of any account audited and allowed by the board of auditors and the amount of any account voted to be allowed at any township meeting must be paid by the township treasurer on the order of the board signed by the chairman and countersigned by the clerk of the township. Approval of any account audited and allowed by the board must be recorded in the record of its proceedings and this is sufficient to indicate approval without requiring a majority of the board to sign or initial the voucher or order for payment. All orders issued to any person by the board for any sum due from such township shall be receivable in payment of the township taxes of such township.

58-12-01. Township overseer of highways — Appointment.

The board of township supervisors, at its meeting on the fourth Tuesday in March, shall appoint one township overseer of highways who must be a practical roadbuilder.

58-12-02. Compensation of overseer.

The compensation of the overseer must be fixed by the board of township supervisors and must be paid on the presentation of a proper claim at the meeting of the board on the last Tuesday in October.

58-12-03. Duties of the overseer.

The township overseer of highways shall:

1. Have direct charge of the construction and maintenance of all township highways and bridges, whether the work done is by contract or day labor.
2. Be responsible for the maintenance of the township highways throughout the entire year.
3. Repealed by S.L. 1951, ch. 178, § 5.
4. Execute all lawful orders of the board of township supervisors.

58-12-04. Assistant overseers of highways.

Upon the recommendation of the overseer, the board of township supervisors may appoint one or more assistant overseers of highways. An assistant overseer shall work under the direction of the overseer and the board of township supervisors.

58-12-05. Township overseer of highways ex officio deputy county superintendent of highways.

In counties having a county superintendent of highways, the township overseer of highways is ex officio deputy county superintendent of highways for that township.

58-12-06. Overseer prohibited from taking contract work — Penalty. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

58-12-07. Penalty for neglect to perform duties.

Every overseer who refuses or neglects to perform any of the duties which are required of the overseer shall forfeit the sum of ten dollars for each such refusal or neglect which is recoverable in a civil action brought by the township and which must be used in making and improving the township roads.

58-13-01. Poundmaster to have direction of pound.

Any pound established by the township electors must be under the care and direction of a poundmaster appointed by the board of township supervisors. If a poundmaster is not appointed, the chairman of the board of township supervisors may contract with the county sheriff to perform the duties. The poundmaster shall enforce the ordinances, bylaws, or resolutions enacted by the board of township supervisors.

58-13-02. Fees of poundmaster. [Repealed]

Repealed by S.L. 1989, ch. 559, § 7.

58-13-03. Poundmaster — Lien for charges and expenses.

The poundmaster has a lien on every animal taken into the pound for the full amount of the poundmaster’s actual charges and expenses and is entitled to the possession of any animal until the charges and expenses are paid.

58-13-04. Notice of impoundment — Foreclosure of lien.

If the actual charges and expenses of the poundmaster are not paid and the animals are not removed within five days after they are impounded, the poundmaster shall give notice by publication in the official newspaper of the township if one has been designated or, if one has not been designated, in the official newspaper of the county in which the animals are impounded. The notice must provide that unless the animals are removed and the charges and expenses paid within ten days after the date of the notice, the poundmaster shall sell the animals at a public sale, as provided in the notice. On the day designated in the notice, the poundmaster shall expose the animals for sale and sell them to the highest bidder.

58-13-05. Humane treatment of animals — Poundmaster may destroy worthless animals.

The poundmaster shall provide humane treatment and care for any animal in the pound. If any animal taken up by the poundmaster is deemed by the poundmaster to be worthless and cannot be sold, the poundmaster may offer the animal for adoption. If after five days the animal has not been adopted, the poundmaster shall destroy the animal and dispose of it. The board of township supervisors shall pay the poundmaster out of the general fund of the township.

58-13-06. Disposition of proceeds of sale.

Out of the money realized from the sale of any impounded animals, the poundmaster shall deduct all of the poundmaster’s legal fees and charges and shall deliver the balance, if any, to the chairman of the board of township supervisors, with an accurate description of the animals sold and the amount received by the poundmaster for each animal. The board of township supervisors shall give the poundmaster a receipt in duplicate for the money paid to it and the poundmaster shall file one of the receipts with the township clerk. The board, at any time within six months after the sale of the animals and upon sufficient proof from the owner of any animal sold, shall pay to the owner the amount received from the poundmaster. If the money is not claimed within six months after the sale, the sum received must be retained for the use of the township.

58-13-07. Pounds may be established in unorganized or dissolved townships.

Upon the petition of a majority of the qualified electors of an unorganized township or a township dissolved as a civil township, the board of county commissioners shall have the same power to establish and regulate pounds as the qualified electors and supervisors of an organized township.

58-13-08. Immunity from liability.

A poundmaster or an agent of the poundmaster who has custody of an animal under this chapter, is acting in an official capacity, and making a good-faith effort to comply with this chapter is immune from any civil or criminal liability for acts taken or omitted while attempting to comply with this chapter.

58-13-09. Estray — Notification of North Dakota stockmen’s association.

If the poundmaster comes into possession of any animal that the poundmaster believes is an estray, the poundmaster shall contact the brand inspector and deliver or arrange for the delivery of the animal to a licensed livestock auction market. The brand inspector shall provide for the disposition of the animal under chapter 36-22. The poundmaster may recover charges and expenses for the delivery of the estray.

58-14-01. Action by or against township — Procedure — Effect and judgment.

Whenever any controversy or claim for relief exists between townships or between a township and a person, a civil action may be commenced and prosecuted for the purpose of trying and determining the controversy. The action must be conducted as any other action or proceeding of a similar kind is conducted.

58-14-02. Township to sue and be sued in its name.

In all actions and proceedings, the township shall sue and be sued in its name.

58-14-03. Supervisors of township to provide for defense.

When a township is sued, the member of the board of township supervisors upon whom service of process is made shall call a special meeting of the board within six days after service. At the special meeting, the board shall provide for the defense of the action and employ counsel for that purpose. The expense of the defense must be audited by the board and paid out of any unappropriated funds in the township treasury.

58-14-04. Action on behalf of township cannot be brought before township justice. [Repealed]

Repealed by omission from this code.

58-14-05. Recovery in cases of trespass.

If it appears, on the trial of an action brought by a township to recover a penalty imposed for trespass committed on township lands, that the actual amount of injury to the township lands exceeds the sum of twelve dollars and fifty cents, the amount of actual damage with costs of the suit must be recovered in such action instead of the penalty imposed by the township bylaws. Such recovery is a bar to all other actions for the same trespass.

58-14-06. Payment of judgment against township.

When a judgment is recovered against any township, an execution may not be issued upon the judgment, but the judgment, unless reversed or stayed on appeal, must be paid by the township treasurer upon demand and the delivery to the township treasurer of a certified copy of the docket of the judgment if there is sufficient money of the township in the treasurer’s hands not otherwise appropriated. If the treasurer, after having been ordered to pay such judgment by the board of township supervisors, fails to pay it when there is sufficient unappropriated money on hand with which to do so, the township treasurer personally is liable for the amount unless collection thereof afterwards is stayed upon appeal.

58-14-07. When judgment against township is not satisfied supervisors to make levy.

When a certified copy of an unsatisfied final judgment entered against a township is presented to the annual meeting of the township, the board of township supervisors shall make a levy in an amount sufficient to pay such judgment and shall certify the levy to the county auditor for computation and collection as other township taxes are levied and collected.

58-14-08. When execution may issue on judgment against township.

If the township makes a levy for the payment of a judgment, the moneys derived from such levy shall be used for no other purpose. If the amount received by the township treasurer from the county treasurer on such levy is not paid upon such judgment within thirty days after its receipt, execution may be issued, but only township property is subject to levy.

58-15-01. Petition for police officer in townsite — Contents of petition. [Repealed]

58-15-02. Tax levy for police officer — Certification — Extension. [Repealed]

58-15-03. Bond of police officer — Removal by board. [Repealed]

58-15-04. Powers, duties, and authority of police officer. [Repealed]

58-15-05. Police officer paid monthly. [Repealed]

58-15-06. When tax levy and appointment not to be made. [Repealed]

58-15-07. Collection, payment, and account of taxes. [Repealed]

58-16-01. Petition for construction of sidewalks or installation of streetlights in unincorporated townsites — Contents — Ordering construction or installation.

When a majority of the lot owners on any street in any block within the platted limits of an unincorporated townsite shall petition the board of supervisors of the township in which the unincorporated townsite, or the greater portion thereof, is situated, praying that a sidewalk be constructed or streetlights be installed along the side of a street or thoroughfare within the platted limits described in the petition, the board, by resolution, shall order the construction of the sidewalk or a portion thereof by the owner of the land along which the sidewalk is to be built, if it appears that the sidewalk described and prayed for in the petition is necessary to connect sidewalks already built or that public convenience and necessity require its construction, and shall order and make all necessary contracts and arrangements for the installation of streetlights if the public convenience or necessity require the installation.

58-16-02. Notice to owner to construct sidewalk — Failure to construct.

Two publications of the resolution provided in section 58-16-01 in a paper printed or published in the unincorporated townsite are sufficient notice to the owner of the land along which the sidewalk is to be built to construct the same. If no newspaper is published in the unincorporated townsite, the resolution must be published in a newspaper in the municipality nearest to the unincorporated townsite. If the owner fails to construct a fully completed sidewalk within thirty days after the last publication of the resolution, the board of township supervisors shall cause such portion of the sidewalk as has not been built by the owners of the lands to be built at the expense of the owners upon contract or in such manner as the board may determine.

58-16-03. Assessment and levy upon property — Form.

The board of township supervisors shall assess and levy upon each lot or parcel of land along which the sidewalk has been built by the township a sum sufficient to cover the cost of the construction thereof and shall assess and levy against each lot or parcel of land benefited by the installation of streetlights by the township. The assessment must be in substantially the following form:

The board of supervisors of the township of assesses upon and levies against the several parcels of land hereinafter described the respective sums of money set against each lot or parcel. This assessment is made to defray the cost of a sidewalk or streetlights along the side of to in accordance with the resolution of the board of township supervisors passed on , , and duly published in on , . The amount assessed against and levied upon each lot or parcel being the amount that it cost to construct or reconstruct the sidewalk along and fronting upon the same lot or parcel of land. When streetlights are installed the cost of the installation must be assessed and levied against all lots or parcels of land that benefit from the streetlights. Name of Owner, if known Description of land Amount Lot Block Dollars Cents Done at a meeting of the board of supervisors of the township of on , . Chairman Attest: Township Clerk

Click to view

58-16-04. Petition for repair or reconstruction of a sidewalk or streetlights — Procedure followed.

If the petition described in section 58-16-01 prays for the repair or reconstruction of a sidewalk or streetlights, the same procedure must be had as is prescribed for the construction of new sidewalks or streetlights.

58-16-05. Township supervisors to prescribe material for construction or repair of sidewalks or streetlights and the type of light fixture to be used.

The board of township supervisors shall prescribe the material of which the sidewalks must be constructed or with which they must be repaired, or the type of light fixture or equipment used or with which they must be prepared. Whenever a sidewalk to be constructed as provided in this chapter connects sidewalks already in existence, the new sidewalk must be constructed, as nearly as practicable, of the same material as the sidewalks which it connects.

58-17-01. Townships — Authority to acquire, operate, and regulate parks.

Any township may acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police any park either within or without the geographic limits of such township and may use for such purposes any available property owned or controlled or occupied for the purpose or purposes enumerated in this chapter. Any such park must be declared to be acquired, owned, leased, controlled, or occupied for a public purpose in accordance with public need.

58-17-02. Townships — Parks — Funding for park purposes.

In townships supporting parks, funding may be provided from revenues derived from the general fund levy authority of the township for park purposes.

58-17-03. Townships — Parks — Tax levy may be certified by board of supervisors.

The board of township supervisors may certify annually to the county auditor the amount of tax to be levied by such township for park purposes in the same manner as provided by law for other township levies. The proceeds of such taxes must be deposited in a special fund or account into which other park revenues of the township are deposited and may be expended by the township only for park purposes.

58-18-01. Power of townships to defray expenses of improvements by special assessment.

A township, upon complying with the provisions of this chapter, may defray the expenses of improvements through special assessment districts.

58-18-02. Improvement districts to be created.

For the purpose of making an improvement project and defraying the cost by special assessment, a board of township supervisors may create an improvement district upon petition of sixty percent of the freeholders in a proposed improvement district area. The improvement district must be designated by a name appropriate to the type of improvement and by a number distinguishing it from other improvement districts.

58-18-03. Size and form of improvement districts.

Each improvement district must be of such size and form as to include all properties, which in the judgment of the board of township supervisors will be benefited by the construction of the improvement project that is proposed to be made in or for the district.

58-18-04. Approval of plans, specifications, and cost estimates — Special meeting.

After an improvement district has been created, the board of township supervisors shall direct a competent engineer to prepare a report as to the general nature, purpose, and feasibility of the proposed improvement and an estimate of the probable cost of the work. The board of township supervisors shall provide thirty days’ written notice by first-class mail to each freeholder within the improvement district at the address shown on the records of the county treasurer and shall publish a notice in a legal newspaper published in the township or, if there is no such newspaper, then in the county’s official newspaper at least ten days prior to a special meeting for public disclosure of the findings of the engineer.

58-18-05. Election for proceeding.

At the special township meeting for public disclosure of the findings of the engineer, the freeholders of the township in attendance are entitled to vote on the question of whether to proceed with the improvement project. Upon approval by sixty percent or more of the votes cast at the meeting or votes filed with the township clerk within fifteen days after the meeting, the improvement project may proceed. A freeholder affected by the project is entitled to one vote for each dollar of the proposed special assessment against the freeholder’s property within the proposed improvement district. If there is more than one owner of a parcel of property, the votes available for the parcel must be prorated among the owners in accordance with each owner’s percentage interest in the property. If fewer than sixty percent of the votes cast or filed on the question approve the project, the election result is a bar against proceeding further with the improvement project described in the plans and specifications. An election result barring proceeding further with the improvement project does not preclude the payment of any costs incurred in developing the plans, specifications, cost estimates, or other costs which must be paid from the general fund of the township. If the costs incurred pose a financial burden on the general levy of a township of forty percent or more, the board of township supervisors may levy and collect assessments from the improvement district in yearly assessments not exceeding five years. If under forty percent, the township may use methods approved by law.

58-18-06. Election approval of project — Assessment levy.

If the election under this chapter results in approval of a project, the board of township supervisors may cause the improvement to be made and may levy and collect assessments from the improvement district.

58-18-07. Appeal notice — Special meeting — Assessment determination — Limitations.

Any aggrieved freeholder may appeal the special assessment against the freeholder’s real property by providing the township clerk a written notice of appeal, stating the grounds upon which the appeal is based, within twenty days after the special township meeting. The clerk shall notify the township board of supervisors of the appeal and schedule a special meeting to hear the appeals by publishing a notice of the special meeting at least ten days before the meeting in a legal newspaper published in the township or, if no such newspaper exists, in the county’s official newspaper. Any aggrieved freeholder who submitted an appeal may be heard and may present reasons to change the freeholder’s assessment at the special meeting. The board of township supervisors may hear the appeals and reasons and may increase or diminish any of the assessments as it may deem just, providing that the total amount of the assessments may not be changed and an assessment as adjusted may not exceed the benefits to the parcel of land on which it is assessed.

58-18-08. Financing of special improvements — Procedure.

When it is proposed to finance in whole or in part the construction of a project with funds raised through the collection of special assessments, the township has 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 township shall comply with the provisions of those chapters regarding the issuance and sale of warrants and bonds for financing improvements. Whenever action is required of city officials in those chapters, the comparable township officials shall take the action.