11-01-01. Names and boundaries.

Sections 11-01-02 through 11-01-54 shall be deemed to show the names and boundaries of the several counties of this state, and such names and boundaries shall be and remain as now fixed and determined until changed in the manner provided by law.

Source: R.C. 1943, § 11-0101.

Cross-References.

Counties in North Dakota after it became a state, see N.D. Const., Art. VII, § 3.

Existing boundaries to remain after code takes effect, see N.D.C.C. § 1-02-31.

Collateral References.

Withdrawal of name from petition, for change of county seat, or revocation or withdrawal, and time therefor, 27 A.L.R.2d 604.

11-01-02. Adams County.

Beginning at the southwest corner of township one hundred twenty-nine north, range ninety-eight west of the fifth principal meridian, a point on the seventh standard parallel; thence east along the seventh standard parallel to the southeast corner of township one hundred twenty-nine north, range ninety-one west; thence north along the line between ranges ninety and ninety-one west to the northeast corner of township one hundred thirty-one north, range ninety-one west; thence west along the line between townships one hundred thirty-one and one hundred thirty-two to the southeast corner of township one hundred thirty-two north range ninety-five west; thence north along the line between ranges ninety-four and ninety-five west to the northeast corner of township one hundred thirty-two north, range ninety-five west, a point on the eighth standard parallel; thence west along the eighth standard parallel to the northwest corner of township one hundred thirty-two north, range ninety-eight west; thence south along the line between ranges ninety-eight and ninety-nine west to the point of beginning.

Source: R.C. 1943, § 11-0102. Governor’s proclamation after election in 1906. The proclamation is filed in the office of secretary of state. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-03. Barnes County.

Beginning at the southwest corner of township one hundred thirty-seven north, range sixty-one west of the fifth principal meridian, a point on the ninth standard parallel; thence east along the ninth standard parallel to the southeast corner of township one hundred thirty-seven north, range fifty-six west; thence north along the line between ranges fifty-five and fifty-six to the tenth standard parallel; thence west along the tenth standard parallel to the southeast corner of township one hundred forty-one north, range fifty-six west; thence continuing north along the line between ranges fifty-five and fifty-six west to the northeast corner of township one hundred forty-three north, range fifty-six west; thence west along the line between townships one hundred forty-three and one hundred forty-four north to the northwest corner of township one hundred forty-three north, range sixty-one west; thence south along the line between ranges sixty-one and sixty-two west to the tenth standard parallel; thence east along the tenth standard parallel to the northwest corner of township one hundred forty north, range sixty-one west; thence continuing south along the line between ranges sixty-one and sixty-two west to the point of beginning.

Source: S.L. 1875, ch. 30, § 4; R.C. 1943, § 11-0103. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-04. Benson County.

Beginning at the southwest corner of township one hundred fifty-one north, range seventy-one west of the fifth principal meridian; thence east along the line between townships one hundred fifty and one hundred fifty-one north to the southeast corner of township one hundred fifty-one north, range sixty-two west; thence north along the line between ranges sixty-one and sixty-two to a point one thousand three hundred twenty feet, more or less, south of the northeast corner of section twelve, township one hundred fifty-one north, range sixty-two west, the same being the quarter quarter line; thence due west along said quarter quarter line to point where said quarter quarter line intersects the east boundary of the Devils Lake Indian Reservation; thence northerly along said boundary line to the southeast corner of lot five, section ten, township one hundred fifty-one, range sixty-two; thence due west along the south line of said lot five and thence due west on the quarter quarter line to a point where said quarter quarter line intersects the meander line of East Devils Lake; thence southerly along said meander line to the southern extremity of said meander line on said East Devils Lake as re-established by the United States department of the interior in surveys accepted in 1972; thence in a northwesterly direction along said south meander line of East Devils Lake and Devils Lake to the point of intersection of the thirteenth standard parallel with the meander line of Devils Lake in section thirty-one, township one hundred fifty-three north, range sixty-five west; thence west along said thirteenth standard parallel to the intersection of the range line between ranges sixty-five and sixty-six west; thence north along said range line to the northeast corner of township one hundred fifty-three north, range sixty-six west; thence west along the line between townships one hundred fifty-three and one hundred fifty-four north to a point on the west meander line of Devils Lake as re-established by the United States department of the interior in surveys accepted in 1972; thence in a northwesterly direction along said meander line to a point where said meander line intersects the center of Mauvaise Coulee; thence in a northwesterly direction along the center of Mauvaise Coulee to a point where said centerline intersects the range line between ranges sixty-six and sixty-seven west; thence north along said range line to the northeast corner of township one hundred fifty-six north, range sixty-seven west, a point on the fourteenth standard parallel; thence west along the fourteenth standard parallel to the northwest corner of township one hundred fifty-six north, range seventy-one west; thence south along the line between ranges seventy-one and seventy-two west to the southwest corner of township one hundred fifty-three north, range seventy-one west, a point on the thirteenth standard parallel; thence east along the thirteenth standard parallel to the northwest corner of township one hundred fifty-two north, range seventy-one west; thence continuing south along the line between ranges seventy-one and seventy-two west to the point of beginning.

Source: S.L. 1885, ch. 32, § 2; R.C. 1943, § 11-0104; S.L. 1983, ch. 146, § 1. General highways and transportation maps prepared by the North Dakota state highway department. Maps of United States Geological Survey.

11-01-05. Billings County.

Beginning at the southwest corner of township one hundred thirty-seven north, range one hundred two west of the fifth principal meridian, a point on the ninth standard parallel; thence east along the ninth standard parallel to the southeast corner of township one hundred thirty-seven north, range one hundred west; thence north along the line between ranges ninety-nine and one hundred west to the northeast corner of township one hundred forty north, range one hundred west, a point on the tenth standard parallel; thence east along the tenth standard parallel to the southeast corner of township one hundred forty-one north, range ninety-eight west; thence north along the line between ranges ninety-seven and ninety-eight west to the northeast corner of township one hundred forty-four north, range ninety-eight west, a point on the eleventh standard parallel; thence west along the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range one hundred two west; thence south along the line between ranges one hundred two and one hundred three west to the southwest corner of township one hundred forty-one north, range one hundred two west, a point on the tenth standard parallel; thence east along the tenth standard parallel to the northwest corner of township one hundred forty north, range one hundred two west; thence continuing south along the line between ranges one hundred two and one hundred three west to the point of beginning.

Source: S.L. 1903, ch. 67; R.C. 1943, § 11-0105. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-06. Bottineau County.

Beginning at the southwest corner of township one hundred fifty-nine north, range eighty-three west of the fifth principal meridian; thence east along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the southeast corner of township one hundred fifty-nine north, range eighty-one west; thence north along the line between ranges eighty and eighty-one west to the southwest corner of township one hundred sixty north, range eighty west; thence east along the line between townships one hundred fifty-nine and one hundred sixty north to the southeast corner of township one hundred sixty north, range seventy-six west; thence south along the line between ranges seventy-five and seventy-six west to the southwest corner of township one hundred fifty-nine north, range seventy-five west; thence east along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the southeast corner of township one hundred fifty-nine north, range seventy-four west; thence north along the line between ranges seventy-three and seventy-four west to the northeast corner of township one hundred sixty north, range seventy-four west, a point on the fifteenth standard parallel; thence west along the fifteenth standard parallel to the southeast corner of township one hundred sixty-one north, range seventy-four west; thence continuing north along the line between ranges seventy-three and seventy-four west to the international boundary line between the United States and Canada; thence west along the international boundary line to the line between ranges eighty-three and eighty-four west; thence south along the line between ranges eighty-three and eighty-four west to the southwest corner of township one hundred sixty-one north, range eighty-three west, a point on the fifteenth standard parallel; thence east along the fifteenth standard parallel to the northwest corner of township one hundred sixty north, range eighty-three west; thence continuing south along the line between ranges eighty-three and eighty-four west to the point of beginning.

Source: S.L. 1891, ch. 50, § 3; R.C. 1943, § 11-0106. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-07. Bowman County.

Beginning at the point where the boundary line between the states of North Dakota and Montana intersects the seventh standard parallel; thence east along the seventh standard parallel to the southeast corner of township one hundred twenty-nine north, range ninety-nine west of the fifth principal meridian; thence north along the line between ranges ninety-eight and ninety-nine west to the northeast corner of township one hundred thirty-two north, range ninety-nine west, a point on the eighth standard parallel; thence west along the eighth standard parallel to the boundary line between the states of North Dakota and Montana; thence south along said boundary line to the point of beginning.

Source: R.C. 1943, § 11-0107. Proclamation of the governor after an election in 1906. The proclamation is filed in the office of the secretary of state. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-08. Burke County.

Beginning at the southwest corner of township one hundred fifty-nine north, range ninety-four west of the fifth principal meridian; thence east along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the southeast corner of township one hundred fifty-nine north, range ninety west; thence north along the line between ranges eighty-nine and ninety west to the northeast corner of township one hundred sixty north, range ninety west, a point on the fifteenth standard parallel; thence east along the fifteenth standard parallel to the southeast corner of township one hundred sixty-one north, range eighty-nine west; thence north along the line between ranges eighty-eight and eighty-nine west to the northeast corner of township one hundred sixty-one north, range eighty-nine west; thence east along the line between townships one hundred sixty-one and one hundred sixty-two north to the southeast corner of township one hundred sixty-two north, range eighty-eight west; thence north along the line between ranges eighty-seven and eighty-eight west to the international boundary line between the United States and Canada; thence west along the international boundary line to the line between ranges ninety-four and ninety-five west; thence south along the line between ranges ninety-four and ninety-five west to the southwest corner of township one hundred sixty-one north, range ninety-four west, a point on the fifteenth standard parallel; thence east along the fifteenth standard parallel to the northwest corner of township one hundred sixty north, range ninety-four west; thence continuing south along the line between ranges ninety-four and ninety-five west to the point of beginning.

Source: R.C. 1943, § 11-0108. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-09. Burleigh County.

Beginning at the intersection of the main channel of the Missouri River with the ninth standard parallel; thence east along the ninth standard parallel to the southeast corner of township one hundred thirty-seven north, range seventy-five west of the fifth principal meridian; thence north along the line between ranges seventy-four and seventy-five west to the northeast corner of township one hundred forty north, range seventy-five west, a point on the tenth standard parallel; thence west along the tenth standard parallel to the southeast corner of township one hundred forty-one north, range seventy-five west; thence continuing north along the line between ranges seventy-four and seventy-five west to the northeast corner of township one hundred forty-four north, range seventy-five west, a point on the eleventh standard parallel; thence west on the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range seventy-nine west; thence south along the line between ranges seventy-nine and eighty west to the southwest corner of township one hundred forty-three north, range seventy-nine west; thence west along the line between townships one hundred forty-two and one hundred forty-three north to the main channel of the Missouri River; thence in a southerly direction along the main channel of the Missouri River to the point of beginning.

Source: S.L. 1873, ch. 18, § 16; R.C. 1943, § 11-0109. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-10. Cass County.

Beginning at the southwest corner of township one hundred thirty-seven north, range fifty-five west of the fifth principal meridian, a point on the ninth standard parallel; thence east along the ninth standard parallel to the present main channel of the Red River of the North; thence in a northerly direction along the present main channel of the Red River of the North to the intersection of the present main channel of the Red River of the North with the line between townships one hundred forty-three and one hundred forty-four north; thence west along the line between townships one hundred forty-three and one hundred forty-four north to the northwest corner of township one hundred forty-three north, range fifty-five west; thence south along the line between ranges fifty-five and fifty-six west to the southwest corner of township one hundred forty-one north, range fifty-five west, a point on the tenth standard parallel; thence east along the tenth standard parallel to the northwest corner of township one hundred forty north, range fifty-five west; thence continuing south along the line between ranges fifty-five and fifty-six west to the point of beginning.

Source: S.L. 1873, ch. 20, § 3; R.C. 1943, § 11-0110; S.L. 1963, ch. 108, § 1. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-11. Cavalier County.

Beginning at the southwest corner of township one hundred fifty-nine north, range sixty-four west of the fifth principal meridian; thence east along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the southeast corner of township one hundred fifty-nine north, range fifty-seven west; thence north along the line between ranges fifty-six and fifty-seven west to the northeast corner of township one hundred sixty north, range fifty-seven west, a point on the fifteenth standard parallel; thence west along the fifteenth standard parallel to the southeast corner of township one hundred sixty-one north, range fifty-seven west; thence continuing north along the line between ranges fifty-six and fifty-seven west to the international boundary line between the United States and Canada; thence west along the international boundary line to the line between ranges sixty-four and sixty-five west; thence south along the line between ranges sixty-four and sixty-five west to the southwest corner of township one hundred sixty-one north, range sixty-four west, a point on the fifteenth standard parallel; thence east along the fifteenth standard parallel to the northwest corner of township one hundred sixty north, range sixty-four west; thence continuing south along the line between ranges sixty-four and sixty-five west to the point of beginning.

Source: S.L. 1883, ch. 37, § 3; 1887, ch. 182, § 1; R.C. 1943, § 11-0111. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-12. Dickey County.

Beginning at the southwest corner of township one hundred twenty-nine north, range sixty-six west of the fifth principal meridian, a point on the seventh standard parallel; thence east along the seventh standard parallel to the southeast corner of township one hundred twenty-nine north, range fifty-nine west; thence north along the line between ranges fifty-eight and fifty-nine west to the northeast corner of township one hundred thirty-two north, range fifty-nine west, a point on the eighth standard parallel; thence west along the eighth standard parallel to the northwest corner of township one hundred thirty-two north, range sixty-six west; thence south along the line between ranges sixty-six and sixty-seven west to the point of beginning.

Source: S.L. 1881, ch. 40, § 1; R.C. 1943, § 11-0112. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-13. Divide County.

Beginning at the point where the boundary line between the states of North Dakota and Montana intersects the line between townships one hundred fifty-nine and one hundred sixty north; thence east along the line between townships one hundred fifty-nine and one hundred sixty north to the southeast corner of township one hundred sixty north, range ninety-five west of the fifth principal meridian; thence north along the line between ranges ninety-four and ninety-five west to the northeast corner of township one hundred sixty north, range ninety-five west, a point on the fifteenth standard parallel; thence west along the fifteenth standard parallel to the southeast corner of township one hundred sixty-one north, range ninety-five west; thence continuing north along the line between ranges ninety-four and ninety-five west to the international boundary line between the United States and Canada; thence west along the international boundary line to the boundary line between the states of North Dakota and Montana; thence south along the boundary line between the states of North Dakota and Montana to the point of beginning.

Source: R.C. 1943, § 11-0113. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-14. Dunn County.

Beginning at the southwest corner of township one hundred forty-one north, range ninety-seven west of the fifth principal meridian, a point on the tenth standard parallel; thence east along the tenth standard parallel to the southeast corner of township one hundred forty-one north, range ninety-four west; thence north along the line between ranges ninety-three and ninety-four west to the northeast corner of section twenty-five, township one hundred forty-one north, range ninety-four west; thence east along a line parallel to and two miles [3.22 kilometers] distant in a northerly direction from the tenth standard parallel to the southeast corner of section twenty-four, township one hundred forty-one north, range ninety-one west; thence north along the line between ranges ninety and ninety-one west to the northeast corner of township one hundred forty-four north, range ninety-one west, a point on the eleventh standard parallel; thence west along the eleventh standard parallel to the southeast corner of township one hundred forty-five north, range ninety-one west; thence continuing north along the range line between ranges ninety and ninety-one west to the main channel of the Missouri River; thence in a northwesterly direction along the main channel of the Missouri River to the intersection of the main channel of the Missouri River with the line between ranges ninety-three and ninety-four west; thence south along the line between ranges ninety-three and ninety-four west to the southwest corner of township one hundred forty-nine north, range ninety-three west, a point on the twelfth standard parallel; thence west along the twelfth standard parallel to the northwest corner of township one hundred forty-eight north, range ninety-seven west; thence south along the line between ranges ninety-seven and ninety-eight west to the southwest corner of township one hundred forty-five north, range ninety-seven west, a point on the eleventh standard parallel; thence east along the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range ninety-seven west; thence continuing south along the line between ranges ninety-seven and ninety-eight west to the point of beginning.

Source: R.C. 1943, § 11-0114. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-15. Eddy County.

Beginning at the southwest corner of township one hundred forty-eight north, range sixty-seven west of the fifth principal meridian; thence east along the line between townships one hundred forty-seven and one hundred forty-eight north to the southeast corner of township one hundred forty-eight north, range sixty-two west; thence north along the line between ranges sixty-one and sixty-two west to the northeast corner of township one hundred forty-eight north, range sixty-two west, a point on the twelfth standard parallel; thence west along the twelfth standard parallel to the southeast corner of township one hundred forty-nine north, range sixty-two west; thence continuing north along the line between ranges sixty-one and sixty-two west to the northeast corner of township one hundred fifty north, range sixty-two west; thence west along the line between townships one hundred fifty and one hundred fifty-one north to the northwest corner of township one hundred fifty north, range sixty-seven west; thence south along the line between ranges sixty-seven and sixty-eight west to the southwest corner of township one hundred forty-nine north, range sixty-seven west, a point on the twelfth standard parallel; thence east along the twelfth standard parallel to the northwest corner of township one hundred forty-eight north, range sixty-seven west; thence continuing south along the line between ranges sixty-seven and sixty-eight to the point of beginning.

Source: S.L. 1885, ch. 15, § 1; R.C. 1943, § 11-0115. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-16. Emmons County.

Beginning at the point where the seventh standard parallel intersects the main channel of the Missouri River; thence east along the seventh standard parallel to the southeast corner of township one hundred twenty-nine north, range seventy-four west of the fifth principal meridian; thence north along the line between ranges seventy-three and seventy-four west to the northeast corner of township one hundred thirty-two north, range seventy-four west, a point on the eighth standard parallel; thence west along the eighth standard parallel to the southeast corner of township one hundred thirty-three north, range seventy-four west; thence continuing north along the line between ranges seventy-three and seventy-four west to the northeast corner of township one hundred thirty-six north, range seventy-four west, a point on the ninth standard parallel; thence west along the ninth standard parallel to the main channel of the Missouri River; thence in a southerly direction along the main channel of the Missouri River to the point of beginning.

Source: S.L. 1879, ch. 11, § 2; R.C. 1943, § 11-0116. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-17. Foster County.

Beginning at the southwest corner of township one hundred forty-five north, range sixty-seven west of the fifth principal meridian, a point on the eleventh standard parallel; thence east along the eleventh standard parallel to the southeast corner of township one hundred forty-five north, range sixty-two west; thence north along the line between ranges sixty-one and sixty-two west to the northeast corner of township one hundred forty-seven north, range sixty-two west; thence west along the line between townships one hundred forty-seven and one hundred forty-eight north to the northwest corner of township one hundred forty-seven north, range sixty-seven west; thence south along the line between ranges sixty-seven and sixty-eight west to the point of beginning.

Source: S.L. 1885, ch. 15, § 2; R.C. 1943, § 11-0117. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-18. Golden Valley County.

Beginning at the point where the boundary line between the states of North Dakota and Montana intersects the line between townships one hundred thirty-five and one hundred thirty-six north; thence east along the line between townships one hundred thirty-five and one hundred thirty-six north to the southeast corner of township one hundred thirty-six north, range one hundred five west of the fifth principal meridian; thence north along the line between ranges one hundred four and one hundred five west to the northeast corner of township one hundred thirty-six north, range one hundred five west, a point on the ninth standard parallel; thence east along the ninth standard parallel to the southeast corner of township one hundred thirty-seven north, range one hundred three west; thence north along the line between ranges one hundred two and one hundred three west to the northeast corner of township one hundred forty north, range one hundred three west, a point on the tenth standard parallel; thence west along the tenth standard parallel to the southeast corner of township one hundred forty-one north, range one hundred three west; thence continuing north along the line between ranges one hundred two and one hundred three west to the northeast corner of township one hundred forty-four north, range one hundred three west, a point on the eleventh standard parallel; thence west along the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range one hundred five west, a point on the boundary line between the states of Montana and North Dakota; thence south along the boundary line between the states of Montana and North Dakota to the point of beginning.

Source: R.C. 1943, § 11-0118. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-19. Grand Forks County.

Beginning at the southwest corner of township one hundred forty-nine north, range fifty-six west of the fifth principal meridian, a point on the twelfth standard parallel; thence east along the twelfth standard parallel to the main channel of the Red River of the North; thence in a northerly direction along the main channel of the Red River of the North to a point where the line between townships one hundred fifty-four and one hundred fifty-five north intersects the main channel of the Red River of the North; thence west along the line between townships one hundred fifty-four and one hundred fifty-five north to the northwest corner of township one hundred fifty-four north, range fifty-six west; thence south along the line between ranges fifty-six and fifty-seven west to the southwest corner of township one hundred fifty-three north, range fifty-six west, a point on the thirteenth standard parallel; thence east along the thirteenth standard parallel to the northwest corner of township one hundred fifty-two north, range fifty-six west; thence continuing south along the line between ranges fifty-six and fifty-seven west to the point of beginning.

Source: S.L. 1873, ch. 20, § 2; R.C. 1943, § 11-0119. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-20. Grant County.

Beginning at a point where the line between ranges ninety and ninety-one west of the fifth principal meridian intersects the main channel of the South Fork Cannonball River; thence in a northeasterly direction along the main channel of the South Fork Cannonball River and the Cannonball River to the intersection of the main channel of the Cannonball River with the eighth standard parallel; thence west along the eighth standard parallel to the southeast corner of township one hundred thirty-three north, range eighty-three west; thence north along the line between ranges eighty-two and eighty-three west to the northeast corner of township one hundred thirty-three north, range eighty-three west; thence west along the line between townships one hundred thirty-three and one hundred thirty-four north to the southeast corner of township one hundred thirty-four north, range eighty-five west; thence north along the line between ranges eighty-four and eighty-five to the northeast corner of township one hundred thirty-six north, range eighty-five west, a point on the ninth standard parallel; thence west along the ninth standard parallel to the southeast corner of township one hundred thirty-seven north, range eighty-eight west; thence north along the line between ranges eighty-seven and eighty-eight west to the northeast corner of township one hundred thirty-seven north, range eighty-eight west; thence west along the line between townships one hundred thirty-seven and one hundred thirty-eight north to the northwest corner of township one hundred thirty-seven north, range ninety west; thence south along the line between ranges ninety and ninety-one west to the southwest corner of township one hundred thirty-seven north, range ninety west, a point on the ninth standard parallel; thence east along the ninth standard parallel to the northwest corner of township one hundred thirty-six north, range ninety west; thence continuing south along the line between ranges ninety and ninety-one to the southwest corner of township one hundred thirty-three north, range ninety west, a point on the eighth standard parallel; thence east along the eighth standard parallel to the northwest corner of township one hundred thirty-two north, range ninety west; thence continuing south along the line between ranges ninety and ninety-one west to the point of beginning.

Source: R.C. 1943, § 11-0120. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-21. Griggs County.

Beginning at the southwest corner of township one hundred forty-four north, range sixty-one west of the fifth principal meridian; thence east along the line between townships one hundred forty-three and one hundred forty-four north to the southeast corner of township one hundred forty-four north, range fifty-eight west; thence north along the line between ranges fifty-seven and fifty-eight west to the northeast corner of township one hundred forty-four north, range fifty-eight west, a point on the eleventh standard parallel; thence west along the eleventh standard parallel to the southeast corner of township one hundred forty-five north, range fifty-eight west; thence continuing north along the line between ranges fifty-seven and fifty-eight west to the northeast corner of township one hundred forty-eight north, range fifty-eight west, a point on the twelfth standard parallel; thence west along the twelfth standard parallel to the northwest corner of township one hundred forty-eight north, range sixty-one west; thence south along the line between ranges sixty-one and sixty-two west to the southwest corner of township one hundred forty-five north, range sixty-one west, a point on the eleventh standard parallel; thence east along the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range sixty-one west; thence continuing south along the line between ranges sixty-one and sixty-two west to the point of beginning.

Source: S.L. 1881, ch. 41, § 1; R.C. 1943, § 11-0121. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-22. Hettinger County.

Beginning at the southwest corner of township one hundred thirty-three north, range ninety-seven west of the fifth principal meridian, a point on the eighth standard parallel; thence east along the eighth standard parallel to the northwest corner of township one hundred thirty-two north, range ninety-four west; thence south along the line between ranges ninety-four and ninety-five west to the southwest corner of township one hundred thirty-two north, range ninety-four west; thence east along the line between townships one hundred thirty-one and one hundred thirty-two north to the southeast corner of township one hundred thirty-two north, range ninety-one west; thence north along the line between ranges ninety and ninety-one west to the northeast corner of township one hundred thirty-two north, range ninety-one west, a point on the eighth standard parallel; thence west along the eighth standard parallel to the southeast corner of township one hundred thirty-three north, range ninety-one west; thence continuing north along the line between ranges ninety and ninety-one west to the northeast corner of township one hundred thirty-six north, range ninety-one west, a point on the ninth standard parallel; thence west along the ninth standard parallel to the northwest corner of township one hundred thirty-six north, range ninety-seven west; thence south along the line between ranges ninety-seven and ninety-eight west to the point of beginning.

Source: R.C. 1943, § 11-0122. Proclamation of Governor John Burke after election held in 1906. The proclamation is filed in the office of the secretary of state. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-23. Kidder County.

Beginning at the southwest corner of township one hundred thirty-seven north, range seventy-four west of the fifth principal meridian, a point on the ninth standard parallel; thence east along the ninth standard parallel to the southeast corner of township one hundred thirty-seven north, range seventy west; thence north along the line between ranges sixty-nine and seventy west to the northeast corner of township one hundred forty north, range seventy west, a point on the tenth standard parallel; thence west along the tenth standard parallel to the southeast corner of township one hundred forty-one north, range seventy west; thence continuing north along the line between ranges sixty-nine and seventy west to the northeast corner of township one hundred forty-four north, range seventy west, a point on the eleventh standard parallel; thence west along the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range seventy-four west; thence south along the line between ranges seventy-four and seventy-five west to the southwest corner of township one hundred forty-one north, range seventy-four west, a point on the tenth standard parallel; thence east along the tenth standard parallel to the northwest corner of township one hundred forty north, range seventy-four west; thence continuing south along the line between ranges seventy-four and seventy-five west to the point of beginning.

Source: S.L. 1885, ch. 23; R.C. 1943, § 11-0123. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-24. LaMoure County.

Beginning at the southwest corner of township one hundred thirty-three north, range sixty-six west of the fifth principal meridian, a point on the eighth standard parallel; thence east along the eighth standard parallel to the southeast corner of township one hundred thirty-three north, range fifty-nine west; thence north along the line between ranges fifty-eight and fifty-nine west to the northeast corner of township one hundred thirty-six north, range fifty-nine west, a point on the ninth standard parallel; thence west along the ninth standard parallel to the northwest corner of township one hundred thirty-six north, range sixty-six west; thence south along the line between ranges sixty-six and sixty-seven west to the point of beginning.

Source: S.L. 1883, ch. 24, § 1; R.C. 1943, § 11-0124. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-25. Logan County.

Beginning at the southwest corner of township one hundred thirty-three north, range seventy-three west of the fifth principal meridian, a point on the eighth standard parallel; thence east along the eighth standard parallel to the southeast corner of township one hundred thirty-three north, range sixty-seven west; thence north along the line between ranges sixty-six and sixty-seven west to the northeast corner of township one hundred thirty-six north, range sixty-seven west, a point on the ninth standard parallel; thence west along the ninth standard parallel to the northwest corner of township one hundred thirty-six north, range seventy-three west; thence south along the line between ranges seventy-three and seventy-four west to the point of beginning.

Source: S.L. 1873, ch. 18, § 14; R.C. 1943, § 11-0125. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-26. McHenry County.

Beginning at the southwest corner of township one hundred fifty-one north, range eighty west of the fifth principal meridian; thence east along the line between townships one hundred fifty and one hundred fifty-one north to the southeast corner of township one hundred fifty-one north, range seventy-five west; thence north along the line between ranges seventy-four and seventy-five west to the northeast corner of township one hundred fifty-two north, range seventy-five west, a point on the thirteenth standard parallel; thence west along the thirteenth standard parallel to the southeast corner of township one hundred fifty-three north, range seventy-five west; thence continuing north along the line between ranges seventy-four and seventy-five west to the northeast corner of township one hundred fifty-six north, range seventy-five west, a point on the fourteenth standard parallel; thence west along the fourteenth standard parallel to the southeast corner of township one hundred fifty-seven north, range seventy-five west; thence continuing north along the line between ranges seventy-four and seventy-five west to the northeast corner of township one hundred fifty-eight north, range seventy-five west; thence west along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the northeast corner of township one hundred fifty-eight north, range seventy-six west; thence north along the line between ranges seventy-five and seventy-six west to the northeast corner of township one hundred fifty-nine north, range seventy-six west; thence west along the line between townships one hundred fifty-nine and one hundred sixty north to the northwest corner of township one hundred fifty-nine north, range eighty west; thence south along the line between ranges eighty and eighty-one west to the southwest corner of township one hundred fifty-seven north, range eighty west, a point on the fourteenth standard parallel; thence east along the fourteenth standard parallel to the northwest corner of township one hundred fifty-six north, range eighty west; thence continuing south along the line between ranges eighty and eighty-one west to the southwest corner of township one hundred fifty-three north, range eighty west, a point on the thirteenth standard parallel; thence east along the thirteenth standard parallel to the northwest corner of township one hundred fifty-two north, range eighty west; thence continuing south along the line between ranges eighty and eighty-one west to the point of beginning.

Source: S.L. 1887, ch. 180; 1891, ch. 50, § 2; R.C. 1943, § 11-0126. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-27. McIntosh County.

Beginning at the southwest corner of township one hundred twenty-nine north, range seventy-three west of the fifth principal meridian, a point on the seventh standard parallel; thence east along the seventh standard parallel to the southeast corner of township one hundred twenty-nine north, range sixty-seven west; thence north along the line between ranges sixty-six and sixty-seven west to the northeast corner of township one hundred thirty-two north, range sixty-seven west, a point on the eighth standard parallel; thence west along the eighth standard parallel to the northwest corner of township one hundred thirty-two north, range seventy-three west; thence south along the line between ranges seventy-three and seventy-four west to the point of beginning.

Source: S.L. 1883, ch. 26, § 1; R.C. 1943, § 11-0127. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-28. McKenzie County.

Beginning at the point where the boundary line between the states of North Dakota and Montana intersects the eleventh standard parallel; thence east along the eleventh standard parallel to the southeast corner of township one hundred forty-five north, range ninety-eight west of the fifth principal meridian; thence north along the line between ranges ninety-seven and ninety-eight west to the northeast corner of township one hundred forty-eight north, range ninety-eight west, a point on the twelfth standard parallel; thence east along the twelfth standard parallel to the southeast corner of township one hundred forty-nine north, range ninety-four west; thence north along the line between ranges ninety-three and ninety-four west to the main channel of the Missouri River; thence in a northwesterly direction along the main channel of the Missouri River to a point where the boundary line between the states of North Dakota and Montana intersects the main channel of the Missouri River; thence south along the boundary line between the states of North Dakota and Montana to the point of beginning.

Source: S.L. 1905, ch. 73, §§ 1 to 8; R.C. 1905, §§ 2370 to 2376; C.L. 1913, §§ 3245 to 3249; R.C. 1943, § 11-0128. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-29. McLean County.

Beginning at the point where the line between ranges ninety-one and ninety-two west of the fifth principal meridian intersects the main channel of the Missouri River; thence in a general southeasterly direction along the main channel of the Missouri River to the line between townships one hundred forty-two and one hundred forty-three north; thence east along the line between townships one hundred forty-two and one hundred forty-three north to the southeast corner of township one hundred forty-three north, range eighty west; thence north along the line between ranges seventy-nine and eighty west to the northeast corner of township one hundred forty-four north, range eighty west, a point on the eleventh standard parallel; thence east along the eleventh standard parallel to the southeast corner of township one hundred forty-five north, range seventy-nine west; thence north along the line between ranges seventy-eight and seventy-nine west to the northeast corner of township one hundred forty-eight north, range seventy-nine west, a point on the twelfth standard parallel; thence east along the twelfth standard parallel to the southeast corner of township one hundred forty-nine north, range seventy-eight west; thence north along the line between ranges seventy-seven and seventy-eight west to the northeast corner of township one hundred fifty north, range seventy-eight west; thence west along the line between townships one hundred fifty and one hundred fifty-one north to the northwest corner of township one hundred fifty north, range ninety-one west; thence south along the line between ranges ninety-one and ninety-two west to the point of beginning.

Source: S.L. 1891, ch. 50, § 5; R.C. 1943, § 11-0129. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-30. Mercer County.

Beginning at the southwest corner of township one hundred forty-one north, range ninety west of the fifth principal meridian, a point on the tenth standard parallel; thence east along the tenth standard parallel to the southeast corner of township one hundred forty-one north, range eighty-eight west; thence north along the line between ranges eighty-seven and eighty-eight west to the northeast corner of township one hundred forty-three north, range eighty-eight west; thence east along the line between townships one hundred forty-three and one hundred forty-four north to the line between ranges eighty-three and eighty-four west; thence north along the line between ranges eighty-three and eighty-four west to the main channel of the Missouri River; thence in a general northwesterly direction along the main channel of the Missouri River to a point where the line between ranges ninety and ninety-one west intersects the main channel of the Missouri River; thence south along the line between ranges ninety and ninety-one west to the southwest corner of township one hundred forty-five north, range ninety west, a point on the eleventh standard parallel; thence east along the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range ninety west; thence continuing south along the line between ranges ninety and ninety-one west to the point of beginning.

Source: S.L. 1903, ch. 68; R.C. 1943, § 11-0130. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-31. Morton County.

Beginning at the southwest corner of township one hundred thirty-eight north, range ninety west of the fifth principal meridian; thence east along the line between townships one hundred thirty-seven and one hundred thirty-eight north to the northwest corner of township one hundred thirty-seven north, range eighty-seven west; thence south along the line between ranges eighty-seven and eighty-eight west to the southwest corner of township one hundred thirty-seven north, range eighty-seven west, a point on the ninth standard parallel; thence east along the ninth standard parallel to the northwest corner of township one hundred thirty-six north, range eighty-four west; thence south along the line between ranges eighty-four and eighty-five west to the southwest corner of township one hundred thirty-four north, range eighty-four west; thence east along the line between townships one hundred thirty-three and one hundred thirty-four north to the northwest corner of township one hundred thirty-three north, range eighty-two west; thence south along the line between ranges eighty-two and eighty-three west to the southwest corner of township one hundred thirty-three north, range eighty-two west, a point on the eighth standard parallel; thence east along the eighth standard parallel to the point where the eighth standard parallel intersects the main channel of the Cannonball River; thence in a northeasterly direction along the main channel of the Cannonball River to the main channel of the Missouri River; thence in a northerly direction along the main channel of the Missouri River to the intersection of the tenth standard parallel with the main channel of the Missouri River; thence west along the tenth standard parallel to the northwest corner of township one hundred forty north, range ninety west; thence south along the line between ranges ninety and ninety-one west to the point of beginning.

Source: S.L. 1891, ch. 50, § 9; 1897, ch. 79, §§ 1, 2; R.C. 1943, § 11-0131. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-32. Mountrail County.

Beginning at the southwest corner of township one hundred fifty-one north, range ninety-one west of the fifth principal meridian; thence east along the line between townships one hundred fifty and one hundred fifty-one north to the southeast corner of township one hundred fifty-one north, range eighty-eight west; thence north along the line between ranges eighty-seven and eighty-eight west to the northeast corner of township one hundred fifty-two north, range eighty-eight west, a point on the thirteenth standard parallel; thence west along the thirteenth standard parallel to the southeast corner of township one hundred fifty-three north, range eighty-eight west; thence continuing north along the line between ranges eighty-seven and eighty-eight west to the northeast corner of township one hundred fifty-six north, range eighty-eight west, a point on the fourteenth standard parallel; thence west along the fourteenth standard parallel to the southeast corner of township one hundred fifty-seven north, range eighty-eight west; thence continuing north along the line between ranges eighty-seven and eighty-eight west to the northeast corner of township one hundred fifty-eight north, range eighty-eight west; thence west along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the northwest corner of township one hundred fifty-eight north, range ninety-four west; thence south along the line between ranges ninety-four and ninety-five west to the southwest corner of township one hundred fifty-seven north, range ninety-four west, a point on the fourteenth standard parallel; thence east along the fourteenth standard parallel to the northwest corner of township one hundred fifty-six north, range ninety-four west; thence continuing south along the line between ranges ninety-four and ninety-five west to the main channel of the Missouri River; thence in a southeasterly direction along the main channel of the Missouri River to the point where the line between ranges ninety-one and ninety-two west intersects the main channel of the Missouri River; thence north along the line between ranges ninety-one and ninety-two west to the point of beginning.

Source: R.C. 1943, § 11-0132. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-33. Nelson County.

Beginning at the southwest corner of township one hundred forty-nine north, range sixty-one west of the fifth principal meridian, a point on the twelfth standard parallel; thence east along the twelfth standard parallel to the southeast corner of township one hundred forty-nine north, range fifty-seven west; thence north along the line between ranges fifty-six and fifty-seven west to the northeast corner of township one hundred fifty-two north, range fifty-seven west, a point on the thirteenth standard parallel; thence west along the thirteenth standard parallel to the southeast corner of township one hundred fifty-three north, range fifty-seven west; thence continuing north along the line between ranges fifty-six and fifty-seven west to the northeast corner of township one hundred fifty-four north, range fifty-seven west; thence west along the line between townships one hundred fifty-four and one hundred fifty-five north to the northwest corner of township one hundred fifty-four north, range sixty west; thence south along the line between ranges sixty and sixty-one west to the southwest corner of township one hundred fifty-three north, range sixty west, a point on the thirteenth standard parallel; thence west along the thirteenth standard parallel to the northwest corner of township one hundred fifty-two north, range sixty-one west; thence south along the line between ranges sixty-one and sixty-two west to the point of beginning.

Source: S.L. 1883, ch. 28, § 1; R.C. 1943, § 11-0133. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-34. Oliver County.

Beginning at the southwest corner of township one hundred forty-one north, range eighty-seven west of the fifth principal meridian, a point on the tenth standard parallel; thence east along the tenth standard parallel to the main channel of the Missouri River; thence in a northwesterly direction along the main channel of the Missouri River to the point where the line between ranges eighty-three and eighty-four west intersects the main channel of the Missouri River; thence south along the line between ranges eighty-three and eighty-four west to the line between townships one hundred forty-three and one hundred forty-four north; thence west along the line between townships one hundred forty-three and one hundred forty-four north to the northwest corner of township one hundred forty-three north, range eighty-seven west; thence south along the line between ranges eighty-seven and eighty-eight west to the point of beginning.

Source: S.L. 1885, ch. 31, § 2; R.C. 1943, § 11-0134. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-35. Pembina County.

Beginning at the southwest corner of township one hundred fifty-nine north, range fifty-six west of the fifth principal meridian; thence east along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the main channel of the Red River of the North; thence in a northerly direction along the main channel of the Red River of the North to the point where such channel intersects the international boundary line between North Dakota and Canada; thence west along the international boundary line to the line between ranges fifty-six and fifty-seven west; thence south along the line between ranges fifty-six and fifty-seven west to the southwest corner of township one hundred sixty-one north, range fifty-six west, a point on the fifteenth standard parallel; thence east along the fifteenth standard parallel to the northwest corner of township one hundred sixty north, range fifty-six west; thence continuing south along the line between ranges fifty-six and fifty-seven west to the point of beginning.

Source: S.L. 1873, ch. 20, § 1; R.C. 1943, § 11-0135. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-36. Pierce County.

Beginning at the southwest corner of township one hundred fifty-one north, range seventy-four west of the fifth principal meridian; thence east along the line between townships one hundred fifty and one hundred fifty-one north to the southeast corner of township one hundred fifty-one north, range seventy-two west; thence north along the line between ranges seventy-one and seventy-two west to the northeast corner of township one hundred fifty-two north, range seventy-two west, a point on the thirteenth standard parallel; thence west along the thirteenth standard parallel to the southeast corner of township one hundred fifty-three north, range seventy-two west; thence continuing north along the line between ranges seventy-one and seventy-two west to the northeast corner of township one hundred fifty-six north, range seventy-two west, a point on the fourteenth standard parallel; thence east along the fourteenth standard parallel to the southeast corner of township one hundred fifty-seven north, range sixty-nine west; thence north along the line between ranges sixty-eight and sixty-nine west to the northeast corner of township one hundred fifty-eight north, range sixty-nine west; thence west along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the northwest corner of township one hundred fifty-eight north, range seventy-four west; thence south along the line between ranges seventy-four and seventy-five west to the southwest corner of township one hundred fifty-seven north, range seventy-four west, a point on the fourteenth standard parallel; thence east along the fourteenth standard parallel to the northwest corner of township one hundred fifty-six north, range seventy-four west; thence continuing south along the line between ranges seventy-four and seventy-five to the southwest corner of township one hundred fifty-three north, range seventy-four west, a point on the thirteenth standard parallel; thence east along the thirteenth standard parallel to the northwest corner of township one hundred fifty-two north, range seventy-four west; thence continuing south along the line between ranges seventy-four and seventy-five west to the point of beginning.

Source: S.L. 1887, ch. 180, § 1; R.C. 1943, § 11-0136. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-37. Ramsey County.

Beginning at the southeast corner of township one hundred fifty-three north, range sixty-one west of the fifth principal meridian, a point on the thirteenth standard parallel; thence north along the line between ranges sixty and sixty-one west to the northeast corner of township one hundred fifty-four north, range sixty-one west; thence east along the line between townships one hundred fifty-four and one hundred fifty-five north to the southeast corner of township one hundred fifty-five north, range sixty west; thence north along the line between ranges fifty-nine and sixty west to the northeast corner of township one hundred fifty-six north, range sixty west, a point on the fourteenth standard parallel; thence west along the fourteenth standard parallel to the southeast corner of township one hundred fifty-seven north, range sixty west; thence continuing north along the line between ranges fifty-nine and sixty west to the northeast corner of township one hundred fifty-eight north, range sixty west; thence west along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the northwest corner of township one hundred fifty-eight north, range sixty-four west; thence south along the line between ranges sixty-four and sixty-five west to the southwest corner of township one hundred fifty-seven north, range sixty-four west, a point on the fourteenth standard parallel; thence west along the fourteenth standard parallel to the northwest corner of township one hundred fifty-six north, range sixty-six west; thence south along the line between ranges sixty-six and sixty-seven west to a point where said line intersects the center of Mauvaise Coulee; thence southeasterly along the center of said Mauvaise Coulee to the intersection with the meander line of Devils Lake at the mouth of the Mauvaise Coulee; thence along the west meander line of Devils Lake, said line being generally in a southerly and easterly direction, to the line between townships one hundred fifty-three and one hundred fifty-four north; thence east along the line between townships one hundred fifty-three and one hundred fifty-four north to the northwest corner of township one hundred fifty-three north, range sixty-five west; thence south along the line between ranges sixty-five and sixty-six west to a point where said line intersects the thirteenth standard parallel; thence east on the thirteenth standard parallel to a point where the said thirteenth standard parallel intersects the meander line of Devils Lake as re-established by the United States department of the interior in surveys accepted in 1972; thence easterly along said meander line to the point on the southern extremity of East Devils Lake; thence northerly along the east meander line of said East Devils Lake to a point where said meander line intersects the south line of lot one, section eight, township one hundred fifty-one north, range sixty-two west; thence east along the quarter quarter line to the intersection of said line with the east boundary of the Devils Lake Indian Reservation; thence southeasterly to where said east boundary line intersects the south line of lot one, section ten, township one hundred fifty-one north, range sixty-two west; thence east along the quarter quarter line to the range line between ranges sixty-one and sixty-two west, being a point one thousand three hundred twenty feet, more or less, south of the northeast corner of section twelve, township one hundred fifty-one north, range sixty-two west; thence north along the line between ranges sixty-one and sixty-two west to the northeast corner of township one hundred fifty-two north, range sixty-two west, a point on the thirteenth standard parallel; thence east along the thirteenth standard parallel to the point of beginning.

Source: S.L. 1899, ch. 58, § 1; R.C. 1943, § 11-0137; S.L. 1983, ch. 146, § 2. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-38. Ransom County.

Beginning at the southwest corner of township one hundred thirty-three north, range fifty-eight west of the fifth principal meridian, a point on the eighth standard parallel; thence east along the eighth standard parallel to the southeast corner of township one hundred thirty-three north, range fifty-three west; thence north along the line between ranges fifty-two and fifty-three west to the northeast corner of township one hundred thirty-six north, range fifty-three west, a point on the ninth standard parallel; thence west along the ninth standard parallel to the northwest corner of township one hundred thirty-six north, range fifty-eight west; thence south along the line between ranges fifty-eight and fifty-nine west to the point of beginning.

Source: S.L. 1873, ch. 20, § 8; R.C. 1943, § 11-0138. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-39. Renville County.

Beginning at the southwest corner of township one hundred fifty-eight north, range eighty-six west of the fifth principal meridian; thence east along the line between townships one hundred fifty-seven and one hundred fifty-eight north to the southeast corner of township one hundred fifty-eight north, range eighty-one west; thence north along the line between ranges eighty and eighty-one west to the northeast corner of township one hundred fifty-eight north, range eighty-one west; thence west along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the southeast corner of township one hundred fifty-nine north, range eighty-four west; thence north along the line between ranges eighty-three and eighty-four west to the northeast corner of township one hundred sixty north, range eighty-four west, a point on the fifteenth standard parallel; thence west along the fifteenth standard parallel to the southeast corner of township one hundred sixty-one north, range eighty-four west; thence continuing north along the line between ranges eighty-three and eighty-four west, to the international boundary line between Canada and the United States; thence west along the international boundary line to the line between ranges eighty-seven and eighty-eight west; thence south along the line between ranges eighty-seven and eighty-eight west to the southwest corner of township one hundred sixty-one north, range eighty-seven west, a point on the fifteenth standard parallel; thence east along the fifteenth standard parallel to the northwest corner of township one hundred sixty north, range eighty-six west; thence south along the line between ranges eighty-six and eighty-seven west to the point of beginning.

Source: R.C. 1943, § 11-0139. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-40. Richland County.

Beginning at the point where the line between ranges fifty-two and fifty-three west of the fifth principal meridian intersects the seventh standard parallel; thence east along the seventh standard parallel to the main channel of the Bois de Sioux River; thence in a northerly direction along the main channel of the Bois de Sioux River to the Red River of the North; thence in a northerly direction along the main channel of the Red River of the North to the intersection of the main channel of the Red River of the North and the ninth standard parallel; thence west along the ninth standard parallel to the northwest corner of township one hundred thirty-six north, range fifty-two west; thence south along the line between ranges fifty-two and fifty-three west to the southwest corner of township one hundred thirty-three north, range fifty-two west, a point on the eighth standard parallel; thence east along the eighth standard parallel to the northwest corner of township one hundred thirty-two north, range fifty-two west; thence continuing south along the line between ranges fifty-two and fifty-three west to the northern boundary of the original Sisseton and Wahpeton Indian Reservation, now known as Lake Traverse Lands; thence southeasterly along said north boundary to the line between ranges fifty-two and fifty-three west; thence south along the line between ranges fifty-two and fifty-three west to the point of beginning.

Source: S.L. 1873, ch. 20, § 4; 1885, ch. 34, § 1; R.C. 1943, § 11-0140. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-41. Rolette County.

Beginning at the southwest corner of township one hundred fifty-nine north, range seventy-three west of the fifth principal meridian; thence east along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the southeast corner of township one hundred fifty-nine north, range sixty-nine west; thence north along the line between ranges sixty-eight and sixty-nine west to the northeast corner of township one hundred sixty north, range sixty-nine west, a point on the fifteenth standard parallel; thence west along the fifteenth standard parallel to the southeast corner of township one hundred sixty-one north, range sixty-nine west; thence continuing north along the line between ranges sixty-eight and sixty-nine west to the international boundary line between the United States and Canada; thence west along the international boundary line to the line between ranges seventy-three and seventy-four west; thence south along the line between ranges seventy-three and seventy-four west to the southwest corner of township one hundred sixty-one north, range seventy-three west, a point on the fifteenth standard parallel; thence east along the fifteenth standard parallel to the northwest corner of township one hundred sixty north, range seventy-three west; thence continuing south along the line between ranges seventy-three and seventy-four west to the point of beginning.

Source: S.L. 1883, ch. 37, § 4; R.C. 1943, § 11-0141. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-42. Sargent County.

Beginning at the southwest corner of township one hundred twenty-nine north, range fifty-eight west of the fifth principal meridian, a point on the seventh standard parallel; thence east along the seventh standard parallel to the line between ranges fifty-two and fifty-three west; thence north along the line between ranges fifty-two and fifty-three west to the north boundary line of the original Sisseton and Wahpeton Indian Reservation, now known as Lake Traverse Lands; thence northwesterly along the said boundary line to the line between ranges fifty-two and fifty-three west; thence continuing north along the line between ranges fifty-two and fifty-three west to the northeast corner of township one hundred thirty-two north, range fifty-three west, a point on the eighth standard parallel; thence west along the eighth standard parallel to the northwest corner of township one hundred thirty-two north, range fifty-eight west; thence south along the line between ranges fifty-eight and fifty-nine west to the point of beginning.

Source: S.L. 1883, ch. 32, § 1; R.C. 1943, § 11-0142. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-43. Sheridan County.

Beginning at the southwest corner of township one hundred forty-five north, range seventy-eight west of the fifth principal meridian, a point on the eleventh standard parallel; thence east along the eleventh standard parallel to the southwest corner of township one hundred forty-five north, range seventy-four west; thence north along the line between ranges seventy-three and seventy-four west to the northeast corner of township one hundred forty-eight north, range seventy-four west, a point on the twelfth standard parallel; thence west along the twelfth standard parallel to the southeast corner of township one hundred forty-nine north, range seventy-four west; thence continuing north along the line between ranges seventy-three and seventy-four west to the northeast corner of township one hundred fifty north, range seventy-four west; thence west along the line between townships one hundred fifty and one hundred fifty-one north to the northwest corner of township one hundred fifty north, range seventy-seven west; thence south along the line between ranges seventy-seven and seventy-eight west to the southwest corner of township one hundred forty-nine north, range seventy-seven west, a point on the twelfth standard parallel; thence west along the twelfth standard parallel to the northwest corner of township one hundred forty-eight north, range seventy-eight west; thence south along the line between ranges seventy-eight and seventy-nine west to the point of beginning.

Source: R.C. 1943, § 11-0143. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-44. Sioux County.

Beginning at the southwest corner of township one hundred twenty-nine north, range ninety west of the fifth principal meridian, a point on the seventh standard parallel; thence east along the seventh standard parallel to the main channel of the Missouri River; thence in a northerly direction along the main channel of the Missouri River to the point where the main channel of the Cannonball River intersects the main channel of the Missouri River; thence in a southwesterly direction along the main channel of the Cannonball River and the South Fork of the Cannonball River to the point where the line between ranges ninety and ninety-one west intersects the main channel of the South Fork of the Cannonball River; thence south along the line between ranges ninety and ninety-one west to the point of beginning.

Source: R.C. 1943, § 11-0144. Governor’s proclamation filed in the office of the secretary of state. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-45. Slope County.

Beginning at the point where the boundary line between the states of Montana and North Dakota intersects the eighth standard parallel; thence east along the eighth standard parallel to the southeast corner of township one hundred thirty-three north, range ninety-eight west on the fifth principal meridian; thence north along the line between ranges ninety-seven and ninety-eight west to the northeast corner of township one hundred thirty-six north, range ninety-eight west, a point on the ninth standard parallel; thence west along the ninth standard parallel to the northwest corner of township one hundred thirty-six north, range one hundred four west; thence south along the line between ranges one hundred four and one hundred five west to the northwest corner of township one hundred thirty-five north, range one hundred four west; thence west along the line between townships one hundred thirty-five and one hundred thirty-six north to the intersection of said line with the boundary line between the states of North Dakota and Montana; thence south along the boundary line between the states of North Dakota and Montana to the point of beginning.

Source: R.C. 1943, § 11-0145. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-46. Stark County.

Beginning at the southwest corner of township one hundred thirty-seven north, range ninety-nine west of the fifth principal meridian, a point on the ninth standard parallel; thence east along the ninth standard parallel to the southeast corner of township one hundred thirty-seven north, range ninety-one west; thence north along the line between ranges ninety and ninety-one west to the northeast corner of township one hundred forty north, range ninety-one west, a point on the tenth standard parallel; thence west along the tenth standard parallel to the southeast corner of township one hundred forty-one north, range ninety-one west; thence continuing north along the line between ranges ninety and ninety-one west to the northeast corner of section twenty-five, township one hundred forty-one north, range ninety-one west; thence west along a line parallel to and two miles [3.2 kilometers] distant in a northerly direction from the tenth standard parallel to the northwest corner of section thirty, township one hundred forty-one north, range ninety-three west; thence south along the line between ranges ninety-three and ninety-four west to the southwest corner of township one hundred forty-one north, range ninety-three west, a point on the tenth standard parallel; thence west along the tenth standard parallel to the northwest corner of township one hundred forty north, range ninety-nine west; thence south along the line between ranges ninety-nine and one hundred west to the point of beginning.

Source: S.L. 1887, ch. 179, § 2; 1891, ch. 50, § 8; R.C. 1943, § 11-0146. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-47. Steele County.

Beginning at the southwest corner of township one hundred forty-four north, range fifty-seven west of the fifth principal meridian; thence east along the line between townships one hundred forty-three and one hundred forty-four north to the southeast corner of township one hundred forty-four north, range fifty-four west; thence north along the line between ranges fifty-three and fifty-four west to the northeast corner of township one hundred forty-four north, range fifty-four west, a point on the eleventh standard parallel; thence west along the eleventh standard parallel to the southeast corner of township one hundred forty-five north, range fifty-four west; thence continuing north along the line between ranges fifty-three and fifty-four west to the northeast corner of township one hundred forty-eight north, range fifty-four west, a point on the twelfth standard parallel; thence west along the twelfth standard parallel to the northwest corner of township one hundred forty-eight north, range fifty-seven west; thence south along the line between ranges fifty-seven and fifty-eight west to the southwest corner of township one hundred forty-five north, range fifty-seven west, a point on the eleventh standard parallel; thence east along the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range fifty-seven west; thence continuing south on the line between ranges fifty-seven and fifty-eight west to the point of beginning.

Source: S.L. 1883, ch. 36, § 1; R.C. 1943, § 11-0147. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-48. Stutsman County.

Beginning at the southwest corner of township one hundred thirty-seven north, range sixty-nine west of the fifth principal meridian, a point on the ninth standard parallel; thence east along the ninth standard parallel to the southeast corner of township one hundred thirty-seven north, range sixty-two west; thence north along the line between ranges sixty-one and sixty-two west; thence north along the line between ranges sixty-one and sixty-two west to the northeast corner of township one hundred forty north, range sixty-two west, a point on the tenth standard parallel; thence west along the tenth standard parallel to the southeast corner of township one hundred forty-one north, range sixty-two west; thence continuing north along the line between ranges sixty-one and sixty-two west to the northeast corner of township one hundred forty-four north, range sixty-two west, a point on the eleventh standard parallel; thence west along the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range sixty-nine west; thence south along the line between ranges sixty-nine and seventy west to the southwest corner of township one hundred forty-one north, range sixty-nine west, a point on the tenth standard parallel; thence east along the tenth standard parallel to the northwest corner of township one hundred forty north, range sixty-nine west; thence continuing south along the line between ranges sixty-nine and seventy west to the point of beginning.

Source: S.L. 1873, ch. 20, § 6; R.C. 1943, § 11-0148. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-49. Towner County.

Beginning at the southwest corner of township one hundred fifty-seven north, range sixty-eight west of the fifth principal meridian, a point on the fourteenth standard parallel; thence east along the fourteenth standard parallel to the southeast corner of township one hundred fifty-seven north, range sixty-five west; thence north along the line between ranges sixty-four and sixty-five west to the northeast corner of township one hundred sixty north, range sixty-five west, a point on the fifteenth standard parallel; thence west along the fifteenth standard parallel to the southeast corner of township one hundred sixty-one north, range sixty-five west; thence continuing north along the line between ranges sixty-four and sixty-five west to the international boundary line between the United States and Canada; thence west along the international boundary line to the line between ranges sixty-eight and sixty-nine west; thence south along the line between ranges sixty-eight and sixty-nine west to the southwest corner of township one hundred sixty-one north, range sixty-eight west, a point on the fifteenth standard parallel; thence east along the fifteenth standard parallel to the northwest corner of township one hundred sixty north, range sixty-eight west; thence continuing south along the line between ranges sixty-eight and sixty-nine west to the point of beginning.

Source: S.L. 1883, ch. 37, § 1; R.C. 1943, § 11-0149. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-50. Traill County.

Beginning at the southwest corner of township one hundred forty-four north, range fifty-three west of the fifth principal meridian; thence east along the line between townships one hundred forty-three and one hundred forty-four north to the main channel of the Red River of the North; thence in a northerly direction along the main channel of the Red River of the North to the intersection of the main channel of the Red River of the North and the twelfth standard parallel; thence west along the twelfth standard parallel to the northwest corner of township one hundred forty-eight north, range fifty-three west; thence south along the line between ranges fifty-three and fifty-four west to the southwest corner of township one hundred forty-five north, range fifty-three west, a point on the eleventh standard parallel; thence east along the eleventh standard parallel to the northwest corner of township one hundred forty-four north, range fifty-three west; thence continuing south along the line between ranges fifty-three and fifty-four west to the point of beginning.

Source: S.L. 1875, ch. 32, § 1; R.C. 1943, § 11-0150. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-51. Walsh County.

Beginning at the southwest corner of township one hundred fifty-five north, range fifty-nine west of the fifth principal meridian; thence east along the line between townships one hundred fifty-four and one hundred fifty-five north to the main channel of the Red River of the North; thence in a northerly direction along the main channel of the Red River of the North to the point where the line between townships one hundred fifty-eight and one hundred fifty-nine north intersects the main channel of the Red River of the North; thence west along the line between townships one hundred fifty-eight and one hundred fifty-nine to the northwest corner of township one hundred fifty-eight north, range fifty-nine west; thence south along the line between ranges fifty-nine and sixty west to the southwest corner of township one hundred fifty-seven north, range fifty-nine west, a point on the fourteenth standard parallel; thence east along the fourteenth standard parallel to the northwest corner of township one hundred fifty-six north, range fifty-nine west; thence continuing south along the line between ranges fifty-nine and sixty west to the point of beginning.

Source: S.L. 1881, ch. 51, § 1; 1881, ch. 52, § 1; R.C. 1943, § 11-0151. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-52. Ward County.

Beginning at the southwest corner of township one hundred fifty-one north, range eighty-seven west of the fifth principal meridian; thence east along the line between townships one hundred fifty and one hundred fifty-one north to the southeast corner of township one hundred fifty-one north, range eighty-one west; thence north along the line between ranges eighty and eighty-one west to the northeast corner of township one hundred fifty-two north, range eighty-one west, a point on the thirteenth standard parallel; thence west along the thirteenth standard parallel to the southeast corner of township one hundred fifty-three north, range eighty-one west; thence continuing north along the line between ranges eighty and eighty-one west to the northeast corner of township one hundred fifty-six north, range eighty-one west, a point on the fourteenth standard parallel; thence west along the fourteenth standard parallel to the southeast corner of township one hundred fifty-seven north, range eighty-one west; thence continuing north along the line between ranges eighty and eighty-one west to the northeast corner of township one hundred fifty-seven north, range eighty-one west; thence west along the line between townships one hundred fifty-seven and one hundred fifty-eight north to the southeast corner of township one hundred fifty-eight north, range eighty-seven west; thence north along the line between ranges eighty-six and eighty-seven west to the northeast corner of township one hundred sixty north, range eighty-seven west, a point on the fifteenth standard parallel; thence west along the fifteenth standard parallel to the southeast corner of township one hundred sixty-one north, range eighty-eight west; thence north along the line between ranges eighty-seven and eighty-eight west to the northeast corner of township one hundred sixty-one north, range eighty-eight west; thence west along the line between townships one hundred sixty-one and one hundred sixty-two north to the northwest corner of township one hundred sixty-one north, range eighty-eight west; thence south along the line between ranges eighty-eight and eighty-nine west to the southwest corner of township one hundred sixty-one north, range eighty-eight west, a point on the fifteenth standard parallel; thence west along the fifteenth standard parallel to the northwest corner of township one hundred sixty north, range eighty-nine west; thence south along the line between ranges eighty-nine and ninety west to the southwest corner of township one hundred fifty-nine north, range eighty-nine west; thence east along the line between townships one hundred fifty-eight and one hundred fifty-nine north to the northwest corner of township one hundred fifty-eight north, range eighty-seven west; thence south along the line between ranges eighty-seven and eighty-eight west to the southwest corner of township one hundred fifty-seven north, range eighty-seven west, a point on the fourteenth standard parallel; thence east along the fourteenth standard parallel to the northwest corner of township one hundred fifty-six north, range eighty-seven west; thence continuing south along the line between ranges eighty-seven and eighty-eight west to the southwest corner of township one hundred fifty-three north, range eighty-seven west, a point on the thirteenth standard parallel; thence east along the thirteenth standard parallel to the northwest corner of township one hundred fifty-two north, range eighty-seven west; thence continuing south along the line between ranges eighty-seven and eighty-eight west to the point of beginning.

Source: S.L. 1891, ch. 50, § 4; R.C. 1943, § 11-0152. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-53. Wells County.

Beginning at the southwest corner of township one hundred forty-five north, range seventy-three west of the fifth principal meridian, a point on the eleventh standard parallel; thence east along the eleventh standard parallel to the southeast corner of township one hundred forty-five north, range sixty-eight west; thence north along the line between ranges sixty-seven and sixty-eight west to the northeast corner of township one hundred forty-eight north, range sixty-eight west, a point on the twelfth standard parallel; thence west along the twelfth standard parallel to the southeast corner of township one hundred forty-nine north, range sixty-eight west; thence continuing north along the line between ranges sixty-seven and sixty-eight west to the northeast corner of township one hundred fifty north, range sixty-eight west; thence west along the line between townships one hundred fifty and one hundred fifty-one north to the northwest corner of township one hundred fifty north, range seventy-three west; thence south along the line between ranges seventy-three and seventy-four west to the southwest corner of township one hundred forty-nine north, range seventy-three west, a point on the twelfth standard parallel; thence east along the twelfth standard parallel to the northwest corner of township one hundred forty-eight north, range seventy-three west; thence continuing south along the line between ranges seventy-three and seventy-four west to the point of beginning.

Source: S.L. 1885, ch. 43, § 1; R.C. 1943, § 11-0153. General highways and transportation maps prepared by the North Dakota state highway department.

11-01-54. Williams County.

Beginning at the point where the boundary line between the states of North Dakota and Montana intersects the line between townships one hundred fifty-nine and one hundred sixty north; thence south along the boundary line between the states of North Dakota and Montana to the main channel of the Missouri River; thence in an easterly direction along the main channel of the Missouri River to the point where the line between ranges ninety-four and ninety-five west of the fifth principal meridian intersects the main channel of the Missouri River; thence north along the line between ranges ninety-four and ninety-five west to the northeast corner of township one hundred fifty-six north, range ninety-five west, a point on the fourteenth standard parallel; thence west along the fourteenth standard parallel to the southeast corner of township one hundred fifty-seven north, range ninety-five west; thence continuing north along the line between ranges ninety-four and ninety-five west to the northeast corner of township one hundred fifty-nine north, range ninety-five west; thence west along the line between townships one hundred fifty-nine and one hundred sixty north to the point of beginning.

Source: S.L. 1891, ch. 50, § 6; R.C. 1943, § 11-0154. General highways and transportation maps prepared by the North Dakota state highway department.

11-03-01. Division of counties — Electors’ petition — Election held.

Whenever it is desired to form a new county out of one or more of the then existing counties, a petition conforming to the provisions of this chapter shall be presented to the board of county commissioners of each county to be affected by the division. If it appears to such boards of county commissioners that a new county can be constitutionally formed, they shall make the necessary orders to provide for the submission at the next general election of the question of the formation of such new county to the qualified electors of the counties to be affected.

Source: S.L. 1887, ch. 38, § 1; R.C. 1895, § 1854; R.C. 1899, § 1854; R.C. 1905, § 2329; S.L. 1907, ch. 60, § 1; C.L. 1913, § 3205; R.C. 1943, § 11-0301.

Cross-References.

Changing county lines, see N.D. Const., Art. VII, § 5.

11-03-02. Petition — Contents — Signers necessary.

The petition for the formation of a new county under this chapter shall:

1. Describe the territory proposed to be taken for the new county.
2. Set forth the name of the proposed new county.
3. Be signed by a majority of the qualified electors residing in the territory to be taken from the existing county or counties as determined by the vote cast for the office of governor at the last preceding general election.
4. Pray for the formation of a new county from the territory described in such petition.

Source: S.L. 1887, ch. 38, § 1; R.C. 1895, § 1854; R.C. 1899, § 1854; R.C. 1905, § 2329; S.L. 1907, ch. 60, § 1; C.L. 1913, § 3205; R.C. 1943, § 11-0302: S.L. 1985, ch. 235, § 11.

11-03-03. Notice of election — Canvass and return of votes cast.

Notice of the election shall be given and the votes polled at the election shall be canvassed and returned as in the case of general elections.

Source: S.L. 1887, ch. 38, § 1; R.C. 1895, § 1854; R.C. 1899, § 1854; R.C. 1905, § 2329; S.L. 1907, ch. 60, § 1; C.L. 1913, § 3205; R.C. 1943, § 11-0303.

11-03-04. Ballot — Form.

The ballot to be used in an election under this chapter shall be in substantially the following form:

Shall the county of (name county) be formed from territory in the county of , or the counties of (name the county or counties affected)?Yes ⎭ No ⎭

Click to view

Source: S.L. 1887, ch. 38, § 1; R.C. 1895, § 1854; R.C. 1899, § 1854; R.C. 1905, § 2329; S.L. 1907, ch. 60, § 1; C.L. 1913, § 3205; R.C. 1943, § 11-0304.

11-03-05. Affirmative vote necessary — Notice to secretary of state — Notice to governor.

If a majority of all the votes cast at the election in each of the counties affected is in favor of the formation of the new county, the county auditor of each of such counties shall certify the same to the secretary of state. Such certificate shall state the name, territorial content, and boundaries of the new county. The secretary of state shall notify the governor of the result of the election.

Source: S.L. 1887, ch. 38, § 5; R.C. 1895, § 1855; R.C. 1899, § 1855; S.L. 1905, ch. 75, § 1; R.C. 1905, § 2330; S.L. 1907, ch. 62, § 1; C.L. 1913, § 3206; R.C. 1943, § 11-0305.

11-03-06. Governor to appoint county commissioners — When county deemed in existence.

The governor shall appoint three persons who reside in and who are qualified electors of such new county and who will accept and qualify as county commissioners for the new county. The commissioners so appointed shall hold office until the first general election thereafter and until their successors are elected and qualified. After the county commissioners appointed by the governor have qualified, the county shall be deemed to have existence as a county.

Source: S.L. 1887, ch. 38, § 5; R.C. 1895, § 1855; R.C. 1899, § 1855; S.L. 1905, ch. 75, § 1; R.C. 1905, § 2330; S.L. 1907, ch. 62, § 1; C.L. 1913, § 3206; R.C. 1943, § 11-0306.

11-03-07. Temporary county seat — How located.

The board of county commissioners appointed by the governor shall fix the temporary location of the county seat. The county seat shall remain at such location until after the first general election thereafter.

Source: S.L. 1887, ch. 38, § 7; R.C. 1895, § 1857; R.C. 1899, § 1857; R.C. 1905, § 2332; C.L. 1913, § 3208; S.L. 1917, ch. 101, § 1; 1925 Supp., § 3208; R.C. 1943, § 11-0307.

Cross-References.

Permanent selection of county seat, see N.D.C.C. ch. 11-04.

11-03-08. Board of county commissioners to appoint county officers — Exception.

The board of county commissioners appointed by the governor, after the members thereof have qualified, shall appoint all the county officers of the newly organized county. Such officers, after having qualified, hold their offices until the first general election thereafter and until their successors are elected and qualified.

Source: S.L. 1887, ch. 38; § 6; R.C. 1895, § 1856; R.C. 1899, § 1856; R.C. 1905, § 2331; C.L. 1913, § 3207; R.C. 1943, § 11-0308; S.L. 1981, ch. 320, § 3; 1985, ch. 151, § 1; 1991, ch. 326, § 4.

11-03-09. Division of county into commissioners’ districts — Terms of office of commissioners first elected.

The county commissioners appointed by the governor shall divide the county into three commissioners’ districts, which districts shall be numbered from one to three. At the first general election after the organization of the county, three commissioners shall be elected, one from each such district, one of whom shall be chosen for the term of two years and two for the term of four years, the order of succession to be determined by lot. Thereafter, each commissioner shall be elected for a term of four years.

Source: Pol. C. 1877, ch. 21, § 16; R.C. 1895, § 1896; R.C. 1899, § 1896; S.L. 1901, ch. 52, § 3; 1903, ch. 74, § 1; R.C. 1905, § 2390; S.L. 1913, ch. 123, § 1; C.L. 1913, § 3264; S.L. 1937, ch. 120, § 1; R.C. 1943, § 11-0309.

11-03-10. Records to be transcribed.

When a new county is organized, the board of county commissioners thereof shall cause to be transcribed, by copying or by photographing into the proper books, all the records, deeds, and other instruments relating to real estate, and all other records and instruments of every kind required by law to be kept on file or recorded in the respective county offices in the new county. All records transcribed by copying or by photographing shall have the same effect as original records. A person authorized by the board of county commissioners to transcribe the records shall have free access at all reasonable times to the original records for the purpose of transcribing them.

Source: S.L. 1887, ch. 38, § 10; 1895, ch. 38, § 1; R.C. 1895, § 1860; R.C. 1899, § 1860; R.C. 1905, § 2335; S.L. 1909, ch. 66, § 1; C.L. 1913, § 3211; R.C. 1943, § 11-0310.

11-03-11. Indebtedness of new county to original county — How and when determined.

A county organized under this chapter shall assume and pay a just proportion of the indebtedness of the county from which it is segregated, based upon the last assessed valuation of the original county and in the proportion that the valuation within the segregated portion bears to the aggregate of the valuation within the whole of the original county. The boards of county commissioners of the county organized under this chapter and of the county from which the latter segregates shall meet at the county seat of the original county on the third Monday in the sixth month following the appointment of the county commissioners of the new county by the governor. They shall ascertain, as near as may be, the total outstanding indebtedness of the original county on the first of January or July, as the case may require, next preceding the date of the joint session and from such total, they shall make the following deductions:

1. The amount of rents due and payable to the original county.
2. The present value of all public property owned by and remaining within the limits of the original county. Such present value in all events shall be deemed equal at least to the amount of any outstanding bonds issued for the payment of such property.
3. The amount of public funds on hand and belonging to the original county on the day for which its outstanding indebtedness is ascertained which do not belong to the special funds hereinafter mentioned.

The amount remaining after such deductions, for the purpose of the settlement herein provided for, shall be the amount of which the county organized under this chapter shall pay a portion in the proportion hereinbefore specified. The new county shall be charged with the value of county real property within the boundaries thereof. The boards of county commissioners shall ascertain and fix the amount the new county shall assume and pay to the county from which it segregates. The provisions of this section shall be followed even though the new county is organized from parts of two or more organized counties except that the boards of county commissioners of all counties involved shall participate in the proceedings herein described.

Source: S.L. 1887, ch. 38, § 11; R.C. 1895, § 1861; R.C. 1899, § 1861; R.C. 1905, § 2336; C.L. 1913, § 3212; R.C. 1943, § 11-0311.

11-03-12. Indebtedness of new county to original county to be paid in bonds.

The amount of indebtedness of a county organized under this chapter, as ascertained by the two boards of county commissioners, shall be paid to the county from which it segregates in the bonds of the new county.

Source: S.L. 1887, ch. 38, § 19; R.C. 1895, § 1869; R.C. 1899, § 1869; R.C. 1905, § 2345; C.L. 1913, § 3221; R.C. 1943, § 11-0312.

11-03-13. Issuance of bonds — Classification — Exchange by original county.

The bonds of the new county shall be:

1. Dated as of the first day of the January or July from which the outstanding indebtedness of the original county is calculated as provided in section 11-03-11.
2. Issued for a period corresponding with the time or term on which the obligations of the original county become due and payable.
3. Payable at the same place and bear the same rate of interest as the obligations of the original county.

The board of county commissioners shall classify the liquidating bonds and issue a portion of each class in proportion to each class of obligations of the original county bearing different rates of interest and places of payment. The original county shall have authority to exchange such bonds for an equal amount of obligations of its own of the same class.

Source: S.L. 1887, ch. 38, § 20; R.C. 1895, § 1870; R.C. 1899, § 1870; R.C. 1905, § 2346; C.L. 1913, § 3222; R.C. 1943, § 11-0313.

11-03-14. County treasurer to keep bond register.

The county treasurer of a county issuing bonds under the provisions of this chapter shall provide a book to be called the “bond register” wherein the treasurer shall note, as to each such bond:

1. The number and denomination thereof.
2. The date of its issue.
3. When and where the same is payable.
4. Such other facts as the county commissioners of the county shall direct.

The bond register when completed shall be deposited with the county auditor and shall be and remain a part of the records of that office.

Source: S.L. 1887, ch. 38, § 21; R.C. 1895, § 1871; R.C. 1899, § 1871; R.C. 1905, § 2347; C.L. 1913, § 3223; R.C. 1943, § 11-0314.

11-03-15. Commissioners of new county to issue bonds in denominations required by original county — Exception — Delivery.

The board of county commissioners of a county organized under this chapter shall issue the liquidating bonds in such denominations, not to exceed one thousand dollars each, as may be required by the original county. It shall deliver the same to the county auditor of the original county. The county auditor shall receipt therefor and affix the seal of the county auditor’s office to such receipts. The county auditor of the county organized under this chapter shall enter such receipts at large upon the records of the board of county commissioners and note the same in the bond register of that county.

Source: S.L. 1887, ch. 38, § 22; R.C. 1895, § 1872; R.C. 1899, § 1872; R.C. 1905, § 2348; C.L. 1913, § 3224; R.C. 1943, § 11-0315.

11-03-16. Tax levy by new county for payment of bonds.

The board of county commissioners of a county issuing bonds under the provisions of this chapter shall levy and cause to be collected for each year after the date of such bonds a tax sufficient to pay the interest thereon as it shall become due and also sufficient to establish sinking funds required under the laws under which the bonds of the original county were issued and sufficient to redeem the bonds at maturity.

Source: S.L. 1887, ch. 38, § 23; R.C. 1895, § 1873; R.C. 1899, § 1873; R.C. 1905, § 2349; C.L. 1913, § 3225; R.C. 1943, § 11-0316.

11-03-17. Tax collected for payment of bonds must be used for that purpose — Use of surplus.

The money collected for the payment of the interest or principal of the bonds issued under the provisions of this chapter shall not be used for any other purpose until the bonds are redeemed. Any surplus shall be placed in the county general fund.

Source: S.L. 1887, ch. 38, § 24; R.C. 1895, § 1874; R.C. 1899, § 1874; R.C. 1905, § 2350; C.L. 1913, § 3226; R.C. 1943, § 11-0317.

11-03-18. Payment to new county when public funds of original county exceed its indebtedness.

A county in which the amount of public funds on hand at the time of the settlement provided for in section 11-03-11 exceeds the total of its outstanding indebtedness after the deductions provided for in that section have been made shall pay over a just proportion of such funds to the county segregated from it and organized under this chapter. The portion paid to the segregated county shall be based upon the assessed valuation of the whole of the original county and for the year prior to the date of the segregation and shall be in the proportion that the valuation within the segregated portion bears to the aggregate of the valuation within the whole of the original county. The boards of county commissioners shall meet as provided in section 11-03-11 and ascertain the amount to be paid. The board of county commissioners of the original county shall order warrants issued for such amount, payable immediately, to the treasurer of the county organized under this chapter. The treasurer of the segregated county shall place the amount received to the credit of the proper funds of the segregated county.

Source: S.L. 1887, ch. 38, § 13; R.C. 1895, § 1863; R.C. 1899, § 1863; R.C. 1905, § 2338; C.L. 1913, § 3214; R.C. 1943, § 11-0318.

11-03-19. Special funds belonging to taxing districts within new county — Delivery — Distribution.

At the time of the settlement provided for in section 11-03-11, all money on hand in the treasury of a county from which a portion segregates under this chapter and which belongs to special funds owned by taxing districts which, after the segregation, are within the boundaries of the new county, shall be turned over in full by the treasurer of the original county to the treasurer of the new county. The treasurer of the new county shall receipt for such funds and shall place the same to the credit of the taxing districts within the new county to which they properly belong.

Source: S.L. 1887, ch. 38, § 12; R.C. 1895, § 1862; R.C. 1899, § 1862; R.C. 1905, § 2337; C.L. 1913, § 3213; R.C. 1943, § 11-0319.

11-03-20. Commissioners of original county to fill vacancies and redistrict county.

The board of county commissioners of a county from which a portion segregates under this chapter, immediately after such segregation, shall redistrict its county into the commissioners’ districts provided for by the laws then existing and shall fill any vacancies occasioned by the segregation in the manner provided by law for filling vacancies.

Source: S.L. 1887, ch. 38, § 14; R.C. 1895, § 1864; R.C. 1899, § 1864; R.C. 1905, § 2339; C.L. 1913, § 3215; R.C. 1943, § 11-0320.

11-03-21. School and road districts renumbered and renamed.

School districts and road districts within a county affected by this chapter shall be renumbered so as to make their numbers run consecutively in each county.

Source: S.L. 1887, ch. 38, § 15; R.C. 1895, § 1865; R.C. 1899, § 1865; R.C. 1905, § 2341; C.L. 1913, § 3217; R.C. 1943, § 11-0321.

11-03-22. Validity of bonds issued by school district not affected by division.

The validity of bonds issued by school districts prior to the division of a county under this chapter shall not be affected by the division nor by the renumbering or renaming of the school district which issued them.

Source: S.L. 1887, ch. 38, § 17; R.C. 1895, § 1867; R.C. 1899, § 1867; R.C. 1905, § 2343; C.L. 1913, § 3219; R.C. 1943, § 11-0322.

11-03-23. Original county cannot collect revenue in new county.

The authority of a county, from which a portion segregates under the provisions of this chapter, to collect revenue within the boundaries of the new county shall cease on the date upon which the two boards of county commissioners base the settlement between their counties. All assessments and levies lawfully made by the original county prior to such date affecting any of the territory embraced in the boundaries of the new county shall remain the same and shall be payable to and collectible by the lawful authorities of the new county.

Source: S.L. 1887, ch. 38, § 25; R.C. 1895, § 1875; R.C. 1899, § 1875; R.C. 1905, § 2351; C.L. 1913, § 3227; R.C. 1943, § 11-0323.

11-03-24. New county within judicial district.

A county organized under the provisions of this chapter shall remain a part of the judicial district to which it belonged before its organization.

Source: S.L. 1887, ch. 38, § 26; R.C. 1895, § 1876; R.C. 1899, § 1876; R.C. 1905, § 2352; C.L. 1913, § 3228; R.C. 1943, § 11-0324.

11-03-25. Judges to appoint term of district court in new county.

The judges of the judicial district in which a county organized under this chapter is situated shall appoint and hold at least two terms of the district court each year at the county seat of such county.

Source: S.L. 1887, ch. 38, § 27; R.C. 1895, § 1877; R.C. 1899, § 1877; R.C. 1905, § 2353; C.L. 1913, § 3229; R.C. 1943, § 11-0325.

11-03-26. Writs, bonds, and recognizances issued from new county.

All process, writs, bonds, notices, appeals, recognizances, papers, and proceedings in actions changed to a new county under this chapter, issued and made returnable to the district court of the original county prior to the creation of the new county, shall be taken and considered as made, taken, and returnable to the district court within the boundaries of the new county. Such bonds, recognizances, and obligations shall be payable to the new county and recoverable upon in the name of the new county. All papers and certified copies of all proceedings had in any such action shall be transmitted by the clerk of the district court of the original county to the clerk of the district court of the new county.

Source: S.L. 1887, ch. 38, § 29; R.C. 1895, § 1879; R.C. 1899, § 1879; R.C. 1905, § 2355; C.L. 1913, § 3231; R.C. 1943, § 11-0326.

11-03-27. Fees of county commissioners.

County commissioners while in the discharge of their duties as provided for in this chapter shall receive the same compensation as is allowed by law for the performance by county commissioners of their ordinary official duties.

Source: S.L. 1887, ch. 38, § 18; R.C. 1895, § 1868; R.C. 1899, § 1868; R.C. 1905, § 2344; C.L. 1913, § 3220; R.C. 1943, § 11-0327.

11-03-28. Elections governed by general election law.

All elections held under this chapter, when it is not otherwise provided, shall be conducted in the manner prescribed by law for the conduct of general elections. The refusal or neglect on the part of an official to perform the official’s lawful duties in connection with an election under this chapter shall not affect the validity of the election.

Source: S.L. 1887, ch. 38, § 9; R.C. 1895, § 1859; R.C. 1899, § 1859; R.C. 1905, § 2334; C.L. 1913, § 3210; R.C. 1943, § 11-0328.

11-04-01. Selection of candidates for permanent county seat at primary election.

When the temporary county seat of any county has been designated by the board of county commissioners under section 11-03-07, the question of the permanent location of such county seat may be voted upon at any primary election for the purpose of selecting candidates to be voted upon at the general election.

Source: S.L. 1887, ch. 38, § 7; R.C. 1895, § 1857; R.C. 1899, § 1857; R.C. 1905, § 2332; C.L. 1913, § 3208; S.L. 1917, ch. 101, § 1; 1925 Supp., § 3208; R.C. 1943, § 11-0401; S.L. 1997, ch. 51, § 2.

Collateral References.

Withdrawal of name from petition, for change of county seat, or revocation of withdrawal, and time therefor, 27 A.L.R.2d 604.

11-04-02. Petitions for permanent location of county seat.

The names of cities or unincorporated townsites contending for the county seat shall be placed upon the primary election ballot by petition. Each such petition shall:

1. Designate the proposed county seat.
2. Be signed by at least ten percent of the qualified electors of the county as determined by the vote cast for the office of governor at the last general election.

Each such petitioner shall state the date of signing the petition and the petitioner’s residence. No petitioner shall sign more than one such petition. Petitions shall be filed with the county auditor at least thirty days prior to the holding of the primary election.

Source: S.L. 1887, ch. 38, § 7; R.C. 1895, § 1857; R.C. 1899, § 1857; R.C. 1905, § 2332; C.L. 1913, § 3208; S.L. 1917, ch. 101, § 1; 1925 Supp., § 3208; R.C. 1943, § 11-0402.

Cross-References.

Removal or relocation of city recognized as county seat, see N.D.C.C. § 11-04-13.

11-04-03. General election on question of permanent location of county seat.

The two sites or places receiving the highest number of votes at the primary election, and only such two, shall be placed on the official ballot at the first following general election. The city or unincorporated townsite receiving the higher number of votes cast for the county seat location at such general election shall be designated the county seat.

Source: S.L. 1887, ch. 38, § 7; R.C. 1895, § 1857; R.C. 1899, § 1857; R.C. 1905, § 2332; C.L. 1913, § 3208; S.L. 1917, ch. 101, § 1; 1925 Supp., § 3208; R.C. 1943, § 11-0403.

11-04-04. County seat — Removal — Petition — Election.

Whenever a petition of qualified electors of the county equal in number to thirty-three percent of the votes cast in the county for the office of governor at the preceding gubernatorial election is presented to the board of county commissioners of that county asking removal of the county seat from its current location to a place designated in the petition and that an election be held to determine whether the removal must occur, the board of county commissioners shall submit the question of removal to the qualified electors of the county at the next general election if the petition conforms to the requirements of this chapter.

Source: R.C. 1895, §§ 1880, 1881; S.L. 1899, ch. 70, § 1; R.C. 1899, §§ 1880, 1881; S.L. 1901, ch. 57, § 1; R.C. 1905, §§ 2358, 2359; C.L. 1913, §§ 3233, 3234; R.C. 1943, § 11-0404; S.L. 1983, ch. 147, § 1; 1985, ch. 235, § 12; 1995, ch. 109, § 1.

11-04-05. Petition for removal of county seat must be verified.

A petition for the removal of a county seat must be verified by the affidavit of the circulator stating that each signator is a resident of the county and a qualified elector therein, that each signator personally signed the signator’s name to the petition knowing the contents and purposes thereof, that the petition was signed in the presence of the circulator, and that the petition was circulated in its entirety.

Source: R.C. 1895, § 1880; R.C. 1899, § 1880; S.L. 1901, ch. 57, § 1; R.C. 1905, § 2358; C.L. 1913, § 3233; R.C. 1943, § 11-0405; S.L. 1983, ch. 147, § 2.

11-04-06. Election on county seat removal — Notice — How conducted — Returns — How made.

Notice of an election on the question of removal of a county seat, clearly stating its object, must be given and the election must be held and conducted and the returns made in all respects in the manner prescribed by law for the submission of questions to the electors of a county under the general election law.

Source: R.C. 1895, § 1882; R.C. 1899, § 1882; R.C. 1905, § 2360; C.L. 1913, § 3235; R.C. 1943, § 11-0406.

11-04-07. Form of ballot on county seat removal.

The ballot to be used at an election for the removal of a county seat must be in a form that will allow an elector to vote for the existing county seat or a place in the county named in the petition under section 11-04-04.

Source: R.C. 1895, § 1883; R.C. 1899, § 1883; R.C. 1905, § 2361; S.L. 1907, ch. 61, § 1; C.L. 1913, § 3236; S.L. 1915, ch. 116, § 1; 1925 Supp., § 3236; R.C. 1943, § 11-0407; S.L. 1995, ch. 54, § 5.

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

If two-thirds or more of all the legal votes cast by those voting on the question of removal of the county seat at such election are in favor of the removal, the board of county commissioners must give notice of the result of the election by posting notices in all of the election precincts in the county and by publishing a similar notice at least once each week for four weeks in the official newspaper of the county.

Source: R.C. 1895, § 1883; R.C. 1899, § 1883; R.C. 1905, § 2361; S.L. 1907, ch. 61, § 1; C.L. 1913, § 3236; S.L. 1915, ch. 116, § 1; 1925 Supp., § 3236; R.C. 1943, § 11-0408.

11-04-09. Contents of notice of county seat removal — When county seat deemed changed.

The notice provided for in section 11-04-08 shall state the city or unincorporated townsite selected as the county seat and the date on which the change shall take effect. Such date shall not be more than one year after the election. After the date named in the notice, the place chosen at the election shall be the county seat of the county.

Source: R.C. 1895, § 1884; R.C. 1899, § 1884; R.C. 1905, § 2362; C.L. 1913, § 3237; S.L. 1927, ch. 120, § 1; R.C. 1943, § 11-0409.

11-04-10. Statement of result of election for removal of county seat — Where filed.

Whenever an election for removal of a county seat has been held, the statement made by the board of county commissioners showing the result of the election must be filed in the office of the county auditor and a certified copy thereof transmitted to the secretary of state.

Source: R.C. 1895, § 1885; R.C. 1899, § 1885; R.C. 1905, § 2363; C.L. 1913, § 3238; R.C. 1943, § 11-0410.

11-04-11. Interval required between elections for the removal of a county seat.

An election for the removal of a county seat may not be held more often than once in four years.

Source: S.L. 1887, ch. 38, § 7; R.C. 1895, §§ 1857, 1886, 1887; R.C. 1899, §§ 1857, 1886, 1887; R.C. 1905, §§ 2332, 2364, 2365; S.L. 1907, ch. 61, § 1; C.L. 1913, §§ 3208, 3239, 3240; S.L. 1915, ch. 117, § 1; 1917, ch. 101, § 1; 1917, ch. 102, § 1; 1925 Supp., §§ 3208, 3239; R.C. 1943, § 11-0411; S.L. 1995, ch. 109, § 2.

11-04-12. County seat not on railroad — Election any year. [Repealed]

Repealed by S.L. 1995, ch. 109, § 3.

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

When a city or unincorporated townsite has been recognized as the county seat of a county for more than ten years and when all of the public business required by law to be transacted at the county seat has been transacted at said place during the period of ten years last past, such city or unincorporated townsite shall be deemed to be the county seat of the county and can be removed only in the manner provided in this chapter. This statute is not to be in any way construed to bar the temporary emergency relocation of county government, or to affect the legality of lawful operations, acts, and functions of county government, while such government is temporarily relocated at a predesignated emergency relocation site or sites under authority of, approved by, and as directed by the board of county commissioners, a majority of the members concurring therein as to emergency relocation and the return of county government to the normal seat of county government.

Source: R.C. 1895, § 1880; R.C. 1899, § 1880; S.L. 1901, ch. 57, § 1; R.C. 1905, § 2358; C.L. 1913, § 3233; R.C. 1943, § 11-0413; S.L. 1959, ch. 120, § 2.

11-05-01. Definition of terms. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-02. Board of county commissioners to submit consolidation plan to electorate.

If a county consolidation plan is submitted to two or more boards of county commissioners pursuant to chapter 11-05.1, each board of county commissioners shall submit the question of consolidation to the qualified electors of the county at a primary election as specified by the county consolidation committee in conjunction with the election held in any other counties proposed to be affected by the plan.

Source: S.L. 1933, ch. 92, § 1; 1939, ch. 121, § 1; R.C. 1943, § 11-0502; S.L. 1965, ch. 98, § 3; 1993, ch. 401, § 5.

11-05-03. Consolidation of all territory within organized county with two or more counties — Petitions required — Election. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-04. Notice of election — How given.

The county auditor of each of the counties affected shall publish once each week for at least two consecutive weeks prior to the election in the official newspaper of the county a notice giving the date of the primary election, the hours during which the polls will be opened, a reference to the notice of the primary election for a statement of the places where the election will be held, the names of the counties affected, and a fair and accurate summary of the consolidation plan. The notice must state that the proposition to be voted upon will be:

Shall the corporate existence and governments of the county of and the county (or counties) of be consolidated into one county government pursuant to the consolidation plan?

Click to view

Source: S.L. 1933, ch. 92, § 1; 1939, ch. 121, § 1; R.C. 1943, § 11-0504; S.L. 1965, ch. 98, § 4; 1993, ch. 401, § 6.

11-05-05. Form of ballot.

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

Shall the corporate existence and governments of the county of and the county (or counties) of be consolidated into one county government pursuant to the consolidation plan?

Click to view

Below the question submitted, there must be printed:

Yes ⎭ No ⎭

Click to view

Source: S.L. 1933, ch. 92, § 3; R.C. 1943, § 11-0505; S.L. 1965, ch. 98, § 5; 1993, ch. 401, § 7.

11-05-06. Canvass of votes and returns — How made.

The votes polled at an election held under the provisions of this chapter shall be canvassed and returned in the manner provided for canvassing votes polled at general elections.

Source: S.L. 1933, ch. 92, § 5; R.C. 1943, § 11-0506.

11-05-07. Affirmative vote necessary to consolidate counties.

A majority of the legal votes cast on the question of consolidation in each of the counties affected is necessary for approval of a county consolidation plan.

Source: S.L. 1933, ch. 92, § 4; 1937, ch. 121, § 1; R.C. 1943, § 11-0507; S.L. 1963, ch. 109, § 1; 1993, ch. 401, § 8.

11-05-08. Resubmission of question. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

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

Within ten days after the filing of the findings and certificates of the canvassing board on the question of consolidation in each of the counties, the county auditor of each county shall send a correct and duly certified abstract of the votes polled at the election to the secretary of state.

Source: S.L. 1933, ch. 92, § 6; 1937, ch. 121, § 1; R.C. 1943, § 11-0509.

11-05-09.1. Officer elections.

At the next succeeding general election after consolidation is approved by the voters and redistricting of the new county is accomplished pursuant to the consolidation plan, there must be elected for the new county all county officers provided for by general law or as prescribed in the approved consolidation plan, including members of the board of county commissioners. The terms for these offices begin on the first Monday in January next succeeding their election, or on another date as prescribed in the approved consolidation plan, at which time they replace all elected county officers of the previous counties. All appointive county officers are appointed by the officer or board upon which the power to appoint that officer is conferred.

Source: S.L. 1993, ch. 401, § 9.

11-05-09.2. Consolidated county.

On the first Monday in January following the election of county officers, or on another date as prescribed in the approved consolidation plan, the affected counties are for all purposes a single county as prescribed in the consolidated plan. All rights, privileges, and franchises of each of the counties, and all assets and liabilities, are deemed transferred to the new consolidated county. Any suit which may have been brought against a previous county may be brought, after consolidation, against the consolidated county.

Source: S.L. 1993, ch. 401, § 9.

11-05-10. Secretary of state to notify governor of result of election — Governor’s proclamation. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-11. Equalization of assets and liabilities of counties. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-11.1. Arbitration of disagreement. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-12. Records and equipment transferred to adjoining county. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-13. Money and property delivered to adjoining county — Money to be kept in separate fund. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-14. When consolidation is complete. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-15. Officers of petitioning county to hold office until time expires — Duties. [Repealed]

Repealed by S.L. 1965, ch. 98, § 54.

11-05-16. Judicial actions and proceedings transferred to courts of adjoining county. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-17. Trial of criminal cases transferred to adjoining county. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

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

Repealed by S.L. 1993, ch. 401, § 53.

11-05-19. Members of board of county commissioners of petitioning county to meet with board of adjoining county — Expiration of terms of officers of petitioning county. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

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

Repealed by S.L. 1993, ch. 401, § 53.

11-05-21. Compensation of commissioners of petitioning county — Vacancy not to be filled. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-22. Territory in petitioning county to remain in same legislative district until apportionment — Election of legislators — How conducted. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-23. Authority of officers of adjoining county. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05-24. Petitioning and adjoining counties liable for only their own debts. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

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

If authorized in the approved consolidation plan, the board of county commissioners of the consolidated county has all the powers which the board of county commissioners of a previous county had at the time of the consolidation, to levy taxes upon the property in the territory which, prior to the consolidation, constituted the previous county, for the purpose of paying the debts and obligations of the previous county in existence at the time of consolidation.

Source: S.L. 1933, ch. 92, § 13; 1939, ch 121, § 2; R.C. 1943, § 11-0525; S.L. 1993, ch. 401, § 10.

11-05-26. Board of county commissioners of consolidated county may issue evidences of indebtedness.

If authorized in the approved consolidation plan, the board of county commissioners of the consolidated county may compromise debts and obligations of a previous county and may issue bonds or certificates of indebtedness in settlement or compromise of, or to fund, those debts and obligations. Bonds or certificates issued under this section must bear upon their face a statement that the principal and interest to become due may be paid only from taxes levied upon the property within the territory which constituted the previous county prior to the consolidation.

Source: S.L. 1933, ch. 92, § 13; 1939, ch. 121, § 2; R.C. 1943, § 11-0526; S.L. 1993, ch. 401, § 11.

11-05-27. Suits against petitioning county brought against adjoining county — Payment of judgment against petitioning county. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-05.1-01. County consolidation committee.

1. Any two or more counties may create a county consolidation committee:
   1. By entering into a joint powers agreement or by joint resolution pursuant to separate majority votes of the participating boards of county commissioners; or
   2. By direct initiative through petitions signed by ten percent or more of the total number of qualified electors of each county voting for governor at the most recent gubernatorial election.
2. The composition of the committee is as prescribed in the joint powers agreement or joint resolution, or as the composition or manner for determining the composition is prescribed in the petition. However, the committee membership must include at least one resident of each incorporated city in each county.
3. Any vacancy may be filled as prescribed in the agreement or resolution or, if not prescribed, by the board of county commissioners of the county that was represented by the person vacating the position.
4. The committee has at least one hundred twenty days in which to consider and file its final report. After one hundred twenty days, the committee may be discharged by motion of either board of county commissioners.

Source: S.L. 1965, ch. 98, § 1; 1993, ch. 401, § 12.

11-05.1-02. Chairman — Secretary — Quorum.

The committee shall select its own chairman and shall appoint one of its members as secretary. A majority of the committee shall constitute a quorum and a majority of such quorum may act upon all matters properly before the committee.

Source: S.L. 1965, ch. 98, § 1.

11-05.1-03. Powers and duties — Contents of plan.

1. The committee, in studying and preparing a plan to consolidate the counties or change county lines, shall consider and include in the plan as appropriate:
   1. The fiscal impact of the proposed county consolidation or change in county lines and the economic viability of the proposed county or counties, including the costs of the proceedings to form the county or change county lines;
   2. The comparative costs of providing services in the affected counties and the proposed county or counties;
   3. The projected revenues available to the affected counties and the proposed county or counties;
   4. The final boundaries of the proposed county or counties;
   5. A procedure for the orderly and timely transfer of service functions and responsibilities from the affected counties to the proposed county or counties;
   6. A method or plan and timetable for redistricting the proposed consolidated county, pursuant to the redistricting principles enumerated in chapter 11-07. The redistricting process in the case of a change in county lines is as provided in section 11-06-08;
   7. The procedure and plan for equalization of the assets and liabilities of the affected counties, and procedures for negotiation and resolution of any subsequent disagreement regarding the equalization of assets and liabilities;
   8. An adjustment of existing bonded indebtedness and other obligations in a manner that will provide for a fair and equitable burden of taxation for debt service;
   9. The estimated taxes, assessments, or other authorized charges necessary in the proposed county to meet the liabilities in the first full fiscal year after the proposed county is formed;
   10. The structure or form of county government and the selection, powers, duties, functions, qualifications and training, terms, and compensation of officers;
   11. The application of the plan, if any, to each school district, city park district, and any other special taxing district within the affected counties;
   12. The transition in implementing the plan, including elements that consider the reasonable expectations of current officeholders such as compensation during an unexpired term of office and delayed effective dates for implementation at the end of a current term or a future term, upon the occurrence of a vacancy, or on a date certain;
   13. The limited application or temporary implementation of the plan, including provisions that permit implementation on an experimental or pilot basis such as the expiration of the plan on a date certain in the future, required reapproval of the plan by the electors at a future date, or a phased-in implementation of various components of the plan; and
   14. Other considerations and provisions that the committee decides to include and which are consistent with state law.
2. The committee may:
   1. Employ and fix the compensation and duties of necessary staff;
   2. Contract and cooperate with other individuals and public or private agencies considered necessary for assistance, including institutions of higher education;
   3. Establish advisory subcommittees that include, if desired, persons who are not members of the study committee;
   4. Hold public hearings and community forums and use other suitable means to disseminate information, receive suggestions and comments, and encourage public discussion of its purpose, progress, conclusions, and recommendations; and
   5. Draft a multicounty home rule charter as a charter commission pursuant to section 11-09.1-04.1, in lieu of proceeding pursuant to the provisions of chapter 11-05.

Source: S.L. 1965, ch. 98, § 1; 1985, ch. 235, § 14; 1993, ch. 401, § 13.

11-05.1-04. Approval of consolidation plan.

If the committee approves a consolidation plan, it must submit a report and a map showing the boundaries of the proposed county consolidation or change in county lines to the board of county commissioners of each affected county. The report may also be made available to all interested persons. When the report and map have been received by the respective boards of county commissioners, the boards of county commissioners of each county shall act pursuant to chapter 11-05 or 11-06.

Source: S.L. 1965, ch. 98, § 1; 1981, ch. 91, § 4; 1993, ch. 401, § 14.

11-05.1-05. Approval of new county government plan.

If the committee shall recommend a new form of county government among the optional plans provided by law, they shall submit a report of their findings to the board of county commissioners. If the plan submitted by the committee is the consolidated office form of government, the board of county commissioners shall proceed as provided in chapter 11-08 or if the plan is that of county managership form, then the board of county commissioners shall proceed as provided in chapter 11-09.

Source: S.L. 1965, ch. 98, § 1.

11-05.1-06. Expenses.

Except as otherwise provided by the implementing joint powers agreement, joint resolutions, or petitions, each member of the committee is entitled to receive from the county the actual and necessary expenses incurred by that member in attending scheduled meetings and in performance of official duties in the same manner and amounts as members of the board of county commissioners, but shall receive no salary or compensation for services performed. All expenses of the committee must be paid from county funds after approval of these expenses by the boards of county commissioners in the same manner as other general county expenses.

Source: S.L. 1965, ch. 98, § 1; 1993, ch. 401, § 15.

11-06-01. Changing county lines by transfer of territory from one county to another authorized — Petitions required.

Territory may be transferred from one county to another by compliance with the provisions of this chapter. A majority of the qualified electors, as determined by the vote cast for the office of governor at the last general election, residing in any territory comprising an area of not less than one congressional township, may petition the board of county commissioners of the county in which they reside, and the board of county commissioners of the county to which they desire territory transferred, for permission to have the territory described in the petition transferred from one county to another. Such petition shall be presented to the boards of county commissioners of the counties affected at least sixty days before a general election.

Source: R.C. 1895, § 1847; R.C. 1899, § 1847; R.C. 1905, § 2323; S.L. 1911, ch. 107, § 1; C.L. 1913, § 3199; R.C. 1943, § 11-0601.

11-06-02. Area and population requirements of county after change in boundaries — When petition disregarded. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-06-03. Election required — Duties of boards of county commissioners.

The boards of county commissioners to which petitions are addressed under the provisions of this chapter shall order an election to be held in their respective counties to vote upon the question of the change in county lines specified in the petitions if the petitions comply with the requirements of this chapter. Such election shall be held at and in connection with the general election next following the filing of the petitions.

Source: R.C. 1895, § 1847; R.C. 1899, § 1847; R.C. 1905, § 2323; S.L. 1911, ch. 107, § 1; C.L. 1913, § 3199; R.C. 1943, § 11-0603.

11-06-03.1. Boards of county commissioners to submit plan of county consolidation committee to electors.

Notwithstanding sections 11-06-01 and 11-06-03, if a plan for changing county lines is submitted by a county consolidation committee to two or more boards of county commissioners pursuant to chapter 11-05.1, each board of county commissioners shall submit the question of the change in county lines to the qualified electors of the county at a general election as specified by the county consolidation committee within two years of submission of the plan. The election must be held in conjunction with the election held in any other county proposed to be affected by the plan. Sections 11-06-06 and 11-06-07 apply to the plan for change in county lines, unless the plan provides an alternative implementation date or arrangement for debts of the transferred area.

Source: S.L. 1993, ch. 401, § 16.

11-06-04. Election — Notice — Ballot — Returns.

The notice of an election to change the boundaries of a county shall contain a description of the territory proposed to be transferred, the name of the county from which, and the name of the county to which, the transfer is intended to be made. The notice shall be posted as required for general elections. The ballot to be used at the election shall be in substantially the following form:

Shall (describe the territory) be transferred from the county of (name county) to the county of (name county)?Yes ⎭ No ⎭

Click to view

The result of the election shall be reported to the secretary of state.

Source: R.C. 1895, §§ 1847 to 1849; R.C. 1899, §§ 1847 to 1849; R.C. 1905, §§ 2323 to 2325; C.L. 1913, §§ 3199 to 3201; R.C. 1943, § 11-0604.

11-06-05. Petition and election within three years of prior election. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-06-06. When territory transferred — Assessment of taxes — Judicial and official proceedings — Township officers continue in office.

If a majority of the qualified electors in each of the counties affected voting on the question shall favor transferring the territory, such territory, on the first day of March succeeding the election, shall become a part of the county to which the transfer was proposed to be made. The assessment and collection of taxes and judicial and other official proceedings commenced prior to such first day of March shall be continued, prosecuted, and completed in the same manner as if no transfer had been made. All township officers within the transferred territory shall continue to hold their offices within the county to which such territory is transferred until their terms of office expire.

Source: R.C. 1895, § 1849; R.C. 1899, § 1849; R.C. 1905, § 2325; C.L. 1913, § 3201; R.C. 1943, § 11-0606.

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

Territory transferred under the provisions of this chapter shall not be released from the payment of its proportion of the debts of the county from which it was transferred. Such proportion shall be collected by the county to which the territory is transferred at an equal or greater rate than is levied and collected in the county from which the territory was transferred, such rate to be ascertained by the certificate of the county auditor of the county from which the territory was transferred. When the funds for the payment of such indebtedness are collected, such funds shall be paid over to the county entitled thereto. When the county to which territory is transferred is indebted, the board of county commissioners of such county shall release the transferred territory from the payment of such indebtedness to an amount equal to that which the territory is required to pay to the county from which it was transferred.

Source: R.C. 1895, §§ 1851, 1852; R.C. 1899, §§ 1851, 1852; R.C. 1905, § 2327; C.L. 1913, § 3203; R.C. 1943, § 11-0607.

11-06-08. Redistricting when county enlarged.

Whenever the boundaries of any organized county shall have been enlarged by the addition thereto of any additional territory, the board of county commissioners of such county shall redistrict the county into commissioner districts immediately. Such redistricting may be done at a regular or special meeting. The districts shall be made as regular and as compact in form as practicable and as nearly equal in population as possible, but no new district shall be so formed that any two of the then acting commissioners shall reside in the same district.

Source: S.L. 1905, ch. 71, §§ 1, 2; R.C. 1905, § 2340; C.L. 1913, § 3216; R.C. 1943, § 11-0608.

11-06-09. When territory less than one congressional township — Election.

When a majority of the qualified electors of a territory containing less than one congressional township shall petition the boards of county commissioners as provided in section 11-06-01, such boards, in their discretion, may order elections to be held as provided in this chapter to pass upon the question of the change in county lines prayed for in the petitions.

Source: R.C. 1895, § 1853; R.C. 1899, § 1853; R.C. 1905, § 2328; C.L. 1913, § 3204; R.C. 1943, § 11-0609; S.L. 1985, ch. 235, § 15.

11-07-01. County redistricting board — Membership — Powers.

The redistricting board shall be composed of the following members:

1. The chairman of the board of county commissioners, who shall act as chairman of the redistricting board.
2. The state’s attorney.
3. A citizen or member of the governing body selected by the governing body of the city having the largest population, according to the most recent federal decennial census, in the county.
4. A township supervisor selected by the township supervisors at a meeting called by the county auditor, if more than one-half of the townships are organized, whose service upon the board shall be contingent upon that person’s service in office as a township supervisor, or a citizen member at large appointed by the county commission if less than one-half of the townships are organized.
5. A citizen at large selected by representatives of each of the cities of the county, excluding the largest city, if there is a total of at least three incorporated cities in such county. Such representatives shall consist of one member of and selected by the governing body of each of the cities in the county, other than the largest city. The selection of the member of the redistricting board shall be made at a meeting called by the county auditor for such purpose. In the event there is not a total of three cities in the county, or that the selection is not made at the meeting called by the county auditor, such citizen at large shall be selected by the redistricting board at its first meeting. Such citizen at large shall serve until the time of the next decennial redistricting.
6. The county auditor, or such other county official responsible for conducting elections within the county, as an ex officio, nonvoting member for the purpose of advising the redistricting board on other existing election districts and precinct boundaries.

Vacancies upon the board shall be filled in the same manner as in the case of original selection. Such board may change the boundaries of the commissioners’ districts of the county in accordance with the provisions of this chapter.

Source: S.L. 1895, ch. 34, § 1; R.C. 1895, § 1894; R.C. 1899, § 1894; S.L. 1901, ch. 54, § 1; R.C. 1905, § 2388; C.L. 1913, § 3262; R.C. 1943, § 11-0701; S.L. 1969, ch. 128, § 1; 2009, ch. 110, § 1.

11-07-02. When districts must be changed — Additional meeting — Public hearing — Notice.

Each redistricting board shall, within three months after official publication of each federal decennial census, meet at the call of the chairman to organize as provided in this chapter and to consider redistricting, unless the county commissioners are currently elected at large pursuant to subsection 3 of section 11-07-03 and neither a resolution of the board of county commissioners nor a citizen petition pursuant to this section has called for such meeting. A redistricting board may additionally meet during a census interim if a resolution calling for a meeting is passed by the board of county commissioners or a petition calling for a meeting signed by ten percent of the qualified electors of the county as determined by the number of votes cast for governor in the last gubernatorial election is presented to the board of county commissioners. If any one district in the county varies more than ten percent from the average population per commissioner in such county determined by dividing the total population of the county at the last federal decennial census by the number of commissioners’ districts in such county, or if county commissioners are elected at large, the redistricting board shall redistrict the county, as provided in this chapter. If redistricting of a county is required, the chairman of the redistricting board shall, not less than thirty days before the filing of the plan pursuant to section 11-07-03, call a meeting for the purpose of conducting a public hearing to review alternative plans for such redistricting. Notice of such meeting shall be published or caused to be published by the chairman in the official county newspaper at least ten days prior to the date of such hearing.

Source: S.L. 1895, ch. 34, § 1; R.C. 1895, § 1894; R.C. 1899, § 1894; S.L. 1901, ch. 54, § 1; R.C. 1905, § 2388; C.L. 1913, § 3262; R.C. 1943, § 11-0702; S.L. 1969, ch. 128, § 2; 1979, ch. 156, § 1; 1985, ch. 235, § 16; 2009, ch. 110, § 2.

11-07-03. Method of redistricting — Election of commissioners at large if redistricting not accomplished by time certain.

The redistricting board shall provide for the election of county commissioners as follows:

1. In redistricting a county, the redistricting board shall first attempt to make the districts contiguous following township lines where practicable, as regular and compact in form as practicable, and as substantially equal in population as possible. In no event shall any commissioner’s district vary in population more than ten percent from the average population per commissioner as determined in section 11-07-02, and any variance from the average population shall be justified in the statement filed pursuant to this section.
2. If the redistricting board determines that redistricting pursuant to subsection 1 is impossible or would create illogical or impracticable districts, the redistricting board shall attempt to make districts of as nearly equal populations as is practicable, but such districts, when created wholly within the boundaries of a city, may coincide with the geographical boundaries of election wards. All of the candidates seeking the office of county commissioner in a county redistricted pursuant to this section must be voted upon by the qualified electors of the entire county, but one of the commissioners to be elected must reside in each of the districts created pursuant to this section. The official ballot must designate the commissioner district of each candidate by having printed thereon the words “of commissioner district” and the designation of that district in close proximity to the candidate’s name. When an individual is seeking nomination as a candidate for the office of county commissioner at a primary election, the two candidates from each of the commissioner districts receiving the highest number of votes are deemed nominated. If only one candidate is seeking nomination from a particular commissioner district, that candidate will be deemed nominated. Following redistricting pursuant to this subsection, the board of county commissioners may combine two or more of the districts so created by resolution passed by a majority of the total membership of the board. In the event that two or more commissioner districts are combined, the number of commissioners elected who must reside in the combined district is equal to the number of districts combined. In the event that a county commissioner changes the place of residence within the county after election from a particular district, the commissioner must be allowed to complete the remainder of that term of office. A candidate elected as county commissioner on a staggered basis as provided in section 11-07-04 must be elected at large, but must reside in the same district the commissioner represented whom the candidate is to succeed in office.
3. In the event that redistricting is required but not completed in the manner prescribed in subsection 1 or 2, all commissioners’ districts in such county shall be abolished and, notwithstanding the provisions of section 11-11-02, thereafter county commissioners for such county shall be elected at large without regard to district representation in the manner and at the time provided in this title and shall continue to be elected at large until a proper redistricting plan is filed as required by this chapter.

The geographical boundaries of new districts created by the redistricting board must be agreed upon by a majority of the board. Redistricting must be completed by the filing, by the chairman of the redistricting board, of an accurate description of the redistricting method employed and the approved geographical boundaries and a statement of the population of the new districts, including an explanation of any variances, with the county auditor by January first of an even-numbered year to be effective for that year’s elections.

Source: S.L. 1895, ch. 34, § 1; R.C. 1895, § 1894; R.C. 1899, § 1894; S.L. 1901, ch. 54, § 1; R.C. 1905, § 2388; C.L. 1913, § 3262; R.C. 1943, § 11-0703; S.L. 1969, ch. 128, § 3; 1971, ch. 117, § 1; 1979, ch. 156, § 2; 2009, ch. 110, § 3.

11-07-03.1. Optional method of redistricting — Board of county commissioners may exercise option — Combination of districts — Election at large of candidates from districts. [Repealed]

Repealed by S.L. 2009, ch. 110, § 5.

11-07-04. Commissioners’ terms of office — Staggered terms.

1. When redistricting is completed or if failure to redistrict requires at large election of commissioners as provided in section 11-07-03, all commissioners then holding office who will be elected in the same manner, either from districts or at large, as they were elected at the last election shall complete the remainder of that term of office. However, an election must be held at the next general election in any district where redistricting places two or more holdover commissioners in that district or leaves a district without a commissioner residing in the district. In those counties retaining the same method of electing county commissioners as that utilized before a decennial, or other, redistricting, elections must continue on a staggered basis in accordance with the same classes in force before the effective date of a redistricting. At the first general election following redistricting of the county or election of commissioners at large, the county commissioner offices held by commissioners whose terms would end in the month of December following that general election must be open for election.
2. If the county previously elected county commissioners at large and the county has been divided into districts, those elected in districts designated by even numbers constitute one class and those elected in districts designated by odd numbers constitute the other class. If election of commissioners at large is necessary and the county previously was districted, classes of such commissioners must be determined by assigning a number to their respective offices according to the numerical total of the votes cast for them at the general election at which they were elected. The commissioners of one class elected in the first election held following a redistricting pursuant to this chapter hold office for two years and those of the other class hold office for four years. The determination of the two classes must be by lot so that one-half of the commissioners, as nearly as practicable, may be elected biennially. An individual mutually agreed upon by the two classes of commissioners shall perform the lot in the presence of all of the newly elected commissioners affected by this subsection within thirty days after the date of the first general election following redistricting or election of commissioners at large, if required, and shall certify in writing the results of such lot to the county auditor within five days after its completion.

Source: S.L. 1895, ch. 34, § 2; R.C. 1895, § 1895; R.C. 1899, § 1895; S.L. 1901, ch. 54, § 1; R.C. 1905, § 2389; C.L. 1913, § 3263; R.C. 1943, § 11-0704; S.L. 1949, ch. 117, § 1; 1957 Supp., § 11-0704; S.L. 1969, ch. 128, § 4; 1981, ch. 804, § 1; 1991, ch. 326, § 6; 2001, ch. 115, § 1; 2013, ch. 92, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 92, S.L. 2013 became effective August 1, 2013.

11-07-05. First redistricting under chapter.

The first redistricting of county commissioners’ districts under this chapter shall be completed as required in this chapter no later than December 31, 1971, and at least each ten years thereafter. Failure of any redistricting board to complete such redistricting plan and file it with the county auditor, as required by this chapter, shall result in all county commissioners’ districts being abolished at such date, and all county commissioners holding office shall be elected at large at the next general election, as provided in this chapter, and shall continue to be elected at large at succeeding elections until a proper redistricting plan is so filed.

Source: S.L. 1969, ch. 128, § 5; 1979, ch. 156, § 3.

11-07-06. Petitions — Signers required — Submission of question to voters.

The board of county commissioners, upon receipt of a petition signed by at least ten percent of the qualified electors of the county as determined by the number of votes cast for the office of governor at the preceding general election, shall, in accordance with applicable provisions of title 16.1, cause the question of whether commissioners shall be elected at large to be submitted to the qualified electors of the county at the next succeeding primary or general election. If approved by sixty percent of the qualified electors voting at such election, all county commissioner districts in the county must be immediately dissolved, and thereafter as the term of office of each member of the board of county commissioners expires, the office must be filled by an election at large.

Source: S.L. 1969, ch. 128, § 6; 1985, ch. 235, § 17; 1999, ch. 204, § 1.

11-08-01. Who may adopt county consolidated office form of government.

Any county in this state may adopt the county consolidated office form of government in accordance with the provisions of this chapter.

Source: S.L. 1941, ch. 130, § 1; R.C. 1943, § 11-0801.

11-08-02. Board of county commissioners to submit plan to electorate. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

11-08-02.1. Board of county commissioners may submit plan.

The question of the adoption of a consolidated office form of government may be submitted at the next primary election as provided by this chapter by the board of county commissioners by a resolution adopted by the affirmative vote of a majority of the entire board.

Source: S.L. 1965, ch. 98, § 9; 1993, ch. 401, § 17.

11-08-03. Election — Notice — How conducted — Canvass — Return.

The county auditor shall publish a notice of the election in the official county newspaper once each week for four successive weeks prior to the election at which the question is to be submitted. The notice shall contain the question to be voted upon and the statement that the question will be submitted to the electors at the election designated therein for their approval or rejection. In all other respects, the election upon such question shall be held and conducted and the votes canvassed and returned in the manner provided by the laws of this state for the election of county officers at a general election.

Source: S.L. 1941, ch. 130, § 2, subs. b; R.C. 1943, § 11-0803.

11-08-04. Ballot — Form.

The ballot to be used in the election shall be in substantially the following form:

Shall the county consolidated office form of government be adopted by the county of (name of county)?Yes ⎭ No ⎭

Click to view

Source: S.L. 1941, ch. 130, § 2, subs. a; R.C. 1943, § 11-0804.

11-08-05. Vote required — Effective date — Procedure for discontinuance.

If a majority of the votes cast on the question of the adoption of the county consolidated form of government are in favor of that form, it becomes effective on the first day of January next succeeding the election. All elected officers whose offices become appointive under this chapter shall continue in office until their successors are appointed pursuant to the provisions of this chapter. The question of the discontinuance of the county consolidated office form of government may be submitted to the electors at the next primary election through the same procedures set forth in this chapter for adopting that form of government. On the first day of January following a vote to discontinue, the county reverts to the form of government of the county immediately preceding adoption of the consolidated office form of government, with all offices made appointive under this chapter subject to election at the last preceding general election, or to another optional form of county government adopted by the electors as provided by law.

Source: S.L. 1941, ch. 130, §§ 2, subs. c, 4; R.C. 1943, § 11-0805; S.L. 1965, ch. 98, § 10; 1993, ch. 401, § 18; 1999, ch. 98, § 1.

11-08-06. Officers in county adopting consolidated office form of government.

In addition to the board of county commissioners provided for by this title, the officers in a county which has adopted the county consolidated office form of government are as follows:

1. One county auditor who shall be ex officio recorder and, unless the clerk of district court serving the county is an employee of the state judicial system, ex officio clerk of the district court.
2. One state’s attorney.
3. One sheriff.
4. One county treasurer, unless the office with its attendant powers and duties is combined with and conferred upon the county auditor by the board of county commissioners but no added compensation may be paid the county auditor in said capacity.
5. Repealed by S.L. 1989, ch. 137, § 10.
6. One coroner.

Source: S.L. 1941, ch. 130, § 3; R.C. 1943, § 11-0806; S.L. 1965, ch. 98, § 11; 1981, ch. 320, § 5; 1985, ch. 151, § 2; 1989, ch. 137, § 10; 1991, ch. 326, § 7; 1999, ch. 278, § 2; 2001, ch. 120, § 1.

11-08-07. Appointive officers — County commissioners, sheriff, and state’s attorney elected — Terms of office — How vacancy filled.

The board of county commissioners shall appoint each county officer mentioned in section 11-08-06, except the members of the board of county commissioners, who must be elected in the manner provided in section 11-11-02, and the sheriff and the state’s attorney, who must be elected as provided in section 11-10-02, except as provided in section 11-10-02.3. Each county officer shall hold office for a term of four years, except as otherwise provided in this chapter, and until the officer’s successor is duly appointed and qualified. The board of county commissioners shall fill any vacancy resulting from any cause.

Source: S.L. 1941, ch. 130, §§ 3, 4; R.C. 1943, § 11-0807; S.L. 1953, ch. 110, § 1; 1957, Supp., § 11-0807; S.L. 1981, ch. 320, § 6; 1991, ch. 326, § 8; 1999, ch. 98, § 2.

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

The county officers to be appointed must be appointed by the board of county commissioners at the following times in the year in which the county consolidated office form of government goes into effect:

1. On or before the fifteenth day of January, the coroner must be appointed, and the coroner must qualify within ten days thereafter.
2. Not less than ten days prior to April first, the county auditor must be appointed, and the appointee qualify within ten days thereafter.
3. Not less than ten days prior to May first, the county treasurer must be appointed, and the appointee must qualify within ten days thereafter.

Thereafter, the appointments must be made within ten days prior to the expiration of the terms of office of the officers. The failure of the board of county commissioners to make any appointment within the time prescribed does not impair its power to make the appointment subsequently for the remainder of the term of office of the officer so appointed.

Source: S.L. 1941, ch. 130, § 4; R.C. 1943, § 11-0808; S.L. 1981, ch. 320, § 7; 1985, ch. 151, § 3; 1989, ch. 137, § 1; 1999, ch. 98, § 3.

11-08-09. Compensation of officers.

Each member of the board of county commissioners and each other county officer who is appointed by the board or elected must receive as compensation for services the salary prescribed by law for the officer, except that the county auditor must receive a salary not exceeding three thousand dollars per annum and the county treasurer must receive a salary not exceeding the amount provided by law for the office of county treasurer, to be fixed by the board of county commissioners.

Source: S.L. 1941, ch. 130, § 5; R.C. 1943, § 11-0809; 1999, ch. 98, § 4.

Cross-References.

Compensation of county officers, see N.D.C.C. § 11-10-10.

11-08-10. Sheriff or state’s attorney of adjoining county may run for election — Term of office — Compensation.

The sheriff or the state’s attorney, or both, of an adjoining county may run for election in a county which has adopted the county consolidated office form of government. Any such officer of an adjoining county so elected shall serve for a term of four years and until that officer’s successor is elected and qualified. An officer elected under this section is eligible to serve in such dual capacity and must receive, in addition to the salary as an officer of the county of residence, a sum not exceeding one-half of such salary, to be fixed by the board of county commissioners. The additional salary must be paid by the county in the same manner as other county officers are paid.

Source: S.L. 1941, ch. 130, §§ 3, 5; R.C. 1943, § 11-0810; S.L. 1989, ch. 137, § 2; 1999, ch. 98, § 5.

11-08-11. Powers and duties of county auditor.

The county auditor, in addition to the duties and powers conferred by law on that officer, shall perform the duties and functions and exercise the powers conferred on the recorder and, subject to subsection 1 of section 11-08-06, the clerk of the district court. The auditor shall be the chief administrative officer of the county. The board of county commissioners may delegate to the county auditor such duties of an administrative or executive nature as are not specifically conferred by law upon other officers. Such delegated duties shall be exercised by the county auditor under the supervision of the board of county commissioners.

Source: S.L. 1941, ch. 130, §§ 6, 8; R.C. 1943, § 11-0811; S.L. 1981, ch. 320, § 8; 1999, ch. 278, § 3; 2001, ch. 120, § 1.

11-08-12. Powers and duties of board of county commissioners.

The board of county commissioners shall exercise such powers and perform such duties as are provided by law except as such powers or duties are modified specifically or enlarged by this chapter.

Source: S.L. 1941, ch. 130, § 8; R.C. 1943, § 11-0812.

11-08-13. Powers and duties of other officers.

The sheriff, state’s attorney, and coroner elected or appointed under this chapter shall perform the duties and exercise the powers conferred by law upon them.

Source: S.L. 1941, ch. 130, § 7; R.C. 1943, § 11-0813; S.L. 1981, ch. 320, § 9; 1985, ch. 151, § 4; 1989, ch. 137, § 3; 1999, ch. 98, § 6.

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

Subject to the approval of the board of county commissioners, the county auditor may appoint a deputy auditor, a deputy recorder, and, subject to subsection 1 of section 11-08-06, a deputy clerk of the district court. The compensation of any such deputy appointed pursuant to this section shall be fixed by the board of county commissioners. The same person may be appointed to serve as deputy in two or more offices. Subject to the approval of the board of county commissioners, the county auditor may employ such clerks, stenographers, and other county employees as may be required to perform the duties of the several offices under the auditor’s direction. The compensation of the employees shall be fixed by the board of county commissioners. Any deputy or employee shall serve at the pleasure of the county auditor and may be appointed or employed to serve on a part-time basis.

Source: S.L. 1941, ch. 130, § 6; R.C. 1943, § 11-0814; S.L. 1981, ch. 320, § 10; 1999, ch. 278, § 4; 2001, ch. 120, § 1.

11-08-15. Removal of officers.

Any county officer appointed by the board of county commissioners or elected under the provisions of this chapter may be suspended or removed by the governor or by judicial proceedings in the manner provided by law.

Source: S.L. 1941, ch. 130, § 3; R.C. 1943, § 11-0815; 1999, ch. 98, § 7.

Cross-References.

Removal proceedings, see N.D.C.C. chs. 44-10 and 44-11.

11-09-01. County manager government — Forms.

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

1. Short form of county managership with the office of county manager to be an appointed office.
2. County manager form with the office of county manager to be an appointed office.
3. Short form of county managership with the office of county manager to be an elected office.
4. County manager form with the office of county manager to be an elected office.

The procedure for adopting any one of these forms of government shall be as is provided in this chapter. Unless otherwise expressly indicated, the provisions of this chapter shall apply to all the forms of county managership.

Source: S.L. 1941, ch. 131, § 1; 1941, ch. 132, § 1; R.C. 1943, § 11-0901; S.L. 1965, ch. 98, § 12.

11-09-02. Board of county commissioners to submit plan to electorate. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

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

Upon a petition filed with the county auditor at least ninety days in advance of any countywide election signed by not less than ten percent of the qualified electors of the county as determined by the total number of votes cast for the office of governor at the last general election, asking that an election be held on the question of the adoption of one of the forms of county managership and specifying which of the forms is to be submitted, the board of county commissioners shall submit the question at the next regular primary or general election.

Source: S.L. 1975, ch. 86, § 1; 1977, ch. 87, § 1.

11-09-03. Board of county commissioners may submit plan.

The question of the adoption of any county manager form of government may be submitted to the qualified electors of the county at the next primary election by the board of county commissioners by a resolution adopted by the affirmative majority vote of the entire board. The resolution must clearly designate which form of government is submitted.

Source: S.L. 1941, ch. 131, § 2, subs. a; 1941, ch. 132, § 2, subs. a; R.C. 1943, § 11-0903; S.L. 1965, ch. 98, § 14; 1981, ch. 136, § 1; 1993, ch. 401, § 19.

11-09-04. Notice of election — How election held — Canvass — Return.

The county auditor shall publish once each week for four successive weeks prior to the election at which the question is to be submitted, in the official newspaper of the county, a notice of the election on the question of the adoption of a county manager form of government. The notice shall specify which form of county managership is to be submitted to the electors. The election upon such question shall be held and conducted and the votes canvassed and returned in the manner provided for the election of county officers at a general election.

Source: S.L. 1941, ch. 131, § 2, subs. b; 1941, ch. 132, § 2, subs. b; R.C. 1943, § 11-0904.

11-09-05. Ballot for submitting question of the adoption of one of the county manager forms of government.

The ballot to be used at an election on the question of the adoption of one of the county manager forms of government shall be in substantially the following form:

Shall County (name the county) adopt the (name one of the plans given in section 11-09-01)?Yes ⎭ No ⎭

Click to view

Source: S.L. 1941, ch. 131, § 2, subs. a; R.C. 1943, § 11-0905; S.L. 1965, ch. 98, § 15.

11-09-06. Ballot for submitting question of adopting the short form of county managership. [Repealed]

Repealed by S.L. 1965, ch. 98, § 54.

11-09-07. Vote required — Effective date.

If a majority of the votes cast on the question of adoption of a county manager form of government are in favor of that form, it becomes effective on the first day of January next succeeding the election or on a later date as may be designated in the plan or resolution. All elected offices no longer filled by popular election are abolished on the effective date.

Source: S.L. 1941, ch. 131, § 2, subs. c; 1941, ch. 132, § 2, subs. c; R.C. 1943, § 11-0907; S.L. 1965, ch. 98, § 16; 1993, ch. 401, § 20.

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

In a county adopting any form of county managership, the board of county commissioners shall consist of three or five members as is provided by general statute. Members of the board of county commissioners holding office when any form of county managership goes into effect shall continue in office until the expiration of their terms. Thereafter, county commissioners shall be elected in the manner provided by general statute.

Source: S.L. 1941, ch. 131, § 17, subs. n; 1941, ch. 132, § 17, subs. n; R.C. 1943, § 11-0908; S.L. 1965, ch. 98, § 17.

11-09-09. Powers of board of county commissioners — Failure of witness to obey order of board is a misdemeanor.

The board of county commissioners of a county which has adopted any form of county managership shall be the policy-determining body of the county and shall have the following powers:

1. To exercise all of the powers of the county as a body politic and corporate in the manner provided in this chapter.
2. To levy taxes and to appropriate county funds.
3. To inquire into the official conduct of any officer or office under its control and to investigate the accounts, disbursements, bills, and receipts of any county officer. For these purposes, it may subpoena witnesses, administer oaths, and require the production of books, papers, and other evidence. If a witness fails or refuses to obey any lawful order of the board, the witness shall be deemed guilty of a class A misdemeanor.
4. To preserve order in its sessions and enforce obedience for this purpose by fines not exceeding five dollars or by imprisonment in the county jail for not more than twenty-four hours.

Source: S.L. 1941, ch. 131, §§ 3, 4, subss. a, b, c; 1941, ch. 132, §§ 3, 4, subss. a, b, c; R.C. 1943, § 11-0909; S.L. 1965, ch. 98, § 18; 1975, ch. 106, § 77.

11-09-10. Appointment of county manager — Tenure of office — Compensation.

The county manager, in a county which has adopted either of the appointed forms of county managership, shall be appointed by the board of county commissioners. The county manager shall be appointed with regard to merit only and need not be a resident of the county at the time of appointment. No member of the board shall be chosen county manager during the time for which the member is elected nor shall the managerial powers be given to a person who at the same time is filling an elective office. The manager shall not be appointed for a definite tenure but shall be removable at the pleasure of the board. The county manager shall devote full time to county manager work. The county manager’s compensation shall be fixed by the board. In the absence or disability of the manager, the board may designate some responsible person to perform the duties of the office.

Source: S.L. 1941, ch. 131, § 6, subss. a, b; 1941, ch. 132, § 6, subss. a, b; R.C. 1943, § 11-0910; S.L. 1965, ch. 98, § 19.

11-09-10.1. Election of county manager — Tenure of office — Compensation — Vacancy — Removal — Recall.

The board of county commissioners in a county which has adopted either of the elected forms of county managership shall appoint a temporary county manager until a person shall be elected to such office at the next general election following the effective date of said form of government. The person so elected shall take office on the first day of January following the general election and serve for a term of four years. The compensation for the office shall be fixed by the board of county commissioners. A vacancy in the office of county manager shall be determined and filled pursuant to chapter 44-02. The elected county manager shall be subject to removal and recall as provided by general law for other elected county officials.

Source: S.L. 1965, ch. 98, § 20.

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

The county manager, and in a county adopting a county manager form of government, the directors of all departments, and all other officers of the county shall be entitled to be present at all sessions of the board of county commissioners. The manager shall have the right to present the manager’s views on all matters coming before the board, and the directors and other officers, whether elective or appointive, shall be entitled to present their views relating to their respective departments or offices.

Source: S.L. 1941, ch. 131, § 9; 1941, ch. 132, § 9; R.C. 1943, § 11-0911; S.L. 1965, ch. 98, § 21.

11-09-12. Powers and duties of county manager.

The county manager of any county adopting any form of county managership shall:

1. Serve as the administrative head of the county government and be responsible to the board of county commissioners for the proper administration of all the affairs of the county which the board has authority to control.
2. Supervise the collection of all revenues.
3. Guard adequately all expenditures and secure proper accounting of all funds.
4. Look after the physical property of the county and exercise general supervision over all county institutions and agencies.
5. With the approval of the board of county commissioners, coordinate the various activities of the county and unify the management of its affairs.
6. Execute and enforce all resolutions and orders of the board of county commissioners and see that all laws of the state required to be enforced through the board or other county officers subject to its control are faithfully executed.
7. Attend all meetings of the board of county commissioners and recommend such actions as the county manager may deem expedient.
8. Appoint all officers and employees in the administrative service of the county except as otherwise provided in this chapter, and such employees may be employed on a part-time basis and may be transferred among the different departments.
9. With the approval of the board of county commissioners, fix the compensation of all officers, both elective and appointive, and of all employees whom the county manager or a subordinate appoints.
10. Have the power to remove such officers, agents, or employees as the county manager may appoint, and report every appointment or removal to the next meeting of the board of county commissioners.
11. Prepare and submit the annual budget and execute the budget in accordance with the resolutions and appropriations made by the board of county commissioners.
12. Make regular monthly reports to the board of county commissioners in regard to matters of administration, and keep the board fully advised as to the financial condition of the county.
13. Examine regularly the books and papers of every officer and department of the county and report to the board of county commissioners the condition in which the county manager finds them, and the county manager may order an audit of any office at any time.
14. Perform such other duties as may be required of the county manager by the board of county commissioners.

Source: S.L. 1941, ch. 131, §§ 6, subs. a, 7, 10, 11, subs. d; 1941, ch. 132, §§ 6, subs. a, 7, 10, 11, subs. b; R.C. 1943, § 11-0912; S.L. 1965, ch. 98, § 22.

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

If the board of county commissioners of a county which has adopted either of the appointed forms of county managership determines to remove the manager, the manager shall be given, if the manager so demands, a written statement of the reasons alleged for the proposed removal and a right to a hearing thereon at a public meeting of the board prior to the date on which the manager’s final removal shall take effect. Prior to and during the hearing, the board may suspend the manager from office, but the period of suspension shall be limited to thirty days. The action of the board in suspending or removing the manager shall not be subject to review.

Source: S.L. 1941, ch. 131, § 6, subs. b; 1941, ch. 132, § 6, subs. b; R.C. 1943, § 11-0913; S.L. 1965, ch. 98, § 23.

11-09-14. Administrative activities, responsibility of county manager.

The county manager shall be responsible to the board of county commissioners for the administration of the following activities:

1. All duties now or hereafter imposed by general law on the county auditor in the matter of assessment of property for taxation and the preparation of the tax rolls.
2. The collection of the taxes, license fees, and other revenues of the county and its subdivisions.
3. The custody of and accounting for all public funds belonging to or handled by the county.
4. The purchase of all supplies for the county except those specifically excepted by this chapter.
5. The care of all county buildings.
6. The care and custody of all the personal property of the county.
7. The recording of deeds, mortgages, and other instruments, and the entry and preservation of such other public records as the law requires.
8. The construction and maintenance of county highways and bridges.
9. Such relief and welfare activities as by general law are made county functions.
10. Public health work and the operation of the county hospitals.
11. Such other activities of the county as are not assigned specifically to some other officer or agency by this chapter.

Source: S.L. 1941, ch. 131, § 11, subs. a; 1941, ch. 132, § 11, subs. a; R.C. 1943, § 11-0914.

11-09-15. Administrative activities assigned to departments in county adopting county manager form of government.

In a county which has adopted a county manager form of government, the county manager shall distribute the administrative activities among the following departments:

1. Department of finance.
2. Department of public works.
3. Department of public welfare.

The board of county commissioners may establish additional departments. Upon recommendation of the county manager, any activity which is unassigned by this chapter shall be assigned by the board to an appropriate department and any activity so assigned may be reassigned to another department.

Source: S.L. 1941, ch. 131, § 11, subs. b; R.C. 1943, § 11-0915; S.L. 1965, ch. 98, § 24.

11-09-16. Directors of departments appointed.

The county manager in a county adopting a county manager form of government shall appoint a director for each department provided for or authorized by section 11-09-15. With the consent of the board of county commissioners, the manager may act as the director of one or more departments or appoint one director for two or more departments.

Source: S.L. 1941, ch. 131, § 11, subs. c; R.C. 1943, § 11-0916; S.L. 1965, ch. 98, § 25.

11-09-17. Auditor — Who to act.

Except as otherwise provided in this chapter, in counties adopting a short form of county managership, the functions imposed on the county auditor by general statute shall be performed by or under the direction of the county manager, and in counties adopting a county manager form of government, by the director of finance.

Source: S.L. 1941, ch. 131, § 17, subs. c; 1941, ch. 132, § 17, subs. c; R.C. 1943, § 11-0917; S.L. 1965, ch. 98, § 26.

Cross-References.

Function of county auditor, see N.D.C.C. ch. 11-13.

11-09-18. State’s attorney to be elected — Powers — Duties.

Except as provided in section 11-10-02.3, the state’s attorney of a county adopting any form of county managership must be elected in the manner prescribed by general statutes. The state’s attorney shall serve as legal adviser to the board of county commissioners and to the county manager, act as counsel for the county in any suit instituted by or against it, and perform other duties as may be prescribed by the board of county commissioners or which are imposed on state’s attorneys by general statute. The state’s attorney of an adjoining county may run for election in a county which has adopted a short form of county managership. The compensation of the state’s attorney of an adjoining county must be that agreed upon by the person so elected, the county manager, and the boards of county commissioners of the two counties affected.

Source: S.L. 1941, ch. 131, § 17, subs. a; 1941, ch. 132, § 17, subs. a; R.C. 1943, § 11-0918; S.L. 1965, ch. 98, § 27; 1999, ch. 98, § 8.

Cross-References.

Duties of state’s attorney, see N.D.C.C. § 11-16-01.

11-09-19. Sheriff — Election — Duties — Powers.

The sheriff of a county adopting any form of county managership must be elected in the manner prescribed by general statutes and must perform the duties and be subject to the restrictions contained in the general statutes. The sheriff of an adjoining county may run for election in a county that has adopted a short form of county managership. The compensation of the sheriff of an adjoining county must be that agreed upon by the sheriff so elected, the county manager, and the boards of county commissioners of the counties affected.

Source: S.L. 1941, ch. 131, § 17, subs. b; 1941, ch. 132, § 17, subs. b; R.C. 1943, § 11-0919; S.L. 1965, ch. 98, § 28; 1973, ch. 86, § 1; 1999, ch. 98, § 9.

Cross-References.

Duties of sheriff, see N.D.C.C. ch. 11-15.

11-09-20. Treasurer — Who to perform functions.

The functions imposed on county treasurers by general statutes shall be performed by or under the direction of:

1. The county manager in a county adopting a short form of county managership.
2. The director of finance in a county adopting a county manager form of government.

Each of such officers shall act as tax collector and county treasurer or shall appoint and have supervision over the person performing such duties.

Source: S.L. 1941, ch. 131, §§ 14, subs. d, 17, subs. d; 1941, ch. 132, §§ 14, subs. d, 17, subs. d; R.C. 1943, § 11-0920; S.L. 1965, ch. 98, § 29.

Cross-References.

Functions of treasurer, see N.D.C.C. ch. 11-14.

11-09-21. Designation of depository in lieu of appointment of treasurer.

In a county adopting any form of county managership, the board of county commissioners, in lieu of the appointment of a treasurer, may select and designate annually, by ordinance or recorded resolution, some bank or trust company as an official treasury for the funds of the county. Any bank or trust company serving as depository for county funds shall be subject to such requirements as to security therefor and interest thereon as are provided by general statutes for public depositories. All interest on moneys so deposited shall accrue to the benefit of the county.

Source: S.L. 1941, ch. 131, § 14, subs. d; 1941, ch. 132, § 14, subs. d; R.C. 1943, § 11-0921; S.L. 1965, ch. 98, § 30.

11-09-22. County judge — Election — Duties. [Repealed]

Repealed by S.L. 1991, ch. 326, § 203.

11-09-23. Clerk of the district court — Who shall act. [Repealed]

Repealed by S.L. 1991, ch. 326, § 203.

11-09-24. County superintendent of schools — Election or appointment — Duties. [Repealed]

Repealed by S.L. 1989, ch. 137, § 10.

11-09-25. Recorder — Who to act.

In counties adopting a short form of county managership, the functions imposed on the recorder shall be performed, except as otherwise provided in this chapter, by or under the direction of the county manager. In counties adopting a county manager form of government, such functions, except as otherwise provided in this chapter, shall be performed by or under the direction of the director of finance.

Source: S.L. 1941, ch. 131, § 17, subs. e; 1941, ch. 132, § 17, subs. e; R.C. 1943, § 11-0925; S.L. 1965, ch. 98, § 34; 2001, ch. 120, § 1.

Cross-References.

Functions of recorder, see N.D.C.C. ch. 11-18.

11-09-26. Constable — Office abolished — Who to perform duties. [Repealed]

Repealed by S.L. 1985, ch. 151, § 35.

11-09-27. Coroner — Office abolished — Who to perform duties.

In counties adopting any form of county managership, the office of coroner shall be abolished. The functions of that office shall be performed by the county manager in counties adopting a short form of county managership, and in counties adopting a county manager form of government, by the sheriff. If there is a conflict or inconsistency between the functions of the coroner and the sheriff, the duties of the coroner shall be performed by the state’s attorney.

Source: S.L. 1941, ch. 131, § 17, subs. i; 1941, ch. 132, § 17, subs. i; R.C. 1943, § 11-0927; S.L. 1965, ch. 98, § 36.

Cross-References.

Functions of coroner, see N.D.C.C. ch. 11-19.1.

Functions of sheriff, see N.D.C.C. ch. 11-15.

Functions of state’s attorney, see N.D.C.C. ch. 11-16.

11-09-28. County justice — Office abolished — Who to perform duties. [Repealed]

Repealed by S.L. 1965, ch. 98, § 54.

11-09-29. Public administrator — Office abolished — Who to perform duties.

In counties adopting any form of county managership, the office of public administrator is abolished. The county manager shall perform the functions of that office in counties adopting a short form of county managership, and in counties adopting a county manager form of government, by a suitable person appointed by the presiding judge of the judicial district in which the county is located, after consultation with the judges of the judicial district. Any person so appointed is entitled to receive compensation at the rate allowed the administrator of an estate.

Source: S.L. 1941, ch. 131, § 17, subs. j; 1941, ch. 132, § 17, subs. j; R.C. 1943, § 11-0929; S.L. 1965, ch. 98, § 37; 1991, ch. 326, § 9.

11-09-30. Surveyor — Office abolished — Who to perform duties.

In counties adopting any form of county managership, the office of county surveyor shall be abolished. The functions of that office shall be performed by or under the direction of the county manager in counties adopting a short form of county managership, and in counties adopting a county manager form of government, by the director of public works unless otherwise specified in this chapter.

Source: S.L. 1941, ch. 131, § 17, subs. k; 1941, ch. 132, § 17, subs. k; R.C. 1943, § 11-0930; S.L. 1965, ch. 98, § 38.

Cross-References.

Functions of county surveyor, see N.D.C.C. ch. 11-20.

11-09-31. When not clear who is to exercise power, board of county commissioners designate officer.

Whenever there is doubt as to what officer of a county adopting any form of county managership shall exercise a power or perform a duty conferred upon or required of the county, or any officer thereof, by general law, such power shall be exercised or duty performed by such officer as shall be designated by ordinance or resolution of the board of county commissioners.

Source: S.L. 1941, ch. 131, § 4, subs. e; 1941, ch. 132, § 4, subs. e; R.C. 1943, § 11-0931; S.L. 1965, ch. 98, § 39.

11-09-32. Appointment of subordinates — Terms of office.

The manager in a county which has adopted a county manager form of government may authorize the head of a department or office responsible to the manager to appoint subordinates in such department or office. All appointments shall be made on the basis of ability, training, and experience of the appointees. Appointments shall be without definite terms unless for temporary service not to exceed sixty days.

Source: S.L. 1941, ch. 131, § 7; 1941, ch. 132, § 7; R.C. 1943, § 11-0932; S.L. 1965, ch. 98, § 40.

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

Any officer or employee appointed by the manager of a county adopting any form of county managership, or upon the manager’s authorization, may be laid off, suspended, or removed from office or employment by the manager and, in a county adopting a county manager form of government, by the officer or head of the department in which such officer or employee is employed.

Source: S.L. 1941, ch. 131, § 8; 1941, ch. 132, § 8; R.C. 1943, § 11-0933; S.L. 1965, ch. 98, § 41.

Collateral References.

Injunction as remedy against removal of public officer, 34 A.L.R.2d 554.

11-09-34. Bonds of county officers.

Before entering upon the duties of office, the county manager of a county adopting any form of county managership shall furnish the county a bond in the penal sum of not less than ten thousand dollars. In counties adopting a county manager form of government, the director of finance shall furnish a bond in the penal sum of ten thousand dollars and if the county manager serves as the director of finance, the manager shall furnish a bond in the amount of twenty thousand dollars. The board of county commissioners may fix bonds in excess of these amounts and may require bonds of other county officers.

Source: S.L. 1941, ch. 131, § 18; 1941, ch. 132, § 18; R.C. 1943, § 11-0934; S.L. 1965, ch. 98, § 42.

Collateral References.

Malfeasance in office, public officer’s bond as subject to forfeiture for, 4 A.L.R.2d 1348.

What period of limitation governs in an action against a public officer and the surety on his official bond, 18 A.L.R.2d 1176.

Interest: time from which interest begins to run on fidelity or public officer’s bond, 57 A.L.R.2d 1317.

11-09-35. Schedule of compensation.

The county manager of a county adopting any form of county managership shall establish a schedule of compensation for officers and employees which shall provide uniform compensation for like service. The schedule may establish a minimum and maximum for any class, and an increase in compensation within the limits provided by any class may be granted at any time by the county manager or other appointing authority upon the basis of efficiency and seniority records.

Source: S.L. 1941, ch. 131, § 12; 1941, ch. 132, § 12; R.C. 1943, § 11-0935; S.L. 1965, ch. 98, § 43.

11-09-36. Salary of subordinates — Fees paid over to treasurer.

The salary of any subordinate, employee, or officer shall be set by the county manager with the approval of the board of county commissioners. Every subordinate, employee, or officer shall account for and pay into the county treasury all fees and compensation received for any act or service rendered in an official capacity.

Source: S.L. 1941, ch. 131, § 4, subs. d; 1941, ch. 132, § 4, subs. d; R.C. 1943, § 11-0936.

11-09-37. County officers and employees to pay public moneys to treasurer.

All moneys received by an officer or employee of the county for the county or in connection with the business of the county shall be paid promptly into the hands of the county treasurer or the bank or trust company acting as county treasurer under the provisions of section 11-09-21.

Source: S.L. 1941, ch. 131, § 14, subs. d; 1941, ch. 132, § 14, subs. d; R.C. 1943, § 11-0937.

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

In a county which has adopted any form of county managership, neither the board of county commissioners nor any of its committees or members shall direct or request the appointment or removal of any person by the county manager or any of the manager’s subordinates nor in any manner take part in the appointment or removal of officers or employees in the administrative service of the county. Except for the purpose of inquiry or in an emergency, the board of county commissioners and its members shall deal with that portion of the administrative service over which the county manager is responsible solely through the manager. Neither the board of county commissioners nor its members shall give orders to any subordinate of the county, either publicly or privately. Any member of the board of county commissioners who violates any provision of this section shall be guilty of a class A misdemeanor and, in addition to the penalty prescribed for such an offense, shall forfeit the person’s office.

Source: S.L. 1941, ch. 131, § 5; 1941, ch. 132, § 5; R.C. 1943, § 11-0938; S.L. 1965, ch. 98, § 44; 1975, ch. 106, § 78.

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

On or before the sixth day of July of each year, the county manager of a county which has adopted any form of county managership shall prepare and submit to the board of county commissioners a budget presenting a financial plan for the conduct of the affairs of the county for the ensuing year. The budget shall be set up in the manner prescribed by general statute and shall be published prior to the date of its adoption by the board of county commissioners. Published notices and hearings shall be in accordance with the general statutes.

Source: S.L. 1941, ch. 131, § 13; 1941, ch. 132, § 13; R.C. 1943, § 11-0939; S.L. 1965, ch. 98, § 45.

Cross-References.

Items included in county budget, see N.D.C.C. § 11-23-02.

11-09-40. Finances — Administration.

The county manager in a county adopting a short form of county managership and the director of finance in a county adopting a county manager form of government shall have charge of the administration of the financial affairs of the county, including:

1. The budget.
2. The assessment of property for taxation.
3. The collection of taxes, license fees, and other county revenues.
4. The custody of all public funds belonging to or handled by the county.
5. The control over the expenditures of the county.
6. The disbursement of county funds.
7. The purchase, storage, and distribution of all supplies, materials, equipment, and contractual services needed by any department, office, or other using agency of the county.
8. The keeping and supervision of all accounts.
9. Such other duties as the board of county commissioners by ordinance or resolution may require.

Source: S.L. 1941, ch. 131, § 14, subs. a; 1941, ch. 132, § 14, subs. a; R.C. 1943, § 11-0940; S.L. 1965, ch. 98, § 46.

11-09-41. No money drawn from treasury unless in pursuance of appropriation — Accounts of appropriations.

No money shall be drawn from the treasury of the county, nor shall any obligation for the expenditure of money be incurred, except in pursuance of the annual appropriation by the board of county commissioners. Accounts shall be kept for each item of appropriation made by the board. Each account shall show in detail the appropriation made thereto, the amount drawn thereon, the unpaid obligations charged against it, and the unencumbered balance in the appropriation account.

Source: S.L. 1941, ch. 131, § 14, subs. b; 1941, ch. 132, § 14, subs. b; R.C. 1943, § 11-0941.

11-09-42. Reports of financial officer to board of county commissioners.

The county manager in counties adopting a short form of county managership and the director of finance in counties adopting a county manager form of government shall be charged with the keeping of all general books of financial and budgetary control for all departments and offices of the county. Reports shall be made to the manager or director daily, or as often as that officer may require, showing the receipt of all moneys and the disposition thereof. The county manager, or in counties adopting a county manager form of government, the director of finance through the county manager, each month shall submit to the board of county commissioners a summary statement of revenues and expenses for the preceding month, detailed as to the appropriations and funds in such manner as to show the exact financial condition of the county and of each department and division thereof. Such officer shall submit once a year, or more often if the board of county commissioners requires it, a complete financial statement showing the assets and liabilities of the county.

Source: S.L. 1941, ch. 131, § 14, subs. e; 1941, ch. 132, § 14, subs. e; R.C. 1943, § 11-0942; S.L. 1965, ch. 98, § 47.

11-09-43. Books of officers, manager, director of finance audited.

The board of county commissioners of a county adopting any form of county managership shall require an annual audit of the books of every county officer who handles public funds to be made by an accountant who is not a regular officer or employee of the county and who is thoroughly qualified by training and experience. Any audit service provided by the state, whether at the expense of the state or the county, shall satisfy the requirements of this section. Either the board of county commissioners or the county manager, at any time, may order an examination or audit of the accounts of any officer or department of the county government. Upon the death, resignation, removal, or expiration of the term of office of any officer of the county, the county manager, or the director of finance in a county adopting a county manager form of government, shall cause to be made an audit and investigation of the accounts of such officer and shall report the result thereof to the board of county commissioners or if the audit is made by the director of finance, to the county manager and the board of county commissioners. In case of the death, resignation, or removal of the county manager or the director of finance, the board of county commissioners shall cause an audit of that officer’s accounts to be made. If, as a result of any such audit, an officer is found indebted to the county, the board of county commissioners shall proceed to collect such indebtedness forthwith.

Source: S.L. 1941, ch. 131, § 14, subs. f; 1941, ch. 132, § 14, subs. f; R.C. 1943, § 11-0943; S.L. 1965, ch. 98, § 48.

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

The county manager of a county adopting a short form of county managership or the director of finance of a county adopting a county manager form of government shall act as purchasing agent or shall appoint and have supervision over this official. The purchasing agent shall make all purchases for the county in the manner provided by the board of county commissioners. The purchasing agent may make transfers of supplies, materials, and equipment between departments and offices and may sell any surplus supplies, materials, or equipment and make such other sales as are authorized by the board of county commissioners. With the approval of the board, the purchasing agent may establish suitable specifications or standards for all supplies, materials, and equipment to be purchased by the county and may inspect all deliveries to determine their compliance with such specifications and standards. The purchasing agent shall have charge of such storerooms and warehouses of the county as the board of county commissioners may provide. Before making any purchase or sale, the purchasing agent shall invite competitive bidding under such rules and regulations as the board of county commissioners may establish by ordinance or resolution. The purchasing agent shall not furnish any supplies, materials, equipment, or contractual services to any department or office except upon receipt of a properly approved requisition and unless there is an unencumbered appropriation balance sufficient to pay for the same.

Source: S.L. 1941, ch. 131, § 14, subs. g; 1941, ch. 132, § 14, subs. g; R.C. 1943, § 11-0944; S.L. 1965, ch. 98, § 49.

11-09-45. Public works — Who in charge — Duties.

The county manager in counties adopting a short form of county managership and the director of public works in counties adopting a county manager form of government shall have charge of the construction and maintenance of county roads and bridges, county drains and other public works, public buildings, storerooms, warehouses, and such equipment and supplies as the board of county commissioners may authorize. The manager or director shall perform such other duties as the board may prescribe.

Source: S.L. 1941, ch. 131, § 15; 1941, ch. 132, § 15; R.C. 1943, § 11-0945; S.L. 1965, ch. 98, § 50.

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

The county manager in counties adopting a short form of county managership and the director of public welfare in counties adopting a county manager form of government shall have charge of hospitals, charitable and correctional institutions, parks and playgrounds, public health, and the relief and welfare activities imposed upon counties by general statutes. The manager or director shall perform such other duties relating to public welfare as the board of county commissioners may prescribe.

Source: S.L. 1941, ch. 131, § 16; 1941, ch. 132, § 16; R.C. 1943, § 11-0946; S.L. 1965, ch. 98, § 51.

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

No member of the board of county commissioners or other officer or employee of a county which has adopted any form of county managership, and no person receiving a salary or compensation from funds appropriated by the county, shall be interested, directly or indirectly, in any contract to which the county is a party, either as principal, surety, or otherwise. No such officer or employee or an officer’s or employee’s partner, agent, servant, employee, or the firm of which the officer or employee is a member, shall purchase from or sell to the county any real or personal property, nor shall an officer or employee be interested, directly or indirectly, in any work or service to be performed for the county or in its behalf. Any contract made in violation of the provisions of this section shall be void.

Source: S.L. 1941, ch. 131, § 19; 1941, ch. 132, § 19; R.C. 1943, § 11-0947; S.L. 1965, ch. 98, § 52.

Collateral References.

Validity and construction of orders and enactments requiring public officers and employees, or candidates for office, to disclose financial condition, interests, or relationships, 22 A.L.R.4th 237.

11-09-48. Election as to retention of plan.

At any time after any form of county managership has been in force in a county for a period of four years, the board of county commissioners may submit, and, when petitioned to do so at least ninety days before a primary election by at least twenty-five percent of the qualified electors of the county as determined by the total number of votes cast for the office of governor at the last general election, shall submit to the electors at a primary election the question of whether or not the county manager plan in force shall be retained. If a majority of the legal votes cast on such question at the primary election shall be against retaining such plan, it shall cease to be operative on the first Monday in January next succeeding the primary election, and the county shall revert to the plan of government in force prior to the adoption of the county managership. Thereafter, the provisions of this chapter shall not be applicable in such county until after another compliance with its terms. When the petition has been filed, candidates for all county offices required under the plan in force prior to the adoption of the county managership may file nominating petitions. If a majority of the legal votes cast on the question are against retaining the county manager plan, the candidates nominated at the primary election shall be voted upon at the general election, and officers shall be elected in accordance with the general election laws. The terms of office of all officers elected as provided in this section shall commence on the first Monday in January next succeeding the primary election.

Source: S.L. 1941, ch. 131, § 20; 1941, ch. 132, § 20; R.C. 1943, § 11-0948; S.L. 1965, ch. 98, § 53; 1993, ch. 401, § 21.

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

The board of county commissioners may on its own motion cause a home rule charter to be drafted and submitted for adoption to the electors of the county in the manner provided in this chapter. A home rule proposal may be initiated in a petition filed with the board of county commissioners and signed by qualified electors of the county not fewer in number than two percent of the population of the county.

Source: S.L. 1985, ch. 152, § 1.

11-09.1-02. Charter commission — Membership — Preparation and submission of charter — Compensation and expenses — Publication.

Within sixty days after proceedings have been initiated for a home rule charter, the board of county commissioners shall appoint a charter commission, comprised of at least five members, to draft the charter, unless a petition proposing a charter pursuant to section 11-09.1-01 prescribes the composition of the commission or the manner by which the composition of the commission is to be determined. The board shall designate one of the charter commission members as chairman of the charter commission. The board shall set the compensation and expenses of charter commission members. Actual expenses incurred by charter commission members may be reimbursed at the official reimbursement rates of the appointing authority. The board, from its general funds, may furnish the charter commission with office space, clerical help, supplies, and legal and other assistance. The charter commission shall hold at least one public hearing on the proposed charter and may use other suitable means to disseminate information, receive suggestions and comments, and encourage public discussion of the proposed charter. The commission shall prepare and submit the charter to the board of county commissioners within one year after appointment, unless the board allows additional time for submission of the charter. The charter must contain a list of county offices to be elected and any elected offices that will be eliminated or combined if the charter is adopted. The board of county commissioners shall publish the proposed charter once in the official newspaper of the county.

Source: S.L. 1985, ch. 152, § 2; 1993, ch. 401, § 23; 2013, ch. 93, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 93, S.L. 2013 became effective August 1, 2013.

11-09.1-03. Submission of charter to electors.

At least sixty days, but no more than two years, after submission of the charter to the board of county commissioners, the proposed charter must be submitted to a vote of the qualified electors of the county at a primary or general election. If the proposed charter has been submitted to a vote of the qualified electors of the county, the board of county commissioners may call a special election to resubmit the proposed charter to a vote of the qualified electors of the county, and the special election must take place at least sixty days after the call for the special election. The board may amend the proposed charter prior to its resubmission to the electors.

Source: S.L. 1985, ch. 152, § 3; 1991, ch. 103, § 1; 1993, ch. 401, § 24.

11-09.1-04. Ratification by majority vote — Supersession of existing charter and conflicting state laws — Filing of copies of new charter.

If a majority of the qualified electors voting on the charter at the election vote in favor of the home rule charter, it is ratified and becomes the organic law of the county on the first day of January or July next following the election, and extends to all its county matters. The charter and the ordinances made pursuant to the charter in county matters must be liberally construed to supersede within the territorial limits and jurisdiction of the county any conflicting state law except for any state law as it applies to cities or any power of a city to govern its own affairs, without the consent of the governing body of the city. The charter may not authorize the enactment of ordinances to diminish the authority of a board of supervisors of a township or to change the structure of township government in any organized civil township, without the consent of the board of supervisors of the township. No ordinance of a home rule county shall supersede sections 49-22-16 and 49-22.1-13. One copy of the charter as ratified and approved must be filed with the secretary of state; one with the recorder for the county, unless the board of county commissioners designates a different official; and one with the auditor of the county to remain as a part of its permanent records. Courts shall take judicial notice of the charter.

Source: S.L. 1985, ch. 152, § 4; 1991, ch. 103, § 2; 1993, ch. 401, § 25; 1999, ch. 278, § 5; 2001, ch. 120, § 1; 2017, ch. 328, § 1, effective July 1, 2017.

11-09.1-04.1. Multicounty home rule.

1. Two or more counties may draft and submit for adoption a multicounty home rule charter to the electors of each county pursuant to this section. The other provisions of this chapter apply to a multicounty home rule charter, except as otherwise provided by this section.
2. The process for drafting and submitting a multicounty home rule charter may be initiated by:
   1. Separate motions by the boards of county commissioners of the participating counties;
   2. The execution of a joint powers agreement between participating counties; or
   3. A petition filed with each board of county commissioners of two or more counties and signed by ten percent or more of the total number of qualified electors of each county voting for governor at the most recent gubernatorial election.
3. Within sixty days after proceedings are initiated for a multicounty home rule charter, the boards of county commissioners shall enter into a joint powers agreement specifying the procedure for framing the charter, which may include the establishment of a single cooperative charter commission with membership representing each county. As an alternative, the boards of county commissioners in each affected county may establish a separate charter commission pursuant to section 11-09.1-02 to frame the charter in cooperative study with the charter commission of any other affected county. The charter commissions must submit a single joint report and proposed charter.
4. A charter commission, during its deliberation, may hold public hearings and community forums and use other suitable means to disseminate information, receive suggestions and comments, and encourage public discussion on the subject of the proposed multicounty home rule charter, and may report periodically to the affected governing bodies on their progress. In preparing the charter, the charter commission may:
   1. Include any, or all, of the available powers enumerated in section 11-09.1-05, subject to the limitations of that section;
   2. Provide for adjustment of existing bonded indebtedness and other obligations in a manner that will provide for a fair and equitable burden of taxation for debt service;
   3. Provide for the transfer or other disposition of property and other rights, claims, assets, and franchises of the counties;
   4. Provide for the reorganization, abolition, or adjustment of boundaries of any existing boards, commissions, agencies, and special districts of the county government;
   5. Include provisions for transition in implementing the charter, including elements that consider the reasonable expectations of current officeholders such as delayed effective dates for implementation at the end of a current term or a future term, upon the occurrence of a vacancy, or on a date certain;
   6. Include provision for the limited application or temporary implementation of the charter, including provisions that permit implementation on an experimental or pilot basis such as the expiration of the charter on a date certain in the future, required reapproval of the charter by the electors at a future date, or a phased-in implementation of various components of the charter; and
   7. Include other provisions that the charter commission elects to include and which are consistent with state law.
5. The proposed charter or accurate summary of the charter must be published in the official newspaper of each affected county, at least once during two different weeks within the thirty-day period immediately preceding the date of election.
6. If a majority of the qualified electors voting in each county on the charter votes in favor of the multicounty home rule charter, it is ratified and becomes the organic law of the multicounty area on the first day of January following the election or other effective date specified in the charter.
7. The amendment or repeal of a multicounty home rule charter may proceed pursuant to the amendment and repeal provisions of section 11-09.1-06 on a multicounty basis. A majority vote of the qualified electors voting in each county in the election is required to adopt any amendment of a multicounty charter. A majority vote of the qualified electors of only one or more participating counties is required to repeal a multicounty charter.

Source: S.L. 1993, ch. 401, § 22.

11-09.1-05. Powers.

After the filing with the secretary of state of a charter approved in reasonable conformity with this chapter, the county and its citizens may, if included in the charter and implemented through ordinances:

1. Acquire, hold, operate, and dispose of property within or without the county limits, and, subject to chapter 32-15, exercise the right of eminent domain for those purposes.
2. Control its finances and fiscal affairs; appropriate money for its purposes, and make payments of its debts and expenses; contract debts, borrow money, issue bonds, warrants, and other evidences of indebtedness; establish charges for any county or other services to the extent authorized by state law; and establish debt limitations.
3. Levy and collect property taxes and special assessments for benefits conferred, for its public and proprietary functions, activities, operations, undertakings, and improvements, and establish mill levy limitations. Notwithstanding any authority granted under this chapter, all property must be assessed in a uniform manner as prescribed by the state board of equalization and the state supervisor of assessments and all taxable property must be taxed by the county at the same rate unless otherwise provided by law. A charter or ordinance or act of a governing body of a home rule county may not supersede any state law that determines what property or acts are subject to, or exempt from, ad valorem taxes. A charter or ordinance or act of the governing body of a home rule county may not supersede section 11-11-55.1 relating to the sixty percent petition requirement for improvements and of section 40-22-18 relating to the barring proceeding for improvement projects.
4. Levy and collect an infrastructure fee. The fee must replace a general special assessment on all property for payment of infrastructure maintenance costs through a utility bill issued by the county. The money collected under this subsection may not be used for any purpose other than infrastructure maintenance costs. If a home rule county levies an infrastructure fee, the home rule county also may levy and collect green field special assessments. As used in this subsection:
   1. “General special assessments” means special assessments levied for the purpose of maintaining existing roads and infrastructure and special assessments levied for the construction or repair of arterial roads and infrastructure that provide a benefit to the entire community.
   2. “Green field special assessments” means special assessments levied for infrastructure costs associated with the development of agricultural or undeveloped property.
5. Levy and collect sales and use taxes, farm machinery gross receipts taxes, alcoholic beverage gross receipts taxes, a county lodging tax, and a county restaurant tax. Sales and use taxes and gross receipts taxes levied under this chapter:
   1. Must conform in all respects with regard to the taxable or exempt status of items under chapters 57-39.2, 57-39.5, 57-39.6, and 57-40.2 and may not be imposed at multiple rates with the exception of sales of manufactured homes or mobile homes.
   2. May not be newly imposed or changed except to be effective on the first day of a calendar quarterly period after a minimum of ninety days’ notice to the tax commissioner or, for purchases from printed catalogs, on the first day of a calendar quarter after a minimum of one hundred twenty days’ notice to the seller.
   3. May not be limited to apply to less than the full value of the transaction or item as determined for state sales and use tax, except for farm machinery gross receipts tax purposes.
   4. Must be subject to collection by the tax commissioner under an agreement under section 57-01-02.1, with the exception of a county lodging or county restaurant tax, and must be administered by the tax commissioner in accordance with the relevant provisions of chapter 57-39.2, including reporting and paying requirements, correction of errors, payment of refunds, and application of penalty and interest.
6. Provide for county elected and appointed officers and employees, their selection, powers, duties, qualifications, and compensation, and the terms of county appointed officers and employees. However, after adoption of a home rule charter, a county elected office may not be eliminated or combined with another office except upon approval of a majority of the electors of the county voting upon the question at a primary or general election or pursuant to the county officer combination, separation, or redesignation procedures of chapter 11-10.2. A home rule charter may not diminish the term of office for which a current county officer was elected, redesignate that elected office during that term as appointed, or reduce the salary of the office for that term. This subsection does not authorize a county to redesignate the elected offices of sheriff and state’s attorney as appointed, except as provided in section 11-10-02.3.
7. Provide for all matters pertaining to county elections, except as to qualifications of electors.
8. Provide for the adoption, amendment, repeal, initiative, referral, enforcement, and civil and criminal penalties for violation of ordinances, resolutions, and regulations to carry out its governmental and proprietary powers and to provide for public health, safety, morals, and welfare. However, this subsection does not confer any authority to regulate any industry or activity which is regulated by state law or by rules adopted by a state agency.
9. Lay out or vacate public grounds, and provide through its governing body for the construction, use, operation, designation, and regulation of a county road system.
10. Provide for zoning, planning, and subdivision of public or private property within the county limits but outside the zoning authority of any city or organized township.
11. Exercise in the conduct of its affairs all powers usually exercised by a corporation.
12. Contract with and receive grants from any other governmental entity or agency, with respect to any local, state, or federal program, project, or works.

After December 31, 2005, any portion of a charter or any portion of an ordinance or act of a governing body of a home rule county passed pursuant to a charter which does not conform to the requirements of this subsection is invalid to the extent that it does not conform. The invalidity of a portion of a charter or ordinance or act of a governing body of a home rule county because it does not conform to this subsection does not affect the validity of any other portion of the charter or ordinance or act of a governing body of a home rule county or the eligibility for a refund under section 57-01-02.1. Any taxes imposed under this chapter on farm machinery, farm irrigation equipment, and farm machinery repair parts used exclusively for agricultural purposes, or on alcoholic beverages, which were in effect on December 31, 2005, become gross receipts taxes after December 31, 2005. Ordinances enacted after August 1, 2017, may not allow for the collection and levy of any tax not otherwise specified under this section.

The people of all counties coming within this chapter have the full right of self-government in all matters within the powers enumerated in this chapter. The statutes of this state, so far as applicable, continue to apply to counties, except as superseded by the charters of the counties or by ordinances passed pursuant to the charters.

Source: S.L. 1985, ch. 152, § 5; 1991, ch. 326, § 10; 1993, ch. 401, §§ 26, 27; 1997, ch. 107, § 1; 1999, ch. 98, § 10; 2001, ch. 540, § 1; 2003, ch. 87, § 1; 2003, ch. 539, § 1; 2005, 580, § 1; 2005, ch. 15, § 40; 2005, ch. 582, § 2; 2007, ch. 293, § 7; 2007, ch. 528, § 1; 2009, ch. 111, § 1; 2011, ch. 473, § 1; 2017, ch. 86, § 1, effective August 1, 2017; 2021, ch. 303, § 1, effective July 1, 2021.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 473, S.L. 2011 is effective for taxable events occurring after June 30, 2011.

11-09.1-05.1. Sales tax revenue transfer to school districts prohibited.

Notwithstanding the provisions of chapters 54-40 and 54-40.3 or any other provision of law, revenue from sales, use, or other excise taxes levied under this chapter may not be transferred to or for the primary benefit of a school district except for payment of bonded indebtedness incurred before April 19, 2007, or for capital construction and associated costs approved by the electors of the county before April 19, 2007.

Source: S.L. 2007, ch. 103, § 1.

11-09.1-06. Amendment or repeal.

The home rule charter adopted by any county may be amended or repealed by a proposal by the governing body of the county or by petition of the number of electors provided in section 11-09.1-01, submitted to and ratified by the qualified electors of the county. A petition to amend or repeal a home rule charter must be submitted to the governing body of the county. Within thirty days of receipt of a valid petition or approval of a proposal to amend or repeal a home rule charter, the governing body of the county shall publish any proposed amendment or repeal of a home rule charter once in the official newspaper of the county. At least sixty days after publication, the proposed amendment or repeal must be submitted to a vote of the qualified electors of the county at the next primary or general election. The electors may accept or reject any amendment or a repeal by a majority vote of qualified electors voting on the question at the election.

Source: S.L. 1985, ch. 152, § 6; 1997, ch. 108, § 3.

11-09.1-07. Commission — Terms of office — Vacancies.

The board of county commissioners shall determine the term of office of the members of the charter commission at the time the members are appointed. The board of county commissioners shall fill any vacancy on the charter commission.

Source: S.L. 1985, ch. 152, § 7.

11-09.1-08. Restriction on proposals to amend or repeal. [Repealed]

Repealed by S.L. 1993, ch. 401, § 53.

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

The elections provided for in this chapter are subject to the laws applicable to other elections of the county. All qualified electors of the county are eligible to vote at the election. The charter commission, for proposals to adopt a home rule charter, or the governing body of the county, for proposals to amend or repeal a home rule charter, shall prescribe the form of ballot so that the voter may signify whether the voter is for or against the proposed home rule charter or the amendment or repeal.

Source: S.L. 1985, ch. 152, § 9.

11-09.1-10. Effect of amendment or repeal on salary or term of office.

On the first day of January following repeal of a home rule charter, the county reverts to the form of government of the county immediately preceding adoption of the home rule charter. If positions to which officials were elected under the home rule charter are substantially the same as positions under the form of government to which the county reverts upon repeal, the elected officials shall continue to exercise the authority of their positions for the salary prescribed by the home rule charter until expiration of their terms of office as prescribed by the home rule charter. No amendment of a home rule charter may shorten the term for which any official was elected or reduce the salary of the official’s office for that term.

Source: S.L. 1985, ch. 152, § 10.

11-09.1-11. General powers preserved.

All powers granted counties by general law are powers of home rule counties.

Source: S.L. 1985, ch. 152, § 11.

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

The adoption of any charter or amendment does not destroy any property, action, right of action, claim, or demand of any nature vested in the county. All rights of action, claims, or demands are preserved to the county and to any persons asserting any claims against the county as completely as though the charter or amendment had not been adopted. The adoption of any charter or amendment affects neither the right of the county to collect special assessments previously levied under any law or charter for the purpose of public improvements, nor impairs the obligation of any existing contract to which the county is a party.

Source: S.L. 1985, ch. 152, § 12.

11-09.1-13. Enforcement of criminal penalties.

A county that has adopted a home rule charter may impose a penalty for a violation of an ordinance through a citation, a criminal complaint, or an information through the district court in the county where the offense occurred. The penalty for a violation of an ordinance may be an infraction or a class B misdemeanor.

Source: S.L. 2003, ch. 87, § 2.

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

The home rule county must pay for an attorney and those expenses necessary for the adequate defense of an indigent person prosecuted for violation of a home rule county ordinance.

Source: S.L. 2009, ch. 112, § 1.

11-09.2-01. County lodging tax — Imposition — Amount — Disposition.

The board of county commissioners of any county, by ordinance, may impose a county tax, not to exceed two percent, upon the gross receipts of retailers on the leasing or renting of hotel, motel, or other accommodations within the county for periods of fewer than thirty consecutive calendar days or one month. The tax imposed by this section must be in addition to the state sales tax on rental accommodations provided in chapter 57-39.2. A county may not impose a county lodging tax under this section on the gross receipts of retailers located within the boundaries of a city within that county if the city has imposed a city lodging tax, or subsequently enacts and imposes a city lodging tax, under section 40-57.3-01. A county that imposes the tax in this section shall deposit all proceeds in the county visitors’ promotion fund. Moneys deposited in the county visitors’ promotion fund must be spent only as provided in this chapter. This chapter applies to all counties and does not limit the authority of a home rule county to levy any taxes authorized by other provisions of law.

Source: 2019, ch. 95, § 1, eff for taxable years beginning after December 31, 2018.

11-09.2-02. County lodging and restaurant tax — Imposition — Amount — Disposition.

In addition to the tax under section 11-09.2-01, the board of county commissioners of any county, by ordinance, may impose a county tax, at a rate not to exceed one percent, upon the gross receipts of retailers on the leasing or renting of hotel, motel, or other accommodations within the county for periods of fewer than thirty consecutive calendar days or one month and upon the gross receipts of a restaurant from any sales of prepared food or beverages, not including alcoholic beverages for consumption off the premises where purchased, which are subject to state sales taxes. For purposes of this section, “restaurant” means any place where food is prepared and intended for individual portion service for consumption on or off the premises and “prepared” includes heating prepackaged food. Accommodations, food, and beverages may all, each, or in any combination be subject to the tax under this section, if all items in any category which are taxable under state law are taxable, except as otherwise provided in this section. The tax imposed under this section is in addition to state sales taxes on rental accommodations and restaurant sales, and county lodging taxes under section 11-09.2-01. A county may not impose a county lodging and restaurant tax under this section on the gross receipts of retailers located within the boundaries of a city within that county if the city has imposed a city lodging and restaurant tax, or subsequently enacts and imposes a city lodging and restaurant tax, under section 40-57.3-01.1, on the gross receipts from the same transaction. A county that imposes the tax under this section shall deposit all proceeds in the county visitors’ promotion fund. Moneys deposited in the county visitors’ promotion fund may be spent only as provided in this chapter.

Source: 2019, ch. 95, § 1, eff for taxable years beginning after December 31, 2018.

11-09.2-03. County visitors’ promotion fund — Establishment — Purpose.

The board of county commissioners of any county that imposes a county tax pursuant to section 11-09.2-01 or 11-09.2-02 shall establish a county visitors’ promotion fund. The local destination marketing organization shall serve as an advisory committee to the board of county commissioners in administering the proceeds from the taxes available to the county under this chapter. The moneys in the visitors’ promotion fund must be used generally to promote, encourage, and attract visitors to come to the county and use the travel and tourism facilities within the county. The local destination marketing organization shall receive, plan, execute, and review the expenditure of proceeds from the visitors’ promotion fund and report its activities annually to the board of county commissioners.

Source: 2019, ch. 95, § 1, eff for taxable years beginning after December 31, 2018.

11-09.2-04. Budget — Contracts.

The board of county commissioners annually shall review the local destination marketing organization budget as proposed by the organization, if any, under which the organization operates. The board of county commissioners, in consultation with the local destination marketing organization, may contract with any person, firm, association, corporation, or limited liability company to carry out the purposes of the county visitors’ promotion fund created under section 11-09.2-03.

Source: 2019, ch. 95, § 1, eff for taxable years beginning after December 31, 2018.

11-09.2-05. Payment of tax — Collection by tax commissioner — Administrative expenses allowed — Rules.

The taxes imposed under this chapter are due and payable at the same time the taxpayer is required to file a return under chapter 57-39.2 and must be collected and administered by the tax commissioner in the manner provided in chapter 57-39.2. The taxpayer shall add the taxes imposed under this chapter to the sales, lease, or rental price and shall collect the tax from the consumer. A retailer may not advertise or hold out or state to the public, or to any consumer, directly or indirectly, that the taxes or any part of the taxes imposed under this chapter are assumed, absorbed, or refunded by the taxpayer. The amount the tax commissioner remits monthly to each county as taxes collected for that county’s visitors’ promotion fund must be reduced by three percent as an administrative fee necessary to defray the cost of collecting the taxes and the expenses incident to collection. The administrative fee must be deposited in the general fund in the state treasury. The tax commissioner shall adopt rules necessary for the administration of this chapter. The penalties and liabilities provided in sections 57-39.2-18 and 57-39.2-18.1 specifically apply to the filing of returns and administration of the taxes imposed under this chapter. The taxes imposed under this chapter are not taxes subject to chapter 57-39.4. The tax commissioner may offset future distributions of a tax imposed and collected under this chapter if a previous overpayment of the tax was distributed to the county. The tax commissioner, after consulting the appropriate county official, may determine the offset amount and time period for recovery of the overpayment of the tax distribution.

Source: 2019, ch. 95, § 1, eff for taxable years beginning after December 31, 2018.

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

Each organized county is a body corporate for civil and political purposes only. As such, the county may sue and be sued, contract and be contracted with, and in all cases when lands have been granted to it for public purposes and any part thereof has been sold and the purchase money or any part thereof is due and unpaid, all proceedings necessary to recover possession of such lands or to enforce the payment of the purchase money shall be instituted in the name of the proper county.

Source: Pol. C. 1877, ch. 21, § 13; R.C. 1895, § 1888; R.C. 1899, § 1888; R.C. 1905, § 2377; C.L. 1913, § 3250; R.C. 1943, § 11-1001.

Cross-References.

Counties may accept devises, bequests, legacies, and gifts, see N.D.C.C. § 1-08-04.

Counties may carry insurance on motor vehicles, see N.D.C.C. § 39-01-08.

Counties may levy tax for certain advertising purposes, see N.D.C.C. § 57-15-10.1.

Deficiency levy, see N.D.C.C. ch. 57-47.

Joint exercise of governmental powers, see N.D.C.C. ch. 54-40.

11-10-02. Number and election of county officers.

Each organized county, unless it has adopted one of the optional forms of county government provided by the code or has combined or separated the functions of county offices or redesignated offices as elective or appointive pursuant to chapter 11-10.2 or 11-10.3, must have the following officers:

1. One county auditor.
2. One recorder.
3. One county treasurer.
4. One coroner.
5. A board of county commissioners consisting of three or five members as provided in this title.

In addition, unless otherwise provided in section 11-10-02.3, each county must have an elected state’s attorney and an elected sheriff. In counties having a population of six thousand or less, the recorder also serves as ex officio clerk of the district court. The required officers must be chosen by the qualified electors of the respective counties at the general election in each even-numbered year, except the recorder, county auditor, treasurer, sheriff, and state’s attorney, who must be chosen in 1966 and every four years thereafter, the members of the board of county commissioners, who must be chosen in the manner prescribed in section 11-11-02, and the county coroner, who must be chosen in the manner prescribed in section 11-19.1-03.

Source: Pol. C. 1877, ch. 21, § 15; S.L. 1883, ch. 33, § 3; N.D. Const., § 173; R.C. 1895, § 1890; R.C. 1899, § 1890; S.L. 1903, ch. 140, § 1; R.C. 1905, § 2384; C.L. 1913, § 3257; Const. Amd. Art. 55, June 25, 1940, S.L. 1941, p. 588, § 5; R.C. 1943, § 11-1002; S.L. 1953, ch. 115, § 2; 1957 Supp., § 11-1002; S.L. 1959, ch. 268, § 8; 1961, ch. 224, § 2; Const. Amd. Art. 77, November 6, 1962; S.L. 1963, ch. 110, § 1; 1981, ch. 320, § 12; 1985, ch. 151, § 5; 1985, ch. 153, § 1; 1987, ch. 142, § 1; 1989, ch. 137, § 10; 1989, ch. 138, § 1; 1991, ch. 326, § 11; 1993, ch. 401, § 28; 1997, ch. 31, § 7; 1999, ch. 98, § 11; 1999, ch. 278, §§ 6, 7; 2001, ch. 120, § 1.

Cross-References.

Constitutional officers, see Const., Art. VII, § 8.

County agent, see N.D.C.C. ch. 4-08.

County board of equalization, see N.D.C.C. ch. 57-12.

County canvassing board, see N.D.C.C. § 16.1-15-15.

County coroner, see N.D.C.C. ch. 11-19.1.

County director of tax equalization, see N.D.C.C. ch. 11-10.1.

County manager, see N.D.C.C. ch. 11-09.

County nursing home authority, see N.D.C.C. ch. 23-18.2.

County superintendent of schools, see N.D.C.C. ch. 15.1-11.

Fire wardens, see N.D.C.C. § 18-07-03.

Local health officers, see N.D.C.C. § 23-35-12.

Removal of county officers, see N.D.C.C. chs. 44-10 and 44-11.

Water resource board, see N.D.C.C. § 61-16-07.

11-10-02.1. Employment of county surveyors.

The board of county commissioners may employ a county surveyor to serve at the pleasure of the board and such surveyor may be compensated on a per diem basis or otherwise as may be determined by the board. The office of county surveyor may be combined with the office of county highway engineer.

Source: S.L. 1953, ch. 115, § 1; R.C. 1943, 1957 Supp., § 11-10021.

11-10-02.2. County supervisor of assessments — Appointment. [Repealed]

Repealed by S.L. 1969, ch. 130, § 9.

11-10-02.3. Appointment of state’s attorney upon voter approval.

Upon the submission to the board of county commissioners of a petition signed by ten percent or more of the total number of qualified electors of the county voting for governor at the most recent gubernatorial election or upon resolution of the board of county commissioners, the county auditor shall place the question of appointing the state’s attorney on the ballot at the next primary or general election, whichever occurs first. If a majority of the qualified electors of the county voting on the question approves the change from elective to appointive, the change is effective at the end of the term of office of the state’s attorney holding office at the time of the election.

Source: S.L. 1999, ch. 98, § 12; 2013, ch. 94, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 94, S.L. 2013 became effective August 1, 2013.

11-10-03. Additional justices and constables for unorganized townships. [Repealed]

Repealed by S.L. 1959, ch. 268, § 34.

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

1. Except as otherwise specifically provided by the laws of this state, a county officer must be a qualified elector in the county in which the person is appointed, and a county commissioner must be a qualified elector in the district from which the commissioner is chosen.
2. Notwithstanding subsection 3, upon approval of the board of county commissioners of each affected county, a person may serve as an elected officer of more than one county and must be a qualified elector of one of the counties in which the person is elected.
3. A candidate for election to a county office must be, at the time of election, a qualified elector in the jurisdiction in which the candidate is to serve.
4. Two or more counties may appoint one person to fill the same office in each county and the person filling the office must be a qualified elector of one of the counties.
5. 1. The boards of county commissioners of two or more counties may agree by resolution to elect a multicounty jurisdiction state’s attorney pursuant to chapter 11-10.3. An agreement made between two or more counties according to this subsection must specify procedures for filing for office, the use of a single canvassing board, the sharing of election personnel, the printing of election materials, the publishing of legal notices, and the apportioning of election expenses. A candidate for election to the office of multicounty jurisdiction state’s attorney must be a qualified elector of the multicounty jurisdiction at the time of the election; or
   2. The boards of county commissioners of two or more counties may agree by resolution to allow any candidate for the office of state’s attorney to petition for office in each county, and to serve if elected, if the candidate is a qualified elector of one of the counties at the time of the election. To be elected to serve a county in which the candidate is not a resident, the candidate must receive the highest number of votes for the office in that county. Each county shall certify the results and issue certificates of election pursuant to chapter 16.1-15.

Source: N.D. Const., § 173; R.C. 1943, § 11-1004; S.L. 1993, ch. 93, § 1; 1999, ch. 98, § 13; 2001, ch. 116, § 1.

Cross-References.

County manager need not be resident of county, see N.D.C.C. § 11-09-10.

Qualifications of county superintendent of schools, see N.D.C.C. § 15.1-11-01.

Sheriff in counties adopting county manager system, see N.D.C.C. § 11-09-19.

Sheriff, state’s attorney, superintendent of schools of adjoining county may be appointed, see N.D.C.C. § 11-08-10.

Sheriff to be qualified elector, see N.D.C.C. § 11-15-01.1.

State’s attorney in counties adopting county manager system, see N.D.C.C. § 11-09-18.

11-10-04.1. Board members must reside in taxing district.

Unless otherwise provided by law, an appointed member of a county board, commission, or committee that has authority to levy taxes must be a resident of the area subject to taxation by the board, commission, or committee.

Source: S.L. 1997, ch. 109, § 1.

11-10-05. When terms of county officers commence — When officers qualify.

Except as otherwise specifically provided by the laws of this state, the regular term of office of each county officer, when the officer is elected for a full term, shall commence on the first of January next succeeding the officer’s election and each such officer shall qualify and enter upon the discharge of the officer’s duties on the first of January next succeeding the date of the officer’s election. If the office to which an officer is elected was vacant at the time of the officer’s election or becomes vacant prior to the date fixed for the commencement of the officer’s term, the officer may qualify and enter upon the duties of the office forthwith even though the officer was not elected to fill such vacancy. If an officer is elected to fill an unexpired term in an office then held by an appointee, such officer may qualify and enter upon the discharge of the duties of such office at any time after receiving a certificate of election to that office but not later than the first Monday in January next succeeding the date of the officer’s election to the unexpired term of office.

Source: Pol. C. 1877, ch. 5, §§ 9, 10; R.C. 1895, §§ 353, 354; R.C. 1899, §§ 353, 354; S.L. 1905, ch. 140, § 1; R.C. 1905, §§ 416, 417; S.L. 1911, ch. 197, § 1; C.L. 1913, §§ 677, 678; R.C. 1943, § 11-1005; S.L. 1977, ch. 415, § 1; 2007, ch. 104, § 1.

Cross-References.

County auditor, when term commences, see N.D.C.C. § 11-13-01.

County treasurer, when term commences, see N.D.C.C. § 11-14-02.

Failure of officer to qualify, vacancy, see N.D.C.C. § 44-01-04.

Vacancies in office, see N.D.C.C. ch. 44-02.

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

The regular term of office of each county commissioner, when the commissioner is elected for a full term, commences on the first Monday in December next succeeding the officer’s election and each such commissioner shall qualify and enter upon the discharge of the commissioner’s duties on or before the first Monday in December next succeeding the date of the commissioner’s election or within ten days thereafter. If a commissioner is elected to fill an unexpired commission term held by an appointee, such officer may qualify and enter upon the discharge of the duties of such office at any time after receiving a certificate of election to that office but not later than the first Monday in December next succeeding the date of the commissioner’s election to the unexpired term of office.

Source: S.L. 1997, ch. 110, § 1.

11-10-06. Bonds of county officers.

Before entering upon the duties of their respective offices, the following county officers must be bonded for the faithful discharge of their respective duties in the same manner as other civil officers are bonded and in the following amounts:

1. The county auditor, recorder, and sheriff, fifteen thousand dollars, except in counties having a population of less than ten thousand, where the amount must be ten thousand dollars.
2. A county commissioner, two thousand dollars.
3. The county coroner, five hundred dollars.
4. The state’s attorney, three thousand dollars.
5. The county surveyor, an amount, not to exceed two thousand dollars, as may be determined by the board of county commissioners.
6. The public administrator, not less than ten thousand dollars.
7. The county treasurer, an amount fixed by the board of county commissioners of not less than seventy-five thousand dollars, except in counties having a population of less than ten thousand, an amount of not less than forty thousand dollars. When the total amount of taxes to be collected by the county treasurer in any one year is less than the minimum amount of bond specified in this subsection, the bond may be in a sum equal to the amount of taxes to be collected.
8. Repealed by S.L. 1989, ch. 137, § 10.

When the amount of any bond required under this section is dependent upon the population of a county, the population must be determined as provided in section 11-10-10.

Source: S.L. 1879, ch. 6, § 1; 1883, ch. 112, subch. 1, § 38; 1887, ch. 161, § 1; 1890, ch. 132, § 31; R.C. 1895, § 343; S.L. 1899, ch. 116, §§ 1, 2; R.C. 1899, §§ 343, 343a; S.L. 1903, ch. 140, § 3; R.C. 1905, §§ 404, 405, 2547; S.L. 1907, ch. 72, § 1; 1911, ch. 114, § 1; C.L. 1913, §§ 663, 664, 667, 3425, 3440; S.L. 1923, ch. 193, § 1; 1925 Supp., § 667; S.L. 1931, ch. 103, § 1; R.C. 1943, § 11-1006; S.L. 1949, ch. 118, § 1; 1957 Supp., § 11-1006; S.L. 1959, ch. 268, § 9; 1963, ch. 112, § 1; 1981, ch. 320, § 13; 1983, ch. 148, § 1; 1985, ch. 151, § 6; 1989, ch. 137, § 10; 1989, ch. 138, § 2; 1991, ch. 326, § 12; 1999, ch. 278, §§ 8, 9; 2001, ch. 120, § 1.

Cross-References.

County commissioners, bonds, see N.D.C.C. § 11-11-04.

County treasurer, additional bond, see N.D.C.C. § 11-14-03.

General bonding provisions, see N.D.C.C. §§ 44-01-11 and 44-01-12, N.D.C.C. ch. 26.1-21.

Public administrator, bond, see N.D.C.C. § 11-21-02.

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

In counties where any offices are consolidated under the provisions of this title, only one bond shall be required for the offices consolidated, and such bond shall be in the highest amount required for any one of the offices so consolidated.

Source: S.L. 1935, ch. 112, § 1; R.C. 1943, § 11-1007.

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

Unless a county officer is bonded in the state bonding fund, the bond of each county officer, immediately after the approval thereof, shall be recorded at length in the office of the recorder in a book provided for that purpose except as otherwise provided by the laws of this state. Immediately after the recording of such bond, it shall be filed as provided in title 44.

Source: S.L. 1885, ch. 120, § 1; R.C. 1895, § 352; R.C. 1899, § 352; R.C. 1905, § 415; C.L. 1913, § 676; R.C. 1943, § 11-1008; S.L. 2001, ch. 120, § 1.

Cross-References.

Approval of bonds, see N.D.C.C. § 44-01-11.

Public administrator’s bond, filing, see N.D.C.C. § 11-21-04.

11-10-09. Oath of county officers.

Every county officer, before entering upon the discharge of the officer’s duties, shall take and subscribe the oath prescribed for civil officers.

Source: S.L. 1890, ch. 105, § 1; R.C. 1895, § 341; R.C. 1899, § 341; R.C. 1905, § 402; C.L. 1913, § 661; R.C. 1943, § 11-1009.

Cross-References.

Oath of civil officers, see N.D. Const., Art. XI, § 4; N.D.C.C. § 44-01-05.

11-10-10. Salaries of elected county officers.

1. The salary of an elected county auditor, county treasurer, county superintendent of schools, recorder, and sheriff must be regulated by the population in the respective counties according to the last preceding official federal census from and after the date when the official report of the census has been published. Notwithstanding any decreases in population, the salaries paid county officers as of July 1, 1981, reduced by any discretionary salary increase authorized by the county commissioners pursuant to this section, must be at least the minimum amount payable for that office when filled on a full-time basis in the future.
2. An elected county treasurer, county superintendent of schools, recorder, and county auditor are entitled to the following minimum annual salary, payable monthly, for official services rendered:
   1. Nineteen thousand dollars in counties having a population of less than eight thousand.
   2. Nineteen thousand five hundred dollars in counties having a population of or exceeding eight thousand plus additional compensation of one hundred dollars per year for each one thousand additional population or major fraction thereof over eight thousand. However, in counties where the population consists of more than twenty-five percent Indians who have not severed tribal relations, the county commissioners may adjust the salaries provided for in this subsection within the limitations contained in this subdivision.
3. The county superintendent of schools is entitled to receive for any trips necessarily made within the county in the performance of school district reorganization duties the same mileage received under section 11-10-15. The board of county commissioners of any county may, by resolution, increase the salary of any full-time county official provided in this section, if, in the judgment of such board, by reason of duties performed, the official merits the increase. The salary of a county official may not be reduced during the official’s term of office. Any county official performing duties on less than a full-time basis may be paid a reduced salary set by the board of county commissioners. If the county has for its employees a group insurance program for hospital benefits, medical benefits, or life insurance, or a group retirement program, financed in part or entirely by the county, the benefits may be in addition to the salaries payable to county officials.
4. Each county commissioner may receive an annual salary or per diem as provided by resolution of the board.
5. An elected sheriff is entitled to the following minimum annual salary, payable monthly, for official services rendered:
   1. Twenty-one thousand nine hundred dollars in counties having a population of less than eight thousand.
   2. Twenty-two thousand nine hundred dollars in counties having a population exceeding eight thousand plus additional compensation of one hundred dollars per year for each one thousand additional population or major fraction thereof over eight thousand. However, in counties where the population consists of more than twenty-five percent Indians who have not severed tribal relations, the county commissioners may adjust the salaries provided for in this subsection within the limitations contained in this subdivision.
6. An elected state’s attorney in counties having a population exceeding thirty-five thousand, or in other counties where the board of county commissioners has determined by resolution that the state’s attorney must be full time and may not be an attorney or counsel for any party except the state or county, is entitled to receive a minimum salary of forty-seven thousand dollars. State’s attorneys not considered full time are entitled to an annual salary of at least forty-five percent of the minimum salary paid to a full-time state’s attorney.

Source: Pol. C. 1877, ch. 39, § 24; S.L. 1890, ch. 50, § 1; 1890, ch. 63, § 33; 1891, ch. 52, §§ 1, 3; 1891, ch. 53, § 1; 1893, ch. 58, § 1; R.C. 1895, §§ 652, 2058, 2060, 2061, 2068, 2073, 2075, 2080, 2095; S.L. 1897, ch. 75; 1899, ch. 56, § 1; 1899, ch. 64, § 1; 1899, ch. 67, § 1; 1899, ch. 68, § 1; 1899, ch. 132, § 1; 1899, ch. 149, § 1; R.C. 1899, §§ 652, 2058, 2060, 2061, 2068, 2073, 2075, 2080, 2095; S.L. 1901, ch. 53, § 1; 1903, ch. 88, § 1; 1905, ch. 100, § 2; R.C. 1905, §§ 777, 2578 to 2580, 2586, 2592, 2594, 2598, 2613; S.L. 1907, ch. 70, § 1; 1907, ch. 74, § 1; 1907, ch. 75, § 1; 1907, ch. 105, § 1; 1909, ch. 68, § 1; 1909, ch. 104, § 1; 1911, ch. 119, § 1; 1911, ch. 218, § 1; 1911, ch. 266, § 34; 1911, ch. 275, § 1; C.L. 1913, §§ 1137, 3492 to 3494, 3500, 3506, 3508, 3512, 3520, 3533; S.L. 1915, ch. 104, § 1; 1915, ch. 112, §§ 1 to 7; 1919, ch. 105, § 1; 1921, ch. 48, § 1; 1921, ch. 52, §§ 1, 2; 1925 Supp., §§ 1137, 3533, 3551a1, 3551a2; S.L. 1927, ch. 114, § 1; 1927, ch. 115, §§ 1, 2; 1929, ch. 108, §§ 1 to 3; 1931, ch. 117, § 1; I.M. June 29, 1932, §§ 1 to 6, S.L. 1933, p. 497; 1943, ch. 113, §§ 1 to 4; R.C. 1943, § 11-1010; S.L. 1945, ch. 159, § 1; 1947, ch. 127, § 1; 1953, ch. 111, § 1; 1955, ch. 110, §§ 1, 2; 1955, ch. 111, § 1; 1957, ch. 108, § 1; 1957 Supp., § 11-1010; S.L. 1959, ch. 121, § 1; 1961, ch. 123, § 1; 1965, ch. 99, § 1; 1967, ch. 99, § 1; 1969, ch. 129, § 1; 1971, ch. 118, § 1; 1971, ch. 119, § 1; 1973, ch. 87, § 2; 1975, ch. 87, §§ 1, 2; 1975, ch. 88, § 1; 1975, ch. 89, § 1; 1977, ch. 88, §§ 1 to 3; 1977, ch. 100, § 1; 1979, ch. 157, § 1; 1979, ch. 158, §§ 1, 2; 1979, ch. 159, § 1; 1981, ch. 137, § 1; 1981, ch. 138, § 1; 1981, ch. 139, § 1; 1981, ch. 320, § 14; 1983, ch. 82, § 9; 1985, ch. 154, § 1; 1985, ch. 155 § 1; 1985, ch. 156, § 1; 1989, ch. 69, § 4; 1989, ch. 138, § 3; 1989, ch. 139, § 1; 1991, ch. 104, § 1; 1991, ch. 326, § 13; 1999, ch. 99, § 1; 1999, ch. 278, §§ 10, 11; 2001, ch. 120, § 1.

Cross-References.

County surveyor, compensation, see N.D.C.C. § 11-10-02.1.

Public administrator, compensation, see N.D.C.C. § 11-21-08.

11-10-10.1. Legislative intent in regard to county salaries.

It is the intent of the legislative assembly that the several boards of county commissioners shall exercise the responsibility of setting the salaries of county officials within the limits imposed by section 11-10-10. A board of county commissioners, in making a decision in regard to a county official’s salary, should take into account the financial status of the county, the responsibilities of the position, and any factors that the board deems relevant in arriving at the decision.

Source: S.L. 1969, ch. 129, § 2; 1999, ch. 99, § 2.

11-10-10.2. Salary of clerk of the district court. [Repealed]

Repealed by S.L. 1975, ch. 87, § 2.

Note.

For present provisions on salary of district court clerk, see N.D.C.C. § 11-10-10.

11-10-10.3. Salaries of county superintendents of schools for 1947, 1948, 1949, and 1950. [Repealed]

Repealed by omission from this code.

11-10-10.4. Compensation and expenses of county commissioners for 1949, 1950, 1951, and 1952. [Repealed]

Repealed by omission from this code.

11-10-10.5. County superintendent of schools — Officer.

For purposes of sections 11-10-10, 11-10-15, and 11-10-20, the county superintendent of schools employed by the board of county commissioners is an officer of the county. A board of county commissioners shall employ a county superintendent of schools, as provided for in section 15.1-11-01, or assign the duties of the county superintendent of schools, as provided for in section 15.1-11-02.

Source: S.L. 1989, ch. 137, § 4; 1993, ch. 94, § 1; 1999, ch. 164, § 1.

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

The salaries of deputies, clerks, and assistants for the county auditor, county treasurer, sheriff, recorder, ex officio clerk of the district court, and state’s attorney must be fixed by a resolution of the board of county commissioners. Each of the named officers may appoint such deputies, clerks, and assistants, in accordance with the budget, except none of the officers mentioned in this section may appoint as deputy any other officer mentioned in this section.

Source: Pol. C. 1877, ch. 6, §§ 1, 2, 4; S.L. 1883, ch. 43, § 1; 1890, ch. 50, § 2; 1890, ch. 59, § 1; 1891, ch. 51, § 12; 1891, ch. 52, §§ 2, 6; 1891, ch. 53, § 2; R.C. 1895, §§ 370, 371, 373, 2058, 2063, 2069, 2074, 2078, 2081; S.L. 1899, ch. 64, § 3; 1899, ch. 69, § 1; 1899, ch. 149, § 1; R.C. 1899, §§ 370, 371, 373, 2058, 2063, 2069, 2074, 2078, 2081; S.L. 1903, ch. 154, § 1; 1905, ch. 79, §§ 1 to 3; 1905, ch. 100, § 1; R.C. 1905, §§ 433, 434, 436, 2578, 2582, 2587, 2593, 2596, 2599, 2617 to 2619; S.L. 1907, ch. 69, § 1; 1907, ch. 75, § 1; 1909, ch. 68, § 1; 1911, ch. 275, § 4; 1913, ch. 243; 1913, ch. 270, § 1; C.L. 1913, §§ 701, 702, 704, 3492, 3496, 3501, 3507, 3510, 3513, 3523, 3537 to 3539; S.L. 1915, ch. 112, § 7; 1921, ch. 52, § 2; 1923, ch. 296, § 1; 1925, ch. 117, § 1; 1925 Supp., §§ 3380, 3523, 3551a2; S.L. 1927, ch. 115, §§ 3, 4; I.M. June 29, 1932, § 3; S.L. 1933, p. 497, § 3; S.L. 1943, ch. 113, § 2; R.C. 1943, § 11-1011; S.L. 1963, ch. 113, § 1; 1989, ch. 138, § 4; 1989, ch. 140, § 1; 1991, ch. 326, § 14; 1999, ch. 278, §§ 12, 13; 2001, ch. 120, § 1.

Cross-References.

County superintendent, assistants and clerks, see N.D.C.C. § 15.1-11-06.

County surveyor, deputy, see N.D.C.C. § 11-20-02.

Qualification of deputy, see N.D.C.C. § 44-03-04.

Sheriff, special deputies, see N.D.C.C. § 11-15-02.

State’s attorney, assistants, see N.D.C.C. § 11-16-02.

11-10-12. Deputy county officials — Bonds.

Any county official may require that official’s deputy to be bonded for the faithful performance of the deputy’s duties in an amount to be fixed by the board of county commissioners. A bond of a deputy shall be issued, and the premium thereon paid, in the same manner as in the case of a county official.

Source: S.L. 1941, ch. 107, § 1; R.C. 1943, § 11-1012.

11-10-13. Oath of deputies.

Each deputy county officer shall take and subscribe the same oath as the deputy’s principal, naming the deputyship, which shall be endorsed upon and filed with the deputy’s certificate of appointment.

Source: Pol. C. 1877, ch. 6, § 3; R.C. 1895, § 372; R.C. 1899, § 372; R.C. 1905, § 435; C.L. 1913, § 703; R.C. 1943, § 11-1013.

11-10-14. Fees received by county officers turned over to county treasurer.

The salaries fixed by this chapter shall be full compensation for all county officials, deputies, clerks, and assistants, respectively, and all fees and compensation received by any official, deputy, clerk, or assistant for any act or service rendered in an official capacity shall be accounted for and paid over monthly to the county treasurer and be credited to the general fund of said county, except that such official, deputy, clerk, and assistant shall be entitled to retain such fees as now are allowed to that officer and permitted by law or as may be hereafter permitted and allowed.

Source: S.L. 1915, ch. 112, §§ 1 to 7; 1925 Supp., §§ 3551a1, 3551a2; I.M. June 29, 1932, § 8, S.L. 1933, p. 497; 1943, ch. 113, § 5; R.C. 1943, § 11-1014.

Cross-References.

Blanks and records provided for officers, see N.D.C.C. § 44-04-16.

County weed board, appointment, see N.D.C.C. § 4.1-47-06.

Officers to account for money collected, see N.D.C.C. § 44-01-07.

11-10-15. Mileage of officials and employees.

Unless otherwise provided by the laws of this state, every county official, whether elective or appointive, every deputy of a county official, and any county employee entitled by law to travel or mileage expense is entitled to mileage expenses of at least the amount allowed state officers and employees under section 54-06-09 for each mile [1.61 kilometers] actually and necessarily traveled in the performance of official duties.

Source: I.M. June 29, 1932, § 2, S.L. 1933, p. 495, § 2; 1939, ch. 123, § 2; R.C. 1943, § 11-1015; S.L. 1949, ch. 121, § 1; 1957 Supp., § 11-1015; S.L. 1959, ch. 122, § 1; 1975, ch. 90, § 1; 1979, ch. 160, § 1; 1985, ch. 157, § 1.

Cross-References.

Expense account, when unlawful, see N.D.C.C. §§ 44-08-04, 44-08-05.

Sheriff, mileage, see N.D.C.C. § 11-15-12.

Traveling expenses, what allowed, see N.D.C.C. § 44-08-03.

11-10-16. Statement to claim mileage.

Unless the expense was incurred by the use of a purchasing card, before an allowance for mileage or travel expense may be paid by a county, the individual for whose travel the claim is made shall file with the county auditor an itemized statement verified by affidavit showing the number of miles traveled, the mode of travel, the days of traveling, the purpose of the travel, and the destination. Before a claim for mileage is allowed or paid, the claimant shall file the statement and affidavit with the board of county commissioners which shall decide whether to allow the claim.

Source: I.M. June 29, 1932, § 3, S.L. 1933, p. 495, § 3; 1939, ch. 123, § 3; R.C. 1943, § 11-1016; S.L. 1985, ch. 157, § 2; 2007, ch. 391, § 1.

11-10-17. Officers to make settlement.

Every county officer chargeable with money belonging to the county shall render that officer’s account to and settle with the board of county commissioners at such times as are provided by the laws of this state. A county officer shall pay into the county treasury any balance which may be due the county, taking duplicate receipts therefor, and deposit one of the receipts with the county auditor within five days thereafter.

Source: Pol. C. 1877, ch. 21, § 51; R.C. 1895, § 1932; R.C. 1899, § 1932; R.C. 1905, § 2428; C.L. 1913, § 3303; R.C. 1943, § 11-1017.

Cross-References.

Records of county officers, examination, see N.D.C.C. § 44-04-14.

Reports, when made, see N.D.C.C. § 44-04-01.

11-10-18. Penalty for failure to render or settle accounts.

If any person chargeable with money belonging to the county shall neglect or refuse to render true accounts to or settle with the county therefor, the board of county commissioners shall adjust the accounts of such delinquent according to the best information it can obtain and ascertain the balance due the county and order suit brought in the name of the county therefor. The delinquent shall not be entitled to any salary during the time the person is delinquent and shall forfeit and pay to the county a penalty of twenty percent on any amount of funds due the county and withheld by the person.

Source: Pol. C. 1877, ch. 21, § 52; R.C. 1895, § 1934; R.C. 1899, § 1934; R.C. 1905, § 2430; C.L. 1913, § 3305; R.C. 1943, § 11-1018.

11-10-19. Use of photography in making county records.

Whenever the board of county commissioners shall deem it expedient to do so, photography may be used in the making of permanent county records. When permanent photographic or photostatic copies of any instrument, document, or decree which is required to be recorded are thus made, such copies may be filed and kept instead of the record books or records of instruments or documents required by any provision of this code.

Source: S.L. 1941, ch. 234, § 1; R.C. 1943, § 11-1019.

11-10-19.1. Use of photography in making county records.

Whenever a statute requires an order, will, or other instrument, document, or decree to be transcribed into a record book of a county official, the same may be done by affixing a photostatic or photographic copy thereof to a page of the record book. Such photostatic or photographic copy shall be certified as to correctness by the county official. The photostatic or photographic copy and the certificate shall then be affixed to the page of the record book, and the county official shall inscribe on such page the nature of the instrument affixed, the date recorded, and the official’s signature.

Source: S.L. 1971, ch. 120, § 1.

11-10-20. Board of county commissioners to provide offices, courtroom, jail — Where public records kept — Authorization for central filing of documents of recorder and clerk of district court.

The board of county commissioners shall provide a courtroom and jail, and shall provide offices in the courthouse of the county for the sheriff, county treasurer, recorder, auditor, clerk of the district court, state’s attorney, county superintendent of schools, and any other officer who has charge of public records. If there is no courthouse in the county or if the courthouse erected has insufficient capacity, such offices must be furnished by the county in a suitable building at the county seat for all elected officials, and at any place within the county for appointive or administrative officials, at the lowest rent to be obtained, provided that this section does not apply where county officials may serve more than one county as may be otherwise authorized by law. The board of county commissioners may provide by resolution for the filing in a single location of documents maintained by the recorder and the clerk of the district court. The resolution must state in which office the filing is to be done, the persons who are to have custody of and access to the central files, and must list the documents which are to be centrally filed.

Source: Pol. C. 1877, ch. 21, § 34; Pol. C. 1877, ch. 28, § 105; R.C. 1895, §§ 1324, 1912; R.C. 1899, §§ 1311, 1912; S.L. 1901, ch. 73, § 1; R.C. 1905, §§ 2406, 2407; S.L. 1909, ch. 67, § 2; C.L. 1913, §§ 3281, 3282; R.C. 1943, § 11-1120; S.L. 1991, ch. 326, § 15; 2001, ch. 120, § 1.

Cross-References.

County superintendent of schools, office, see N.D.C.C. § 15.1-11-06.

Officer must deliver property to successor, see N.D.C.C. §§ 44-04-12, 44-04-13.

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

The county auditor, county treasurer, and the chairman of the board of county commissioners, or such other member of the board as may be designated thereby, shall constitute a committee which shall purchase and provide all necessary blanks, books, and other stationery for the use in their official capacities of all county officers and emergency supplies and equipment required by the county.

Source: S.L. 1899, ch. 59, § 1, subs. 4; R.C. 1899, § 1906, subs. 6; R.C. 1905, § 2400, subs. 6; S.L. 1911, ch. 115, § 1, subs. 6; C.L. 1913, § 3275, subs. 6; R.C. 1943, § 11-1021.

Cross-References.

Preference to North Dakota bidders and sellers, see N.D.C.C. § 44-08-01.

Supplies of county superintendent of schools, see N.D.C.C. § 15.1-11-06.

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

Every person who, while an officer of any county of this state or the deputy or clerk of any such officer, directly or indirectly, buys or traffics in, or in anywise becomes a party to the purchase of, any county warrant or order, or any bill, account, claim, or evidence of indebtedness of the person’s county, for any sum less than the full face value thereof, is guilty of an infraction.

Source: S.L. 1890, ch. 117, §§ 1, 2; R.C. 1895, § 7631; R.C. 1899, § 7631; R.C. 1905, § 9401; C.L. 1913, § 10188; R.C. 1943, § 11-1022; S.L. 1975, ch. 106, § 79.

Cross-References.

County treasurer not to speculate in county warrants, see N.D.C.C. § 11-14-19.

11-10-23. Fee bill to be posted — Penalty.

Any county officer whose fees are fixed by law shall make a schedule thereof and shall keep the same in the officer’s office in a conspicuous place. If any such officer shall neglect to do so, the officer, for such neglect, shall forfeit and pay the sum of five dollars to be recovered by a civil action for the use of the county in which the offense was committed.

Source: Pol. C. 1877, ch. 39, § 33; R.C. 1895, § 2105; R.C. 1899, § 2105; R.C. 1905, § 2629; C.L. 1913, § 3549; R.C. 1943, § 11-1023.

11-10-24. Authorization to organize associations of county governments.

1. Counties, organized under the Constitution of North Dakota or organized under any form of county government authorized by the statutes of North Dakota, are hereby authorized upon motion of the board of county commissioners to organize and participate in an association of counties.
2. The organization or organizations authorized hereunder must be organized pursuant to chapter 10-33.

Source: S.L. 1975, ch. 91, § 1; 1997, ch. 105, § 2.

11-10-25. Nepotism by county officials restricted.

No head of any executive or administrative department or agency, either elective or appointive, of any county in this state, may appoint that official’s spouse, son, daughter, brother, or sister to any position under the control or direction of that official, unless the appointment has been previously approved by resolution of the board of county commissioners.

Source: S.L. 1981, ch. 140, § 1.

11-10-26. Appeal after deposit for taking.

When the county seeks acquisition of right of way through eminent domain proceedings authorized by chapter 32-15, the board of county commissioners may make an offer to purchase the right of way and deposit the amount of the offer with the clerk of the district court and thereupon take immediate possession of the right of way as authorized by section 16 of article I of the Constitution of North Dakota. Within thirty days after notice has been given in writing to the landowner by the clerk of the district court that a deposit has been made for the taking of property as authorized in this section, the owner of the property taken may appeal to the district court by serving a notice of appeal upon the board of county commissioners, and the matter must be tried at the next regular or special term of court with a jury unless a jury is waived, in the manner prescribed for trials under chapter 32-15.

Source: S.L. 1989, ch. 141, § 1.

11-10-27. Presumption of regular adoption, enactment, or amendment of resolution or ordinance.

Three years after adoption or amendment of a resolution or the enactment or amendment of an ordinance by the board of county commissioners it is conclusively presumed that the resolution or ordinance was adopted, enacted, or amended and published as required by law.

Source: S.L. 1993, ch. 95, § 1.

11-10-28. Newly elected or appointed county officials — Training.

Within one year of assuming office, an individual who is elected or appointed to the office of county commissioner, auditor, clerk of district court, recorder, or treasurer shall attend training based upon a curriculum specific to that office and approved by the statewide association for that office.

Source: S.L. 1999, ch. 100, § 1; 2001, ch. 120, § 1.

11-10-29. Refund of taxes or fees — Minimum amount.

Notwithstanding any other provision of law, a person is not entitled to a tax or fee refund, to be paid or approved by a county officer or employee, unless the amount of the refund is five dollars or more.

Source: S.L. 2001, ch. 117, § 1.

11-10-30. Acceptance of payment by credit card or other payment method.

A county may accept payment by wire transfer, electronic transfer, automated clearinghouse, or a nationally recognized credit or debit card for any fee charged by, or compensation, tax, or assessment due to a county. A reasonable fee not exceeding the discount, exchange fee, or other fee incurred by the county may be added to the payment as a service charge for the acceptance of payment by a method authorized by this section. The county auditor or individual functioning as county auditor for a county may determine which nationally recognized cards or other payment methods will be accepted for payments made under this section and the amount of the applicable service charge. A person’s liability for a payment is not discharged until the county has received payment or credit from the institution responsible for making the payment or credit.

Source: S.L. 2009, ch. 113, § 1.

11-10.1-01. County director of tax equalization.

1. The board of county commissioners of each county shall appoint a county director of tax equalization who must be experienced in assessment and equalization procedures and techniques, and who holds a current certification as a class I assessor issued by the state supervisor of assessments.
2. The board of county commissioners may appoint a county director of tax equalization on a probationary basis who does not hold a current certification as a class I assessor, if the board deems the individual qualified to act as county director of tax equalization by virtue of education, training, experience, and willingness to obtain certification as a class I assessor. The appointment must be for a term of not more than two years. Any person receiving a probationary appointment who does not obtain certification as a class I assessor within two years from the appointment is not eligible for reappointment.
3. The county director of tax equalization shall serve at the pleasure of the board of county commissioners and may be employed on a full-time or part-time basis. Vacancies in the office of county director of tax equalization must be filled in the same manner as the original appointment.

Source: S.L. 1969, ch. 130, § 1; 1977, ch. 89, § 1; 1987, ch. 143, § 1; 1989, ch. 142, § 1; 2007, ch. 501, § 1; 2015, ch. 433, § 1, effective January 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 433, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

Collateral References.

Civil liability of tax assessor to taxpayer for excessive or improper assessment of real property, 82 A.L.R.2d 1148.

11-10.1-02. Bond — Oath of office.

Each county director of tax equalization or deputy, before performing the duties of office, shall take and subscribe the oath required of public officials and shall give bond in a sum as may be prescribed by the board of county commissioners for the faithful performance of the duties of the office. County directors of tax equalization and their deputies must be bonded through the state bonding fund.

Source: S.L. 1969, ch. 130, § 2; 1989, ch. 142, § 2.

11-10.1-03. Deputies — Clerks.

The county director of tax equalization, within budgetary limits prescribed by the board of county commissioners, may appoint full-time or part-time deputies and clerks as may be necessary for the proper performance of the duties of the office and they shall receive such compensation as may be authorized by the board of county commissioners.

Source: S.L. 1969, ch. 130, § 3; 1989, ch. 142, § 3.

11-10.1-04. Payment of expenses.

A county director of tax equalization and any deputies or clerks shall receive mileage as provided in section 11-10-15 and their actual and necessary traveling expenses at the rate and in the same manner as provided for other county officials. The board of county commissioners shall furnish to the county director of tax equalization and the staff suitable office space and supplies as may be necessary for the proper discharge of the duties of the office. The salary and expenses of the county director of tax equalization, and any deputies or clerks, and the expense of the office must be paid from the general fund of the county.

Source: S.L. 1969, ch. 130, § 4; 1989, ch. 142, § 4.

11-10.1-05. Powers and duties of county director of tax equalization — Qualifications of assessors.

1. The county director of tax equalization has the power, duty, and responsibility to call upon and confer with assessors in the county and to assist them in the preparation and proper use of land maps and property record cards, preparation of assessment books, changes in assessment laws and rules, determination of proper standards of value, use of proper classifications of property, determination of what property qualifies as exempt from property taxes, and authority to require attendance at meetings, to promote uniform assessment of all real property in the county.
2. Any city with a population of under five thousand or township may, by resolution of its governing body, retain an assessor who is certified or eligible to be certified as a class II assessor who shall retain the powers, duties, and responsibilities of the office. Any city with a population of five thousand or greater may, by resolution of its governing body, retain an assessor who is certified or eligible to be certified as a class I assessor who shall retain the powers, duties, and responsibilities of the office. A person may not serve as an assessor for longer than twenty-four months before being certified by the state supervisor of assessments as having met the minimum requirements. The expenses of the city or township assessors must be paid by the city or township exercising this option.
3. The county director of tax equalization shall supervise all individuals performing assessor services in the county and arrange for the assessment of property within the county, except within the jurisdiction of a city or township in which the governing body retains a certified class I or class II assessor.
4. Any city or township that does not retain a certified class I or class II assessor shall utilize the certified assessor of the county in which the city or township is located. The county commission may require the city or township to reimburse the county for the expenses incurred in assessing the property of that city or township.
5. Any assessment made by an assessor who is not currently certified must be reviewed and approved by a certified assessor, prior to the township or city board of equalization annual meeting. The cost of the assessment review must be paid by the township or city having jurisdiction over the assessment at the same rate as paid to a special assessor in section 57-14-08.

Source: S.L. 1969, ch. 130, § 5; 1977, ch. 89, § 2; 1979, ch. 161, § 1; 1981, ch. 141, § 1; 1985, ch. 604, § 1; 1989, ch. 142, § 5; 1989, ch. 143, § 1; 2015, ch. 433, § 2, effective January 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 433, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

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

The county director of tax equalization shall succeed to all the powers and duties of the county auditor pertaining to the administration and enforcement of the mobile homes tax prescribed in chapter 57-55, assist the county auditor in preparation of assessment lists for taxing purposes and in the correction and omission procedures as defined in chapter 57-14, assist local equalization boards and assessors by providing information and instruction in the use of all methods and procedures to obtain uniform property assessments, and spot check all property assessments.

Source: S.L. 1969, ch. 130, § 6; 1971, ch. 122, § 1.

11-10.1-07. Joint county director of tax equalization — County directors may also be city assessors or township assessors.

The respective boards of county commissioners of two or more counties may by agreement and resolutions of the respective boards of county commissioners employ a joint county director of tax equalization who shall act as county director of tax equalization for each of the counties participating in the agreement. The salary and expense of the joint county director of tax equalization and that of the office and staff must be prorated among the counties participating in accordance with the assessed valuation of the counties concerned or upon any other basis as may be agreed upon by the respective boards of county commissioners. The respective boards of county commissioners, acting jointly, shall appoint the joint county director of tax equalization on the same basis and in the same manner as a county director of tax equalization may be appointed for a single county. The joint county director of tax equalization may be discharged upon the resolution of the board of county commissioners of any county participating in the agreement. Any participating county may withdraw from the joint agreement upon resolution of the board of county commissioners and by giving written notice to the boards of county commissioners of the other participating counties at least ninety days in advance of July first of the year of withdrawal. The joint county director of tax equalization shall have all the powers and duties of the county director of tax equalization of a single county and shall keep all records of assessment for each county entirely separate from the records of other counties served by the joint county director of tax equalization. The governing boards of a county and of any city, or any township, may by agreement and resolutions of the respective boards employ a joint county director of tax equalization and city or township assessor.

Source: S.L. 1969, ch. 130, § 7; 1973, ch. 88, 1; 1977, ch. 89, § 3; 1989, ch. 142, § 6.

Cross-References.

Joint exercise of governmental powers, see N.D.C.C. ch. 54-40.

11-10.2-01. County officer combination, separation, and redesignation options.

1. A county may, without requiring local citizens to permit county home rule powers:
   1. Combine any elective county office with one or more functionally related elective or appointive county offices;
   2. Separate an elective county office into two or more elective or appointive offices; or
   3. Redesignate an elective county office as an appointive office or an appointive office as an elective office.
2. A combination or separation of any elected or appointed county office may include the reassignment of any statutory function of that office or service provided by that office, but may not diminish the general responsibility of county government to perform any function or provide any service that is required by law to be performed or provided by county government.
3. This option is available in addition to, or in lieu of, other county structural options authorized under this title, unless a specific mandate for combining or separating particular county offices is otherwise provided by law. The office of sheriff is excluded from the application of this chapter.

Source: S.L. 1993, ch. 401, § 3; 1999, ch. 50, § 32; 1999, ch. 98, § 14.

11-10.2-02. Methods of accomplishing office combination, separation, or redesignation of elective or appointive status.

The combination or separation of elective county offices, or redesignation of a county office as elective or appointive, may be accomplished:

1. By resolution of the board of county commissioners, subject to the right of referendum in the county electors. The board of county commissioners may by a majority vote adopt a preliminary resolution incorporating a proposed plan for combining or separating county offices, or redesignating a county office as elective or appointive. The board shall cause the complete text of the proposed plan to be published in the official newspaper of the county, at least once during two different weeks within the thirty-day period immediately following the adoption of the preliminary resolution. The board of county commissioners shall hold public hearings and community forums or use other suitable means to disseminate information, receive suggestions and comments, and encourage public discussion of the purpose, conclusions, and recommendations of the plan. Within two years after the adoption of the preliminary resolution, the board of county commissioners may by final resolution approve the plan or amend the plan and approve it for implementation according to its terms. The final resolution may be referred to the qualified electors of the county by a petition protesting the plan. The petition must be signed by ten percent or more of the total number of qualified electors of the county voting for governor at the most recent gubernatorial election, and filed with the county auditor, or functional equivalent of that office, before four p.m. on the thirtieth day after the final resolution is adopted. Within ten days after the filing of the petition, the county auditor shall examine the petition and ascertain from the voter list whether the petition contains the signatures of a sufficient number of qualified electors. Any insufficiencies may be cured by the filing of an amended petition within ten days after the county auditor declares the insufficiency. The final resolution is suspended upon a determination by the county auditor that the petition was timely filed and contains the signatures of a sufficient number of qualified electors. The board of county commissioners shall reconsider the referred resolution, and if it does not repeal the resolution in its entirety, shall submit the resolution to a vote of the qualified electors of the county at the next regular election. The county auditor shall cause the complete text of the resolution to be published in the official newspaper of the county, not less than two weeks nor more than thirty days, before the date of the election. If a majority of the qualified electors voting on the question approves the resolution, the plan incorporated in the resolution is effective and becomes operative according to its terms as if it had not been suspended.
2. By initiative of county electors. A petition signed by ten percent or more of the total number of qualified electors of the county voting for governor at the most recent gubernatorial election may be submitted to the board of county commissioners, calling upon the board to submit to the electors the question of adopting a plan described in, or annexed to, the petition. The county auditor, or the functional equivalent of that officer, shall examine the petition and ascertain from the voter list whether or not the petition contains the signatures of a sufficient number of qualified electors. Any insufficiencies may be cured by the filing of an amended petition within thirty days after the county auditor declares the insufficiency. When a plan for the combination or separation of county offices or redesignation of county offices as elective or appointive is proposed pursuant to this subsection, the board of county commissioners shall submit the proposed plan to a vote of the qualified electors of the county at a primary or general election not less than sixty days nor more than two years, as specified in the petition, after determining that the petition is sufficient. The question on the ballot at the election must be framed in a manner that fairly and accurately describes the substance of the proposed plan. The board shall cause the complete text of the proposed plan to be published in the official newspaper of the county, at least once during two different weeks within the thirty-day period immediately preceding the date of the election. The board of county commissioners may, prior to the election, hold public hearings and community forums and use other suitable means to disseminate information, receive suggestions and comments, and encourage public discussion of the purpose, conclusions, and recommendations of the plan. If a majority of the qualified electors voting on the question approves of its adoption, the plan is effective according to its terms.

Source: S.L. 1993, ch. 401, § 3; 1997, ch. 108, § 4.

11-10.2-03. Analysis required — Contents of plan — Limitations.

1. A proposed plan for combining or separating county elective offices, or redesignating a county office as elective or appointive, must be based on an analysis of each affected office, which may include an analysis of:
   1. The existing office organization, functions, and procedures established for providing governmental services;
   2. The proposed office organization, functions, and procedures; and
   3. How the proposal may improve the effectiveness and efficiency of county government and its responsiveness and accountability to local citizens.
2. The analysis may be performed as part of a study process initiated pursuant to chapter 40-01.1.
3. A proposed plan for combining or separating county elective offices, or redesignating a county office as elective or appointive, may include provision for:
   1. The selection, powers, duties, functions, qualifications and training, terms, and compensation of the affected county offices, notwithstanding any other law;
   2. Selection, transfer, reassignment, or termination of personnel associated with each affected office;
   3. The election or appointment of a county manager, notwithstanding the provisions of chapter 11-09;
   4. Transition in implementation of the plan, including elements that consider the reasonable expectations of current officeholders such as delayed effective dates for implementation at the end of a current term or a future term, upon the occurrence of a vacancy, or on a date certain;
   5. The limited application or temporary implementation of the plan, including provisions that permit implementation on an experimental or pilot basis such as the expiration of the plan on a date certain in the future, required reapproval of the plan by the electors at a future date, or a phased-in implementation of different components of the plan; and
   6. Any other provision deemed necessary for combining or separating the offices or redesignating an office as elective or appointive.
4. A plan may not propose to diminish the term of office for which a current county officer was elected, redesignate that elected office during that term as appointed, or reduce the salary of the office for that term. The plan may not diminish the general responsibility of county government to perform any function or provide any service that is required by law to be performed or provided by county government.
5. A proposed plan may not diminish the future term of office, or redesignate an elected office as appointed, with respect to any person who, on August 1, 1993, holds an elected county office and continues to hold that specific office for future terms on an uninterrupted basis. This subsection does not apply after January 1, 2002, or if the person holding the affected office consents in writing to the proposed plan and files that written document prior to the scheduled implementation of the plan with the district court for the county.

Source: S.L. 1993, ch. 401, § 3; 2013, ch. 92, § 2.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 92, S.L. 2013 became effective August 1, 2013.

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

One copy of the plan as approved must be filed with the district court for the county and one with the county auditor or functional equivalent to remain as a part of the county’s permanent records. The board of county commissioners may take any action necessary to bring about an orderly transition in implementation of the plan, including any transfer of powers, records, documents, property, or funds which is consistent with the approved plan and necessary to place it into full effect. A plan, or part of a plan, adopted under this chapter may be revised or abandoned through the same procedure set forth in this chapter for adopting a plan.

Source: S.L. 1993, ch. 401, § 3.

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

A plan for combining or separating appointive county offices may be proposed and adopted by resolution of the board of county commissioners.

Source: S.L. 1993, ch. 401, § 3.

11-10.3-01. Multicounty combination of elective offices.

1. A county may combine any county elective office with one or more elective offices of one or more other counties for the purpose of sharing that combined office for the performance of functions and the provision of services among those counties. The procedures set forth in this chapter apply to the combination, unless a specific procedure for combining particular elective county offices is otherwise provided by law.
2. A proposal for combining county elective offices may be accomplished:
   1. By the boards of county commissioners of each affected county by entering into a joint powers agreement incorporating a plan for the office combination, subject to the right of referendum in the electors of each of the counties; or
   2. By initiative of the electors of each affected county. A petition signed by ten percent or more of the total number of qualified electors of each county voting for governor at the most recent gubernatorial election may be submitted to the boards of county commissioners of each county, calling upon the boards to submit to the electors the question of adopting a plan described in, or annexed to, the petition.
3. A joint powers agreement entered into between counties for combining the functions of any county elective office pursuant to subdivision a of subsection 2 may be referred to the qualified electors of an affected county by a petition protesting the agreement. The petition must be signed by ten percent or more of the total number of qualified electors of the county voting for governor at the most recent gubernatorial election, and filed with the county auditor, or functional equivalent of that office, before four p.m. on the thirtieth day after the agreement is adopted. Within ten days after the filing of the petition, the county auditor shall examine the petition and ascertain from the voter list whether the petition contains the signatures of a sufficient number of qualified electors. Any insufficiencies may be cured by the filing of an amended petition within ten days after the county auditor declares the insufficiency. The implementation of the terms of the joint powers agreement is suspended upon a determination by the county auditor that the petition was timely filed and contains the signatures of a sufficient number of qualified electors. The board of county commissioners shall reconsider the referred agreement and, if the board does not terminate the agreement in its entirety, shall submit the question to a vote of the qualified electors of the county at the next regular election. The county auditor shall cause the complete text of the agreement to be published in the official newspaper of the county, not less than two weeks nor more than thirty days, before the date of the election. The boards of county commissioners may, prior to the election, hold public hearings and community forums and use other suitable means to disseminate information, receive suggestions and comments, and encourage public discussion of the purpose and provisions of the plan. If a majority of the qualified electors voting on the question in the county approve the question, the plan incorporated in the agreement is effective and becomes operative according to the terms of the agreement as if the agreement had not been suspended. If the electors of either county do not approve the question, the plan does not become effective.
4. The question of combination of the functions of elective county offices brought by petition pursuant to subdivision b of subsection 2 must be submitted by the boards of county commissioners to the electors in each of the affected counties at a primary or general election not less than sixty days nor more than two years, as specified in the petition, after the petition is determined sufficient by each board. The question on the ballot at the election must be framed in a manner that fairly and accurately describes the substance of the proposed office-sharing arrangement. The board of county commissioners in each affected county shall cause the complete text of the proposed plan for combining offices to be published in the official newspaper of the county, at least once during two different weeks within the thirty-day period immediately preceding the date of the election. The boards of county commissioners may, prior to the election, hold public hearings and community forums and use other suitable means to disseminate information, receive suggestions and comments, and encourage public discussion of the purpose and provisions of the plan. If a majority of the qualified electors of each county voting on the question approves of its adoption, the plan is effective according to its terms.
5. One copy of the plan as approved must be filed with the district court for each county and one with each county auditor or functional equivalent to remain as a part of each county’s permanent records. The boards of county commissioners may take any action necessary to bring about an orderly transition in implementation of the plan.
6. A plan, or part of a plan, adopted pursuant to this chapter may be revised or terminated through another joint powers agreement or petition submitted pursuant to the procedure set forth in this chapter for adopting a plan, or pursuant to provisions for termination or revision provided in the original joint powers agreement.

Source: S.L. 1993, ch. 401, § 4; 1997, ch. 108, § 5.

11-10.3-02. Contents of plan — Limitations.

1. A joint powers agreement or plan for combining the function of county elective offices may specify:
   1. The offices to be combined;
   2. The selection, powers, duties, functions, qualifications and training, terms, candidate residency requirements notwithstanding section 11-10-04, and compensation of the combined office, and status of the office as elective or appointive;
   3. The manner of apportionment of the costs of the office;
   4. Procedures for the selection, transfer, reassignment, or termination of personnel associated with the affected offices;
   5. Procedures for the transfer of powers, records, documents, and property;
   6. Procedures for termination or modification of the arrangement;
   7. The process for transition in implementing the office combination, including delayed effective dates for implementation at the end of a current term or a future term, upon the occurrence of a vacancy, or on a date certain;
   8. A process for the limited application or temporary implementation of the plan, including provisions that permit implementation on an experimental or pilot basis such as the expiration of the plan on a date certain in the future, require reapproval of the plan by the electors at a future date, or a phased-in implementation of various components of the plan; and
   9. Other provisions pertaining to the combined office that the affected boards of county commissioners deem necessary or advisable.
2. A proposed plan for combining the functions of county elective offices may not diminish the term of office for which a current county officer was elected, redesignate that elected office during that term as appointed, or reduce the salary of the office for that term. The plan may not diminish any general responsibility of county government to perform any function or provide any service that is required by law to be performed or provided by county government.
3. A proposed plan may not diminish the future term of office, or redesignate an elected office as appointed, with respect to any person who, on August 1, 1993, holds an elected county office and continues to hold that specific office for future terms on an uninterrupted basis. This subsection does not apply after January 1, 2002, or if the person holding the affected office consents in writing to the proposed plan, and files that written document prior to the scheduled implementation of the plan with the district court for each county.

Source: S.L. 1993, ch. 401, § 4; 2013, ch. 92, § 3.

Effective Date.

The 2013 amendment of this section by section 3 of chapter 92, S.L. 2013 became effective August 1, 2013.

11-10.3-03. Office sharing among political subdivisions.

A proposal for combining appointive offices of two or more counties, appointive offices of a county and another political subdivision, or appointive offices of two or more political subdivisions which are not counties may be implemented through the execution of a joint powers agreement, unless a specific procedure for combining particular appointive offices is otherwise provided by law. The proposal is not subject to the referendum or election procedures of this chapter. A proposal for combining both elective and appointive offices of two or more counties, between a county and another political subdivision, or between two or more political subdivisions which are not counties, is subject to the referendum procedures of this chapter only in the county or other political subdivision of the elective office.

Source: S.L. 1993, ch. 401, § 4.

11-11-01. Number of county commissioners.

Each organized county shall have a board of county commissioners which shall consist of not less than three nor more than five members.

Source: Pol. C. 1877, ch. 21, § 15; S.L. 1883, ch. 33, § 3; N.D. Const., § 172; R.C. 1895, § 1890; R.C. 1899, § 1890; R.C. 1905, § 2384; C.L. 1913, § 3257; R.C. 1943, § 11-1101.

11-11-02. Commissioner must be resident of district — Exceptions.

Each county commissioner shall be chosen by the qualified electors of the district of which the commissioner is a resident, except as otherwise provided in section 11-07-03 or 11-07-06.

Source: Pol. C. 1877, ch. 21, § 15; S.L. 1883, ch. 33, § 3; R.C. 1895, § 1890; R.C. 1899, § 1890; R.C. 1905, § 2384; C.L. 1913, § 3257; R.C. 1943, § 11-1102; S.L. 1971, ch. 117, § 3; 2009, ch. 110, § 4; 2013, ch. 63, § 1.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 63, S.L. 2013 became effective August 1, 2013.

11-11-03. Term of office of commissioners.

A county commissioner shall hold office for the term of four years except as otherwise provided in this title.

Source: Pol. C. 1877, ch. 21, § 16; R.C. 1895, § 1896; R.C. 1899, § 1896; S.L. 1901, ch. 52, § 3; 1903, ch. 74, § 1; R.C. 1905, § 2390; S.L. 1913, ch. 123, § 1; C.L. 1913, § 3264; S.L. 1937, ch. 120, § 2; R.C. 1943, § 11-1103.

Cross-References.

Removal from office, see N.D.C.C. § 44-11-01.

Vacancies, how filled, see N.D.C.C. § 44-02-05.

When term of office begins, see N.D.C.C. § 11-10-05.1.

When to qualify for office, see N.D.C.C. § 11-10-05.

11-11-03.1. Commissioners’ service on other boards — Term.

Except as otherwise provided in this section, a member of a board of county commissioners who is appointed to serve on another board by the board of county commissioners or who is a member of another board because of the individual’s status as a member of the board of county commissioners may serve on the other board only so long as the individual is a member of the board of county commissioners. After the individual is no longer a member of the board of county commissioners, the board of county commissioners may reappoint the individual to serve on the other board unless membership on the board of county commissioners is a requirement of membership.

Source: S.L. 2003, ch. 88, § 1.

11-11-04. Specific provisions to be contained in bond of county commissioners.

The bond of a member of the board of county commissioners shall be conditioned for the faithful performance and discharge, according to law, of the official duties of the office and the rendition of a true, accurate, and full account of all business transactions, powers, and trusts of every kind and nature that shall come before the member or into the member’s hands as such officer. The bond shall cover all the business of the county done by the member and shall protect the county against all the member’s acts of omission as well as of commission, including all errors caused by carelessness or inattention in office.

Source: S.L. 1911, ch. 114, § 1; C.L. 1913, § 667; S.L. 1923, ch. 193, § 1; 1925 Supp., § 667; R.C. 1943, § 11-1104.

Cross-References.

Bond of county commissioners, see N.D.C.C. § 11-10-06(2).

11-11-05. Meetings of board — Time and place.

The board of county commissioners shall meet and hold regular meetings for the transaction of business at a time and place to be designated by the commission on a date certain established by resolution or ordinance of the commission. The county auditor shall have power to call special meetings when the interests of the county demand it. The chairman of the board, or a majority of the members thereof, may call special meetings that must be noticed in accordance with section 44-04-20.

Source: Pol. C. 1877, ch. 21, § 18; R.C. 1895, § 1898; R.C. 1899, § 1898; R.C. 1905, § 2392; C.L. 1913, § 3266; S.L. 1919, ch. 101, § 1; 1925 Supp., § 3266; R.C. 1943, § 11-1105; S.L. 1991, ch. 105, § 1; 2009, ch. 114, § 1.

11-11-05.1. Joint meetings of boards of county commissioners for consideration of levies of taxing districts in multiple counties.

If feasible, the boards of county commissioners of affected counties shall hold joint public hearings and deliberations when considering the proposed property tax levy of a taxing district seeking authority for a levy against property within multiple counties. If joint hearing and deliberation is not feasible, the boards of county commissioners of affected counties shall coordinate their levy directives to be applied to property within the taxing district.

Source: S.L. 2016 ch. 88, § 7, eff for taxable years beginning after December 31, 2015.

Effective Date.

This section is effective for taxable years beginning after December 31, 2015.

11-11-06. Sessions of board to be public — County matters heard at session only.

The meetings of the board of county commissioners shall be open to the public. All matters pertaining to the affairs of the county shall be considered by the board in session only, but it may continue any business from a regular session to a day between regular sessions.

Source: Pol. C. 1877, ch. 21, § 40; R.C. 1895, § 1920; R.C. 1899, § 1920; R.C. 1905, § 2415; C.L. 1913, § 3290; R.C. 1943, § 11-1106.

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

A majority of the members elected or appointed to the board of county commissioners shall constitute a quorum for the transaction of its business. When the board is equally divided on any question, it shall defer its decision thereon until its next meeting, at which time the matter shall be decided by a majority of the members of the board.

Source: Pol. C. 1877, ch. 21, § 21; R.C. 1895, § 1900; R.C. 1899, § 1900; R.C. 1905, § 2394; C.L. 1913, § 3268; R.C. 1943, § 11-1107.

11-11-08. Chairman — Election — Duties.

At the first meeting of the board of county commissioners each year, the members of the board shall elect one of their number chairman, who shall act as chairman of such board during the year in which the chairman is elected or until the chairman’s successor is elected, and in case of a vacancy from any cause whatever, the board shall elect another chairman. The chairman shall preside at the meetings of the board. All orders made by the board shall be signed by the chairman and attested by the county auditor as clerk of the board, except that claim vouchers or other orders directed to the auditor as authorization for the issuance of warrants shall not be attested by the auditor.

Source: Pol. C. 1877, ch. 21, §§ 19, 20; R.C. 1895, § 1899; R.C. 1899, § 1899; R.C. 1905, § 2393; C.L. 1913, § 3267; S.L. 1943, ch. 108, § 1; R.C. 1943, § 11-1108.

11-11-09. County seal.

The board of county commissioners shall procure and keep a seal with such emblems and devices as it may think proper, which shall be the seal of the county, and no other seal shall be used by the county auditor. The impression of the seal shall be sufficient sealing in all cases when sealing is required.

Source: Pol. C. 1877, ch. 21, § 17; R.C. 1895, § 1897; R.C. 1899, § 1897; R.C. 1905, § 2391; C.L. 1913, § 3265; R.C. 1943, § 11-1109.

11-11-10. Power of board to preserve order — Fines — Collection.

The board of county commissioners has power to preserve order when sitting as a board and may punish contempts by fines of not more than five dollars or by imprisonment in the county jail for not more than twenty-four hours. The board may enforce obedience to its orders by attachment or other compulsory process, and when fines are assessed by it, they may be collected before any district judge having jurisdiction, and, within ten days after they are collected, must be paid into the treasury of the county to be added to the state school fund.

Source: Pol. C. 1877, ch. 21, § 23; R.C. 1895, § 1902; R.C. 1899, § 1902; R.C. 1905, § 2396; C.L. 1913, § 3270; R.C. 1943, § 11-1110; S.L. 1981, ch. 320, § 15; 1991, ch. 326, § 16.

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

The board of county commissioners:

1. Shall superintend the fiscal affairs of the county.
2. Shall supervise the conduct of the respective county officers.
3. May cause to be audited and verified the accounts of all officers having the custody, management, collection, or disbursement of any moneys belonging to the county or received in their official capacity.
4. Before November fifteenth of each year, shall have the county auditor prepare general purpose financial statements in accordance with generally accepted accounting principles. Public notice that financial statements have been prepared and are available for inspection must be published in the official newspaper.

Source: Pol. C. 1877, ch. 21, § 30; R.C. 1895, § 1907; R.C. 1899, § 1907; R.C. 1905, § 2401; S.L. 1911, ch. 118, § 1; C.L. 1913, § 3276; S.L. 1943, ch. 124, § 1; R.C. 1943, § 11-1111; S.L. 1987, ch. 144, § 1; 1991, ch. 106, § 1; 2019, ch. 59, § 8, effective August 1, 2019.

Cross-References.

Aid to county fair, see N.D.C.C. § 4-02-26.

Bridges, see N.D.C.C. § 24-08-01 et seq.

County commissioners members of board of county park commissioners, see N.D.C.C. § 11-28-01.

Designation of voting places, see N.D.C.C. § 16.1-04-02.

Highways, change in, see N.D.C.C. § 24-07-04.

Incorporation of municipalities, see N.D.C.C. § 40-02-01 et seq.

Organization of township, see N.D.C.C. §§ 58-02-01 to 58-02-03.

Powers of board of county commissioners, see N.D.C.C. § 11-11-14.

Road fund, how expended, see N.D.C.C. § 24-05-02.

11-11-12. Board of county commissioners to provide courts with supplies and attendants. [Repealed]

Repealed by S.L. 1991, ch. 326, § 203.

11-11-13. Board to ascertain amount of satisfaction of tax lien money.

The board of county commissioners, at the first meeting of the board each year, shall examine the county treasurer’s satisfaction of tax lien book and stub receipts and ascertain the amount of satisfaction of tax lien money in the treasury, and shall require the treasurer to account for the same.

Source: S.L. 1879, ch. 49, § 10; R.C. 1895, § 1933; R.C. 1899, § 1933; R.C. 1905, § 2429; C.L. 1913, § 3304; R.C. 1943, § 11-1113; S.L. 1999, ch. 503, § 1.

Cross-References.

Failure of treasurer to account, penalty, see N.D.C.C. § 11-10-18.

11-11-14. Powers of board of county commissioners.

The board of county commissioners shall have the following powers:

1. To institute and prosecute civil actions for and on behalf of the county and in its name.
2. To make all orders respecting property of the county.
3. To levy a tax not exceeding the amount authorized by law.
4. To control the finances, to contract debts and borrow money, to make payments of debts and expenses, to establish charges for any county or other services, and to control the property of the county.
5. To construct and repair bridges and to open, lay out, vacate, and change highways in the cases provided by law. But the board may not contract for the construction of bridges costing more than one hundred dollars without first complying with the provisions of chapter 24-08.
6. To establish election precincts in the county in areas outside the boundaries of incorporated cities except as provided in chapter 16.1-04.
7. To equalize the assessments of the county in the manner provided by law.
8. To furnish to the county officers the necessary telephone, postage, telephone and telegraph tolls, and all other things necessary and incidental to the performance of the duties of their respective offices to be paid out of the county treasury.
9. To furnish a fireproof safe in which to keep all the books, records, vouchers, and papers pertaining to the business of the board.
10. To dispose of property of the county in the manner provided in chapter 11-27.
11. To purchase lands in lieu of those sold.
12. 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, county streets, roads, or highways.
13. To establish a garbage and trash collection system encompassing all or any part of the territory of the county. The words “garbage and trash collection system” include the operation and maintenance of one or more sanitary landfill sites, or other types of processing sites for the disposal of trash and garbage. The board may operate such system in cooperation with any one or more political subdivisions of this or any other state in accordance with chapter 54-40. The board may borrow money by issuing certificates of indebtedness, repayable from fees or special assessments, or both, which may be charged to the proper parcels of land or to persons receiving the direct benefits of the garbage and trash collection system, or repayable in such other manner as may be provided by law, in order to purchase the initial equipment and land necessary for operation of the system. If the board resolves to establish such a system, the expenses of establishing, operating, and maintaining it may be financed by fees charged to persons receiving direct benefits or by special assessment against the parcels of land properly charged therewith, or by both such fees and assessments. The assessment may be made, published, altered, appealed from, and confirmed under the procedures set forth in chapter 11-28.1.
14. To maintain, in its discretion, all public roads and private highways and roads that are being used as part of regularly scheduled public schoolbus routes.
15. To expend county funds for the purpose of participating in an organization of county governments pursuant to section 11-10-24. This subsection does not authorize a mill levy, and the limitations embodied in section 57-15-06 apply to expenditures under this subsection, which expenditures shall be from the county general fund.
16. To expend county funds to finance in part or entirely for county employees a group insurance program for hospital benefits, medical benefits or life insurance, and a group retirement program through either the state retirement program or a private company.
17. To do and perform any other duties prescribed by law.
18. To loan or grant money to and secure a mortgage from individuals, associations, corporations, or limited liability companies and to purchase ownership shares in corporations, limited liability companies, or other business associations as provided through the procedures established by the state’s community development block grant program established pursuant to the Housing and Community Development Act of 1974 [Pub. L. 93-383; 88 Stat. 633; 42 U.S.C. 5301 et seq.]. This power applies to all community development block grant transactions of the board of county commissioners, including any transactions prior to July 1, 1987. The county is not lending its funds or extending its credit to any individual, association, or organization under this subsection and no general liability on the part of the county is incurred.
19. To license, tax, and regulate pawnbrokers outside of municipalities.
20. To acquire by lease, purchase, gift, condemnation, or other lawful means and to hold in its name for use and control as provided by law, both real and personal property and easements and rights of way within the county for all purposes authorized by law or necessary to the exercise of any power granted.
21. To participate and enact or adopt ordinances and resolutions necessary for participation in the nation’s historic preservation program as a certified local government, as provided for under 36 CFR 61.6.
22. To regulate the confinement and control of dogs, cats, and other household pets, provided the regulations do not conflict with rules adopted by the state board of animal health.
23. To require that financial records, including all revenues, expenditures, fund balances, and complete budgets, be submitted to the board of county commissioners at a time and in a format requested by the board by all boards, authorities, committees, and commissions with members appointed by the board of county commissioners before the board’s consideration of the budget and tax levy.
24. To expend county funds as a donation for a capital improvement project to a nonprofit health care facility within the county.
25. To expend county funds for eradication of gophers, prairie dogs, rabbits, crows, or magpies.
26. To expend county funds to enhance communications infrastructure for countywide benefit.
27. To provide for the planning, design, acquisition, development, operation, maintenance, and support of automation and telecommunications resources.
28. To provide for firebreaks and other fire protection and suppression measures.
29. To construct, equip, operate, and maintain county buildings, including court facilities, correction centers, jails, and other law enforcement facilities.
30. To require that all financial records, including all revenues, expenditures, fund balances, and complete budgets be submitted to the board of county commissioners at a time and in a format requested by the board of county commissioners by all boards, authorities, committees, and commissions appointed by the board of county commissioners before consideration by the board of county commissioners of the budget and levy request.

Source: Pol. C. 1877, ch. 21, §§ 28, 29; R.C. 1895, §§ 1905, 1906; S.L. 1899, ch. 59, § 1; R.C. 1899, §§ 1905, 1906; R.C. 1905, §§ 2399, 2400; S.L. 1907, ch. 67, § 1; 1911, ch. 115; C.L. 1913, §§ 3273 to 3275; S.L. 1937, ch. 123, § 1; R.C. 1943, § 11-1114; S.L. 1955, ch. 112; 1957 Supp., § 11-1114; S.L. 1967, ch. 158, § 3; 1969, ch. 208, § 1; 1971, ch. 123, §§ 1, 2; 1973, ch. 89, § 1; 1975, ch. 91, § 2; 1975, ch. 92, § 2; 1977, ch. 90, § 1; 1977, ch. 91, § 1; 1979, ch. 162, § 1; 1983, ch. 82, § 10; 1985, ch. 158, § 1; 1985, ch. 236, § 1; 1985, ch. 453, § 1; 1987, ch. 145, § 1; 1989, ch. 144, § 1; 1989, ch. 145, §§ 1, 2; 1993, ch. 54, § 106; 1993, ch. 96, § 1; 1995, ch. 110, § 1; 1999, ch. 101, § 1; 2003, ch. 48, § 5; 2015, ch. 88, § 8; 2015, ch. 89, § 1; 2015, ch. 439, § 12.

Effective Date.

The 2015 amendment of this section by section 8 of chapter 88, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

The 2015 amendment of this section by section 1 of chapter 89, S.L. 2015 became effective August 1, 2015.

The 2015 amendment of this section by section 12 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

Note.

Section 11-11-14 was amended 3 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 89, Session Laws 2015, House Bill 1329; Section 8 of Chapter 88, Session Laws 2015, Senate Bill 2056; and Section 12 of Scapter 439, Session Laws 2015, Senate Bill 2144.

Cross-References.

Administration of oaths by county commissioners, see N.D.C.C. § 44-05-01.

Appropriation of money to prevent spread of tuberculosis, see N.D.C.C. § 23-07-20.

Bridges, procedure for construction, see N.D.C.C. § 24-08-01 et seq.

Clerical help for soil conservation district supervisors, see N.D.C.C. § 4-22-23.1.

County nursing home authority, establishment, see N.D.C.C. § 23-18.2-03.

County safety council or director, designation, see N.D.C.C. § 23-13-11.

Duties relating to county agent, see N.D.C.C. § 4-08-01 et seq.

Fire protection of unorganized townships, see N.D.C.C. § 18-06-11.

General duties of board of county commissioners, see N.D.C.C. § 11-11-11.

Licensing retail sale of liquor, see N.D.C.C. § 5-02-01.

Opening and vacating highways, see N.D.C.C. § 24-07-01 et seq.

Poor relief fund, see N.D.C.C. ch. 50-03.

Sale by board of county commissioners validated, see N.D.C.C. § 1-08-06.

Vector control district commissioners, see N.D.C.C. § 23-24-05.

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

The board of county commissioners may procure for its county certified copies of the field notes and plats of the original surveys by the United States of the lands within its county and may cause a map of the county to be constructed therefrom on a scale of not less than one inch [2.54 centimeters] to a mile [1.61 kilometers] laid off in congressional townships and sections. When obtained, such notes and plats shall be bound substantially in book form, and together with the map of the county, shall be deposited in the office of the county auditor and kept open for the benefit of the public.

Source: Pol. C. 1877, ch. 21, § 31; R.C. 1895, § 1910; R.C. 1899, § 1910; R.C. 1905, § 2404; S.L. 1907, ch. 72, § 8; C.L. 1913, §§ 3279, 3432; R.C. 1943, § 11-1115.

11-11-16. Board has power to erect, repair, and maintain buildings from current revenue.

The board of county commissioners may provide for the purchase, erection, repair, and maintenance of the courthouse, hospitals, jails, and other necessary buildings within and for the county. It may purchase the sites for such county buildings if necessary and may make contracts on behalf of the county for the building, repairing, and maintaining thereof if the expenditures therefor are not greater than can be paid out of the revenue of the county for the current year. The board shall have the entire supervision of the construction of such buildings.

Source: Pol. C. 1877, ch. 21, § 43; R.C. 1895, §§ 1923, 2046; S.L. 1899, ch. 42, § 4; R.C. 1899, §§ 1923, 2046; R.C. 1905, §§ 2419, 2566; C.L. 1913, §§ 3294, 3460; S.L. 1923, ch. 192, § 1; 1925 Supp., § 3294; R.C. 1943, § 11-1116.

11-11-17. Board of county commissioners may supervise the building or repairing of roads, bridges, and property of the county — Compensation.

Whenever the board of county commissioners of any county is required by law to lay out, oversee, and supervise the building or repairing of roads and bridges, including the appointment of a district overseer of highways’ duties in unorganized territory, or the building or repairing of any property owned by the county, the board may appoint or designate one or more members of the board personally to lay out, oversee, or supervise the building or repairing of any such roads, bridges, or property. Each commissioner is entitled to receive as compensation for services the sum of five dollars per day and the mileage provided by law for members of the board of county commissioners.

Source: S.L. 1917, ch. 129, § 1; 1925 Supp., § 1946b; R.C. 1943, § 11-1117; S.L. 1999, ch. 102, § 1.

11-11-18. Board to submit extraordinary outlay to vote. [Repealed]

Source: Pol. C. 1877, ch. 21, §§ 32, 43; R.C. 1895, §§ 1911, 1923; R.C. 1899, §§ 1911, 1923; R.C. 1905, §§ 2405, 2419; S.L. 1909, ch. 67, § 1; C.L. 1913, §§ 3280, 3294; S.L. 1923, ch. 192, § 1; 1925 Supp., § 3294; R.C. 1943, § 11-1118; S.L. 1977, ch. 92, § 1; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

11-11-19. When commissioners may purchase land without election.

If, in the opinion of a majority of the members of the board of county commissioners, acquisition of land is, or may become, necessary for the courthouse or the jail, or for the purpose of beautifying county buildings, or to prevent the erection of other buildings so near to the courthouse and jail that the transaction of public business will be inconvenienced, the board, by a majority vote of its members, may purchase such land without submitting the question to a vote of the electors of the county. The money required for the purchase of the additional land shall be raised in the manner in which money is raised for general county purposes.

Source: Pol. C. 1877, ch. 21, § 44; R.C. 1895, § 1324; R.C. 1899, § 1311; S.L. 1901, ch. 73, § 1; R.C. 1905, § 2406; C.L. 1913, § 3281; R.C. 1943, § 11-1119; S.L. 1985, ch. 159, § 1.

11-11-19.1. Lease purchase — Building authority.

Unless a lease purchase or building authority agreement is approved by a vote of the majority of the qualified electors of a county, the governing body of a county may not enter a lease purchase or building authority agreement for the acquisition of any property or construction of any structure having a cost of more than four million dollars.

Source: S.L. 2021, ch. 88, § 1, effective August 1, 2021.

11-11-20. Notice of election on question of extraordinary expenditure. [Repealed]

Source: Pol. C. 1877, ch. 21, § 34; Pol. C. 1877, ch. 28, § 105; R.C. 1895, §§ 1324, 1912; R.C. 1899, §§ 1311, 1912; S.L. 1901, ch. 73, § 1; R.C. 1905, §§ 2406, 2407; S.L. 1909, ch. 67, § 2; C.L. 1913, §§ 3281, 3282; R.C. 1943, § 11-1120; Repealed by 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-21. Proposition to tax must accompany question submitted. [Repealed]

Source: Pol. C. 1877, ch. 21, § 35; R.C. 1895, § 1913; R.C. 1899, § 1913; R.C. 1905, § 2408; S.L. 1909, ch. 67, § 3; C.L. 1913, § 3283; R.C. 1943, § 11-1121; 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-22. Vote necessary — How tax levied and collected. [Repealed]

Source: Pol. C. 1877, ch. 28, § 105; R.C. 1895, § 1324; R.C. 1899, § 1311; S.L. 1901, ch. 73, § 1; R.C. 1905, § 2406; C.L. 1913, § 3281; R.C. 1943, § 11-1122; 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-23. Record of vote — Board cannot rescind. [Repealed]

Source: Pol. C. 1877, ch. 21, § 37; R.C. 1895, § 1915; R.C. 1899, § 1915; R.C. 1905, § 2410; C.L. 1913, § 3285; R.C. 1943, § 11-1123; 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-24. Limitation on tax levy for extraordinary expenditure. [Repealed]

Source: Pol. C. 1877, ch. 21, § 36; R.C. 1895, § 1914; R.C. 1899, § 1914; R.C. 1905, § 2409; S.L. 1909, ch. 67, § 4; C.L. 1913, § 3284; R.C. 1943, § 11-1124; S.L. 1983, ch. 593, § 6; 1983, ch. 606, § 12; 1987, ch. 676, § 5; 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

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

Source: Pol. C. 1877, ch. 21, § 38; R.C. 1895, § 1916; R.C. 1899, § 1916; R.C. 1905, § 2411; C.L. 1913, § 3286; R.C. 1943, § 11-1125; 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-25.1. Disposition of unexpended and unencumbered county taxes levied for a specific purpose.

If any county shall levy a tax for a specific purpose and the moneys collected are not expended or encumbered within two years after their collection, the board of county commissioners may deposit such taxes in the county general fund or authorize their expenditure by any political subdivision having authority to carry out the purpose for which the taxes were originally levied.

Source: S.L. 1965, ch. 100, § 1.

11-11-26. When board shall advertise for bids for fuel.

For the purchase of fuel when the amount exceeds four thousand dollars, the board of county commissioners shall seek bids either by telephone solicitation from at least two suppliers, or by an advertisement for bids to be published at least once each week for two successive weeks in the official newspaper of the county and in other newspapers as the board deems advisable.

Source: Pol. C. 1877, ch. 21, § 45; S.L. 1889, ch. 49, § 1; R.C. 1895, § 1925; S.L. 1899, ch. 59, § 2; R.C. 1899, § 1925; S.L. 1905, ch. 72, § 1; R.C. 1905, § 2421; C.L. 1913, § 3296; S.L. 1921, ch. 49, § 1; 1923, ch. 190, § 1; 1925 Supp., § 3296; R.C. 1943, § 11-1126; S.L. 1951, ch. 111, § 1; 1957, ch. 109, § 1; 1957 Supp., § 11-1126; S.L. 1977, ch. 93, § 1; 1991, ch. 107, § 1; 1995, ch. 443, § 1; 2007, ch. 403, § 1; 2015, ch. 90, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 90, S.L. 2015 became effective August 1, 2015.

Cross-References.

Authority to contract with federal government, see N.D.C.C. § 21-06-08.

Construction of bridges, advertisement for bids, see N.D.C.C. § 24-08-01.

License required for award of contract, see N.D.C.C. § 43-07-12.

Requirements for rental contracts, advertisement, county road equipment, see N.D.C.C. § 24-05-04.

Sealed bids required, time and place of opening, see N.D.C.C. § 44-08-01.1.

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

The advertisement must state what type of fuel is required and when the bids will be opened and passed upon by the board of county commissioners. The bids may be opened and passed upon at a regular or adjourned session of the board, or at a meeting called by the county auditor as provided in section 11-11-05. The bid of the lowest responsible bidder must be accepted, but the board may reject any or all bids.

Source: Pol. C. 1877, ch. 21, § 45; S.L. 1889, ch. 42, § 4; 1889, ch. 49, § 1; R.C. 1895, §§ 1925, 2046; S.L. 1899, ch. 59, § 2; R.C. 1899, §§ 1925, 2046; S.L. 1905, ch. 72, § 1; R.C. 1905, §§ 2421, 2566; C.L. 1913, §§ 3296, 3460; S.L. 1921, ch. 49, § 1; 1923, ch. 190, § 1; 1925 Supp., § 3296; R.C. 1943, § 11-1127; 2015, ch. 90, § 2, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 90, S.L. 2015 became effective August 1, 2015.

Cross-References.

Preference to North Dakota bidders and sellers, see N.D.C.C. § 44-08-01.

11-11-28. Bid must be accompanied by a bond — When certified or cashier’s check allowed.

A bid shall be accompanied by a separate envelope containing a bidder’s bond in a sum equal to five percent of the full amount of the bid, executed by the bidder as principal and by a surety company authorized to do business in this state as a guarantee that the bidder will enter into the contract if it is awarded to the bidder and that the bidder will furnish the necessary bond. When the bid is ten thousand dollars or less, the bidder may in lieu of such bond accompany the bid with a separate envelope containing a certified or cashier’s check equal to five percent of the full amount of the bid made payable to the board with authority and direction to the board that if the bidder is successful in obtaining the award and fails to enter into the contract, the board may endorse, deposit, and receive the face amount of the certified or cashier’s check as liquidated damages.

Source: Pol. C. 1877, ch. 21, § 45; S.L. 1889, ch. 49, § 1; R.C. 1895, § 1925; S.L. 1899, ch. 59, § 2; R.C. 1899, § 1925; S.L. 1905, ch. 72, § 1; R.C. 1905, § 2421; C.L. 1913, § 3296; S.L. 1921, ch. 49, § 1; 1923, ch. 190, § 1; 1925 Supp., § 3296; R.C. 1943, § 11-1128; S.L. 1961, ch. 124, § 1; 1971, ch. 124, § 1; 1975, ch. 93, § 1; 1979, ch. 91, § 2; 1981, ch. 142, § 1.

11-11-29. Contract — Form — Contents — Majority vote necessary — When payment made.

A contract shall be entered into under the provisions of this chapter only after it has been approved by the vote of a majority of the members of the board of county commissioners. The contract shall be made in writing and may be signed on behalf of the board by the chairman thereof and the county seal affixed thereto. The contract shall provide that not more than seventy percent of the contract price shall be paid until the contract is executed and completed to the satisfaction and acceptance of the board of county commissioners, its architect, or authorized superintendent. Payment to the extent of seventy percent of the contract price may be made from time to time during the process of construction or as supplies are furnished, and may be divided into such installments as the board may agree upon.

Source: S.L. 1889, ch. 49, § 1; R.C. 1895, § 1925; S.L. 1899, ch. 59, § 2; R.C. 1899, § 1925; S.L. 1905, ch. 72, § 1; R.C. 1905, § 2421; C.L. 1913, § 3296; S.L. 1921, ch. 49, § 1; 1923, ch. 190, § 1; 1925 Supp., § 3296; R.C. 1943, § 11-1129.

11-11-30. When contracts for furnishing election supplies let.

Contracts for the furnishing of election ballots and supplies shall be let by the board of county commissioners at its first regular meeting in April of each year to run for a period of one year.

Source: S.L. 1889, ch. 49, § 1; R.C. 1895, § 1925; S.L. 1899, ch. 59, § 2; R.C. 1899, § 1925; S.L. 1905, ch. 72, § 1; R.C. 1905, § 2421; C.L. 1913, § 3296; S.L. 1921, ch. 49, § 1; 1923, ch. 190, § 1; 1925 Supp., § 3296; R.C. 1943, § 11-1130.

11-11-31. Construction of public buildings — Bond of contractor. [Repealed]

Repealed by S.L. 1995, ch. 443, § 29.

11-11-32. Commissioners may employ architect — Compensation. [Repealed]

Repealed by S.L. 1979, ch. 163, § 1.

11-11-33. Special funds may be transferred.

Whenever there remains in the treasury of a county an unexpended balance of a special fund and all claims against the fund have been paid, and the purpose for which it was created has been subserved fully, and there remains no further use for the balance for the purpose for which the fund was created, the board of county commissioners may transfer the balance to any other fund of the county or to the subdivision to which the balance belongs.

Source: S.L. 1887, ch. 144, § 1; R.C. 1895, § 1918; R.C. 1899, § 1918; R.C. 1905, § 2413; C.L. 1913, § 3288; R.C. 1943, § 11-1133.

11-11-34. Auditing building accounts of board of county commissioners.

The county auditor, county treasurer, and some qualified elector and freeholder of the county appointed by the board of county commissioners from outside of its own number shall act as a board of auditors to audit accounts of the board of county commissioners in connection with the erection of county buildings. The members of such board of auditors shall receive for their services the sum of three dollars each for every day actually and necessarily employed in such capacity, to be paid upon the warrant of such board of county commissioners.

Source: S.L. 1889, ch. 42, § 5; R.C. 1895, § 2047; R.C. 1899, § 2047; R.C. 1905, § 2567; C.L. 1913, § 3461; R.C. 1943, § 11-1134.

11-11-35. Board to keep records of proceedings.

The board of county commissioners shall keep a book in which all orders and decisions made by it shall be recorded. Such book shall be known as “a record of the proceedings of the board of county commissioners”. All orders and vouchers for the allowance and payment of moneys from the county treasury shall state on what account and to whom the allowance is made. The same shall be dated and numbered with the number of the warrant issued in payment thereof. Approval of orders and vouchers shall be recorded in the record of the proceedings and this shall be sufficient to indicate approval without requiring a majority of the board to sign or initial the orders and vouchers.

Source: Pol. C. 1877, ch. 21, §§ 25 to 27; R.C. 1895, § 1903; R.C. 1899, § 1903; R.C. 1905, § 2397; C.L. 1913, § 3271; S.L. 1943, ch. 112, § 1, subs. a; R.C. 1943, § 11-1135; S.L. 1975, ch. 366, § 1.

11-11-36. Order of business.

The board of county commissioners shall conduct the business of its meetings under the following order of business:

1. Meeting called to order by chairman of the board.
2. Roll call of members.
3. Reading of minutes of previous meeting, corrections to be made, if any, and approval.
4. Signing of minutes of previous meeting by the chairman of the board and attesting of the same by the county auditor.
5. Auditing and disposition of claims against the county either by approval or rejection.
6. Such other business as may properly come before the board.

Source: S.L. 1943, ch. 112, § 1, subs. b; R.C. 1943, § 11-1136.

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

The board of county commissioners shall supply to the official newspaper of the county a full and complete report of its official proceedings at each regular and special meeting no later than seven days after the meeting at which the report is read and approved. The publisher of the official newspaper shall publish the report in the issue of the paper next succeeding the time of its reception and shall file with the county auditor an affidavit of publication executed in the proper form.

Source: Pol. C. 1877, ch. 21, §§ 54, 56; S.L. 1887, ch. 51, § 2; R.C. 1895, §§ 1936, 1938; R.C. 1899, §§ 1936, 1938; R.C. 1905, §§ 2432, 2434; S.L. 1911, ch. 232, § 1; C.L. 1913, §§ 3308, 3311; S.L. 1919, ch. 187, § 5; I.M. Nov. 2, 1920, § 1, S.L. 1921, p. 256, § 1; 1925 Supp., § 3176a5; R.C. 1943, § 11-1137; S.L. 1971, ch. 125, § 1; 1987, ch. 146, § 1.

Cross-References.

Fees for publication required by board of county commissioners, see N.D.C.C. § 46-05-03.

11-11-38. Proceedings of county commissioners — Copies received as evidence.

Copies of the proceedings of the board of county commissioners, duly certified and attested by the county auditor under seal, shall be received as evidence in all courts of this state.

Source: Pol. C. 1877, ch. 21, § 22; R.C. 1895, § 1901; R.C. 1899, § 1901; R.C. 1905, § 2395; C.L. 1913, § 3269; R.C. 1943, § 11-1138.

11-11-39. Appeal from decision of board by aggrieved person — Bond — Costs and fees payable.

An appeal may be taken to the district court from any decision of the board of county commissioners by any aggrieved person. The appellant shall file an undertaking in such reasonable sum and with such sureties as may be approved by the county auditor, conditioned that the appellant will prosecute the appeal without delay and will pay all costs adjudged against the appellant in the district court. The undertaking shall be payable to the county. The district court may at its discretion award costs and reasonable attorney’s fees to appellants when three or more aggrieved persons have joined in an appeal from a decision of the board of county commissioners and the court rules in favor of the appellants.

Source: Pol. C. 1877, ch. 21, § 46; S.L. 1883, ch. 5, § 1; R.C. 1895, § 1927; R.C. 1899, § 1927; R.C. 1905, § 2423; C.L. 1913, § 3298; R.C. 1943, § 11-1139; S.L. 1977, ch. 94, § 1.

11-11-40. Appeal from decision of board by county by state’s attorney on demand. [Repealed]

Repealed by S.L. 1975, ch. 94, § 1.

11-11-41. Notice.

If the decision from which an appeal is taken relates to tax refunds, tax abatements, or other matters relating to taxation, in addition to the notice of appeal required by section 28-34-01, a notice of appeal also must be served by registered mail upon the state tax commissioner.

Source: Pol C. 1877, ch. 21, § 47; R.C. 1895, § 1928; R.C. 1899, § 1928; R.C. 1905, § 2424; C.L. 1913, § 3299; S.L. 1931, ch. 116, § 1; R.C. 1943, § 11-1141; S.L. 1989, ch. 83, § 4.

11-11-42. When appeal filed — When tried.

An appeal from a decision of a board of county commissioners shall be filed on or before the first day of the term of the district court following the taking of the appeal, and the cause shall stand for trial at such term.

Source: Pol. C. 1877, ch. 21, § 47; R.C. 1895, § 1929; R.C. 1899, § 1929; R.C. 1905, § 2425; C.L. 1913, § 3300; R.C. 1943, § 11-1142.

11-11-43. Appeals docketed — Procedure.

All appeals taken from decisions of a board of county commissioners must be docketed as other causes pending in the district court. Section 28-34-01 governs all appeals taken under sections 11-11-39 through 11-11-43.

Source: Pol. C. 1877, ch. 21, § 49; R.C. 1895, § 1930; R.C. 1899, § 1930; R.C. 1905, § 2426; C.L. 1913, § 3301; R.C. 1943, § 11-1143; S.L. 1989, ch. 83, § 5.

Note.

This section, prior to its amendment in 1989, provided for a de novo review standard. The cases annotated below should be read in light of this change.

11-11-44. District court may enter final judgment on appeal — Enforcement.

The district court may enter a final judgment on an appeal from a decision of a board of county commissioners and cause the judgment to be executed, or it may send the judgment to the board with an order showing how to proceed. The court may require the board to comply with its order by mandamus or by attachment for contempt.

Source: Pol. C. 1877, ch. 21, § 50; R.C. 1895, § 1931; R.C. 1899, § 1931; R.C. 1905, § 2427; C.L. 1913, § 3302; R.C. 1943, § 11-1144.

11-11-45. Judgments against counties — Power of board of county commissioners. [Repealed]

Source: Pol. C. 1877, ch. 21, § 14; S.L. 1881, ch. 54, § 1; R.C. 1895, § 1889; R.C. 1899, § 1889; R.C. 1905, § 2378; C.L. 1913, § 3251; R.C. 1943, § 11-1145; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

11-11-46. Payment of judgment obtained by state or an agency thereof against county — Duty of county commissioners and auditor. [Repealed]

Source: S.L. 1941, ch. 133, § 1; R.C. 1943, § 11-1146; S.L. 1983, ch. 606, § 13; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

11-11-47. Tax is paid into judgment payment fund. [Repealed]

Source: S.L. 1941, ch. 133, § 1; R.C. 1943, § 11-1147; 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-48. Property in county not subject to seizure for judgment.

The property of a county and of persons owning property situated or liable to taxation therein shall not be subject to the lien of a judgment against the county nor to seizure or sale upon execution or other process of any court issued in connection with any such judgment.

Source: Pol. C. 1877, ch. 21, § 14; S.L. 1881, ch. 54, § 1; R.C. 1895, § 1889; R.C. 1899, § 1889; R.C. 1905, § 2378; C.L. 1913, § 3251; S.L. 1941, ch. 133, § 1; R.C. 1943, § 11-1148.

11-11-49. Board may offer reward.

The board of county commissioners may offer a reward for the apprehension and conviction of each individual violating any of the provisions of chapters 12.1-21 and 12.1-23.

Source: S.L. 1899, ch. 61, § 1; R.C. 1899, § 7592a; R.C. 1905, § 9352; C.L. 1913, § 10087; R.C. 1943, § 11-1149; S.L. 1961, ch. 125, § 1; 1981, ch. 91, § 5; 2003, ch. 90, § 1.

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

The board of county commissioners shall equip and maintain an adequate room in the courthouse or county office building for the priority preference use of former members of the armed services of the United States if the county seat has a population of over ten thousand inhabitants and a memorial building has not been erected in such municipality.

Source: S.L. 1935, ch. 116, § 1; R.C. 1943, § 11-1150; 2015, ch. 91, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 91, S.L. 2015 became effective August 1, 2015.

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

The signers of any petition presented to the board of county commissioners praying for the expenditure of county funds shall be qualified electors of the district affected by the petition.

Source: S.L. 1915, ch. 271, § 1; 1921, ch. 50, § 2; 1925 Supp., § 3295a; R.C. 1943, § 11-1151; S.L. 1985, ch. 235, § 18.

11-11-52. Board may provide room for historical society.

The board of county commissioners of any county, or the governing body of any municipal corporation, or the board of any public library in the state is hereby authorized and empowered to furnish a room or rooms in the county courthouse, in a municipal building, or in a public library building, as the case may be, for the use of the historical society of such county, and to furnish light and heat therefor.

Source: S.L. 1957, ch. 344, § 1; R.C. 1943, 1957 Supp., § 11-1152.

11-11-53. Appropriation for historical works — Authorization of tax levy — Approval of state historical society and attorney general.

1. The board of county commissioners of any county may appropriate out of the general fund of the county a sum, not exceeding five thousand dollars annually, to be paid to the historical society of the county and used for the promotion of historical work within the borders of the county, including the collection, preservation, and publication of historical material, and to disseminate historical information of the county, and in general to defray the expense of carrying on historical work in the county.
2. The board of county commissioners may levy a tax, not exceeding the limitation in subsection 3 of section 57-15-06.7, for the promotion of historical works within the borders of the county and in general defray the expense of carrying on historical work in the county, including the maintenance of any historical room or building, and furthering the work of the historical society of the county. The levy is in addition to any moneys appropriated from the general fund of the county for historical work as provided in subsection 1. The board of county commissioners may, by resolution, submit the question of a voter-approved tax levy to the qualified electors of the county at the next countywide general, primary, or special election. If sixty percent of the qualified electors voting on the question approve, a tax may be levied not exceeding the limitation in subsection 3 of section 57-15-06.7, which tax may be expended as provided in this section. Voter-approved levy authority under this section authorized by electors of a county before January 1, 2015, remains in effect through taxable year 2024 or for the time period authorized by the electors, whichever expires first. After January 1, 2015, approval or reauthorization by electors of voter-approved levy authority under this section may not be effective for more than ten taxable years.
3. The appropriation and levy authorized by this section may not be used to defray any expenses of a county historical society until it is incorporated under the laws of this state as a nonprofit corporation, is affiliated with and has its articles of incorporation and bylaws approved by the state historical society and the attorney general, and has contracted with the board of county commissioners in regard to the manner in which the funds received will be expended and the services to be provided. Historical societies that qualified for county funds under subsection 1 before July 1, 1965, are not required to have articles of incorporation and bylaws approved by the attorney general to receive funds under subsection 1.

Source: S.L. 1957, ch. 344, § 2; R.C. 1943, 1957 Supp., § 11-1153; S.L. 1965, ch. 101, § 1; 1969, ch. 131, § 1; 1975, ch. 95, § 1; 1983, ch. 606, § 14; 2001, ch. 503, § 2; 2015, ch. 88, § 9; 2015, ch. 439 § 13, eff for taxable years beginning after December 31, 2014.

Effective Date.

The 2015 amendment of this section by section 9 of chapter 88, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

The 2015 amendment of this section by section 13 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

Note.

Section 11-11-53 was amended 2 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 13 of Chapter 439, Session Laws 2015, House Bill 2144, and Section 9 of Chapter 88 Session Laws 2015, Senate Bill 2056.

11-11-53.1. Donation of historical artifacts.

Any historical object or artifact given, donated, or otherwise acquired by a county historical society, upon acceptance by the state historical society, may revert to the state historical society if such local society should cease to function, exist, or no longer operate, unless the donor of such object or artifact should attach other conditions to the gift or artifact. If the county historical society should terminate its operations or should find that it no longer needs a historical object or an artifact, such society may give or trade such object or artifact to any other county historical society.

Source: S.L. 1965, ch. 101, § 2; 2021, ch. 89, § 1, effective August 1, 2021.

11-11-54. Nonprofit fair corporations — Receipt of real or personal property for fair purposes.

The board of county commissioners of any county in this state which has received a gift real or personal property to be used for fair purposes is hereby authorized to transfer such property, or if the property is sold by the board of county commissioners, then to transfer the proceeds therefrom, to any nonprofit corporation in such county organized for the purpose of conducting an annual county fair. The nonprofit fair corporation upon receipt of such real or personal property shall agree to sponsor and conduct in the county an annual county fair for such number of years as may be agreed upon by the corporation and board of county commissioners.

Source: S.L. 1959, ch. 119, § 1.

11-11-55. County may agree to make improvements on private roads — Costs of improvements to constitute lien on real estate.

The board of county commissioners shall have the power to enter into agreements with private landowners for the purpose of making improvements on private roads. The board shall charge the landowner for the improvements made pursuant to such agreement, and such charges shall constitute a lien upon the real estate of the landowner in the same manner as personal property taxes are made a lien upon real estate as provided in chapter 57-22.

Source: S.L. 1969, ch. 132, § 1.

11-11-55.1. Petition or resolution for improvements — Levy of special assessments — Levy of infrastructure fee.

1. The board of county commissioners of any county, by resolution or upon receipt of a petition of sixty percent of the landowners in a defined area, outside of the limits of any incorporated city, may install the petitioned improvements as benefit the defined area, provide for the financing of the improvements, and levy special assessments for the payment of all or part of the improvements within the defined area.
2. The board of county commissioners, by resolution or upon petition of sixty percent of the qualified electors who voted in the last general election in a defined area, may levy and collect an infrastructure fee in lieu of general special assessments on all residential and commercial county utility bills for payment of infrastructure maintenance costs. If a home rule county levies an infrastructure fee, the home rule county also may levy and collect green field special assessments.
3. In providing for the improvements, the county shall have the authority granted to municipalities in chapters 40-22, 40-23, 40-23.1, 40-24, 40-25, 40-26, 40-27, and 40-28, and the county shall comply with the provisions of those chapters in making the improvements. Whenever action is required of city officials in those chapters, the comparable county officials shall take the action.
4. As used in this section:
   1. “General special assessments” means special assessments levied for the purpose of maintaining existing roads and infrastructure and special assessments levied for the construction or repair of arterial roads and infrastructure that provide a benefit to the entire community.
   2. “Green field special assessments” means special assessments levied for infrastructure costs associated with the development of agricultural or undeveloped property.

Source: S.L. 1983, ch. 149, § 1; 1987, ch. 147, § 1; 2001, ch. 118, § 1; 2021, ch. 303, § 2, effective July 1, 2021.

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

Any county may engage in comprehensive health planning and may appropriate funds to an areawide comprehensive health planning organization organized and approved under provisions of the state plan for comprehensive health planning, whether such organization be a public agency or private corporation.

Source: S.L. 1971, ch. 126, § 1.

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

Boards of county commissioners may perform, within their respective counties, predatory animal, destructive bird, and injurious rodent control as defined in section 4-01-17.1, and may enter into cooperative agreements with the agriculture commissioner and the United States department of agriculture for this purpose.

Source: S.L. 1973, ch. 202, § 4; 1993, ch. 45, § 1.

11-11-57.1. Funds available for predatory control.

In order to perform bird and animal control, boards of county commissioners are authorized to make necessary expenditures from county special funds available for this purpose or from the county general or contingent funds.

Source: S.L. 1973, ch. 202, § 5.

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

The board of county commissioners is authorized to establish or maintain programs and activities for senior citizens, including the expansion of existing senior citizen centers which will provide recreational and other leisure-time activities, informational, health, welfare, counseling, and referral services for senior citizens, and assist such persons in providing volunteer community or civic services. The board is authorized to expend funds received from state, federal, or private sources for the public purposes provided for in this section. No expenditure authorized by this section shall be made to defray any expenses or any organization or agency until such organization or agency is incorporated under the laws of this state as a nonprofit corporation and has contracted with the board in regard to the manner in which such funds will be expended and the services to be provided. An organization or agency and its program which receives such funds shall be reviewed or approved annually by the board to determine its eligibility to receive funds under the provisions of this section.

Source: S.L. 1975, ch. 96, § 1.

11-11-59. Creation of booster station by election. [Repealed]

Source: S.L. 1979, ch. 164, § 1; 1985, ch. 235, § 19; Repealed by 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-60. Booster station tax levy authorized. [Repealed]

Source: S.L. 1979, ch. 164, § 2; 1983, ch. 606, § 15; Repealed by 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-61. Booster station levy exemptions — Townships not served. [Repealed]

Source: S.L. 1979, ch. 164, § 3; Repealed by 2015, ch. 439 § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-62. County restriction of adult establishments — Definitions.

1. As used in this section, unless the context otherwise requires:
   1. “Adult bookstore” means a bookstore having as a preponderance of its publications, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined in this subsection.
   2. “Adult establishment” means either an adult bookstore, an adult motion picture theater, an adult mini-motion picture theater, or a massage business, all as defined in this subsection.
   3. “Adult mini-motion picture theater” means an enclosed building with a capacity for less than fifty persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined in this subsection, for observation by patrons of the theater.
   4. “Adult motion picture theater” means an enclosed building with a capacity of fifty or more persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined in this subsection, for observation by patrons of the theater.
   5. “Massage” means the manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device.
   6. “Massage business” means any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios, or massage parlors.
   7. “Sexually oriented devices” means without limitation any artificial or simulated specified anatomical area or any other device or paraphernalia that is designed in whole or in part for specified sexual activities.
   8. “Specified anatomical areas” means:
      1. Less than completely and opaquely covered human genitals and pubic regions, buttocks, or female breasts below a point immediately above the top of the areola.
      2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   9. “Specified sexual activities” means:
      1. Human genitals in a state of sexual stimulation or arousal;
      2. Acts of human masturbation, sexual intercourse, or sodomy; or
      3. Fondling or other erotic touchings of human genitals and pubic regions, buttocks, or female breasts.
2. The board of county commissioners of any county may, upon proper resolution, provide that:
   1. No building, premises, structure, or other facility that contains any adult establishment, as defined in subsection 1, shall contain any other kind of adult establishment.
   2. No building, premises, structure, or other facility in which sexually oriented devices, as defined in subsection 1, are sold, distributed, exhibited, or contained shall contain any adult establishment, as defined in subsection 1.

Source: S.L. 1981, ch. 143, §§ 1, 2.

Collateral References.

Modern concept of obscenity, 5 A.L.R.3d 1158.

Validity and construction of statute or ordinances forbidding treatment in health clubs or massage salons by persons of the opposite sex, 51 A.L.R.3d 936.

What constitutes “public place” within meaning of statutes prohibiting commission of sexual act in public place, 96 A.L.R.3d 692.

Validity of ordinances restricting location of “adult entertainment” or sex-oriented businesses, 10 A.L.R.5th 538.

11-11-63. Spouse abuse programs — Expenditure of funds.

The board of county commissioners may establish or maintain spouse abuse programs. For the purposes of this section, a spouse abuse program is a program that provides emergency housing for victims of domestic violence and their dependents, plus some or all of these additional services: counseling, advocacy, community education on domestic violence, support groups, twenty-four-hour crisis lines, or referral to other sources for services not provided by the spouse abuse program. The board of county commissioners may expend funds received from governmental or nongovernmental sources for the purpose of providing spouse abuse programs and providing grants to private organizations or agencies who provide such programs. No expenditure authorized by this section may be made to defray any expense of an organization or agency until the organization or agency is incorporated under the laws of this state as a nonprofit corporation and has contracted with the board in regard to the manner in which such funds will be expended and the services will be provided. An organization or agency and its program which receives these funds must be reviewed for approval annually by the board of county commissioners to determine its continued eligibility to receive funds under this section.

Source: S.L. 1985, ch. 160, § 1.

11-11-64. Bond guarantee fund — Purpose — Limitations.

The board of county commissioners of any county having a population of not more than two thousand may establish a bond guarantee fund as provided in this section. The bond guarantee fund may be used to guarantee the indebtedness of nonprofit corporations organized for the purpose of constructing and operating nursing homes and related health care facilities located in this state. The nursing home or related health care facilities need not be located within the boundaries of the county establishing the bond guarantee fund. The board of county commissioners shall establish the terms and conditions of any agreements entered under this section. The funds used to guarantee a project under this section must be deposited in a federally insured account in such amounts as are determined necessary to guarantee the indebtedness of the nonprofit corporation incurred for the purposes authorized under this section. Nothing in this section is to be construed as creating an indebtedness of the county or the state or as incurring any liability on the county or the state, except the liability payable solely from the assets of the bond guarantee fund.

Source: S.L. 1987, ch. 148, § 1.

11-11-65. Programs and activities for handicapped persons — Expenditure of funds.

The board of county commissioners may establish or maintain programs and activities for handicapped persons, including recreational and other leisure-time activities and informational, health, welfare, transportation, counseling, and referral services. The board may expend funds received from state, federal, or private sources or provide funding from revenues derived from its general fund levy authority for the public purposes provided for in this section. No expenditure may be made to defray any expenses of any organization or agency until the organization or agency is incorporated under the laws of this state as a nonprofit corporation and has contracted with the board in regard to the manner in which the funds will be expended and the services will be provided. An organization or agency that receives the funds must be reviewed or approved annually by the board to determine its eligibility to receive funds under this section.

Source: S.L. 1987, ch. 149, § 1; 2015, ch. 439 § 14, eff for taxable years beginning after December 31, 2014.

Effective Date.

The 2015 amendment of this section by section 14 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11-66. Board may establish centennial coordinating committee. [Repealed]

Repealed by omission from this code.

11-11-67. Programs and activities of nonprofit organizations that assist the arts — Expenditure of funds.

The board of county commissioners may establish or maintain programs and activities for the benefit of nonprofit organizations that assist the arts, including the expansion of existing programs. A board of county commissioners may expend funds received from county, state, federal, or private sources for the public purposes provided for in this section. A board of county commissioners may not make an expenditure under this section to defray expenses or to assist an organization unless that organization is incorporated as a nonprofit corporation and has contracted with the board of county commissioners with respect to the manner in which the funds will be expended and services provided. The board of county commissioners shall review annually an organization that receives funds under this section to determine the organization’s eligibility to receive public funds. As used in this section, “nonprofit organizations that assist the arts” means organizations recognized by the council on the arts.

Source: S.L. 2003, ch. 91, § 1.

11-11-68. Limitation on authority — Seed.

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

Source: S.L. 2011, ch. 69, § 6.

Effective Date.

This section became effective July 1, 2011.

11-11.1-01. Job development authority — Board of directors’ members qualifications.

1. The board of county commissioners, by resolution, may create a job development authority for the county, or may discontinue a job development authority which has been created for the county.
   1. If the authority is created, the question of discontinuing the authority may be placed on the ballot at the next regular election by petition filed with the county auditor at least ninety days before any countywide election and signed by electors of the county who are residents of the area subject to taxation under section 11-11.1-04 equal in number to ten percent of the votes cast in the county in the area subject to taxation under section 11-11.1-04 for the office of governor in the last general election.
   2. The question to be voted on at the election must be submitted by ballot in substantially the following form:
   3. Only electors of the county who are residents of the area subject to taxation under section 11-11.1-04 may vote on the question to discontinue the authority. The question to discontinue the authority requires a majority of the electors voting on the question for passage.
2. If the authority is created, a board of directors of not fewer than ten nor more than twenty members must be appointed by the county commissioners and must consist of representatives from the following groups, as they may exist:
   1. Two members from the county commission.
   2. One member from the city council or commission of each city within the county which has a population of five hundred or more.
   3. One member selected from among the city governments of the remaining cities of the county.
   4. If a majority of the townships in the county are organized townships, two members selected from the township governments of the organized townships in the county.
   5. The remaining members must be selected from a list of candidates from the following fields:
      1. A representative of the local job service office nearest the county seat.
      2. A member of the local airport authority.
      3. A member of a local institution of higher education.
      4. A member from among the school boards of the county.
      5. A member from a local industrial development organization.
      6. A member of the regional planning council serving the county.
      7. A member of the legislative assembly representing a district within the county.
      8. Members at large from the county.
3. The county commissioners shall make appointments to the board from a slate of candidates submitted by the chambers of commerce within the county. If no chamber of commerce exists in the county, the nominations may be submitted by any civic or patriotic organization within the county. If names submitted are unacceptable, the county commission may request additional nominees. The members must be appointed without regard to political affiliation and upon their fitness to serve as members by reason of character, experience, and training. All members of the board who do not reside in the area subject to taxation under section 11-11.1-04 are nonvoting members of the board.
4. The board of county commissioners in a county where an active industrial development organization exists may enter a contract with the industrial development organization for performance of the functions of a job development authority or joint job development authority as provided in this chapter and may use the proceeds of the levy authority under section 11-11.1-04 for that purpose.

Should the (insert name of job development authority)Yes ⎭ be terminated?No ⎭

Click to view

Source: S.L. 1985, ch. 161, § 1; 1991, ch. 108, § 1; 1993, ch. 97, § 1; 1999, ch. 103, § 1; 2015, ch. 439, § 15, effective January 1, 2015; 2015, ch. 439, § 15, eff for taxable years beginning after December 31, 2014.

Effective Date.

The 2015 amendment of this section by section 15 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11.1-01.1. Joint job development authority — Board of directors.

The boards of county commissioners of two or more counties, by resolution, may create a joint job development authority for the counties. If the authority is created, boards of county commissioners shall appoint a board of directors in the size and manner established in the resolution. The resolution must include provision for discontinuing the authority by the boards of county commissioners. If the authority is created, the question of discontinuing the authority may be placed on the ballot at the next regular election by petition signed by electors, who are residents of the area subject to taxation under section 11-11.1-04, of any county creating the authority equal in number to ten percent of the votes cast in that county for the office of governor in the last general election. The question to discontinue the authority requires a majority of the electors voting on the question in that county for passage. Only electors of the county who are residents of the area subject to taxation under section 11-11.1-04 may vote on the question to discontinue the authority. If the question to discontinue in any county creating the authority is passed, the authority is discontinued.

Source: S.L. 1993, ch. 98, § 1.

11-11.1-02. Members of the job development authority board of directors — Term of office — Oath — Expenses.

The members of the job development authority board of directors and the joint job development authority board of directors shall serve for a term of three years or until their successors are duly qualified. Terms of office begin on January first and must be arranged so that the terms of office of approximately one-third of the members expire on December thirty-first of each year. Each member of the board shall qualify by taking the oath provided for civil officers. The oath must be filed with the county auditor.

The board of directors shall annually elect members to serve as chairman, vice chairman, secretary, and treasurer. The board shall also select an executive committee with such powers and duties as may be delegated by the board. The appointing authority shall establish the rate of compensation for the board members and actual expenses incurred by the members may be reimbursed at the official reimbursement rates of the appointing authority.

Source: S.L. 1985, ch. 161, § 2; 1993, ch. 98, § 2; 2013, ch. 93, § 4.

Effective Date.

The 2013 amendment of this section by section 4 of chapter 93, S.L. 2013 became effective August 1, 2013.

11-11.1-03. Powers and duties of job development authorities.

The job development authority or joint job development authority shall use its financial and other resources to encourage and assist in the development of employment and promotion of tourism within the county or counties. In fulfilling this objective, the authority may exercise the following powers:

1. To sue and be sued.
2. To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority.
3. To hire professional personnel skilled in seeking and promoting new or expanded opportunities within the county or counties.
4. To make, amend, and repeal resolutions consistent with the provisions of this chapter as necessary to carry into effect the powers and purposes of the authority.
5. To acquire by gift, trade, or purchase, and to hold, improve, and dispose of property.
6. To certify a tax levy as provided in section 11-11.1-04 and to expend moneys raised by the tax for the purposes provided in this chapter. A job development authority may accept and expend moneys from any other source.
7. To insure or provide for insurance of any property in which the authority has an insurable interest.
8. To invest any funds held by the authority.
9. To cooperate with political subdivisions in exercising any of the powers granted by this section, including enabling agreements permitted under chapter 54-40.
10. To loan, grant, or convey any funds or other property held by the authority for any purpose necessary or convenient to carry into effect the objective of the authority established by this chapter.
11. To use existing uncommitted funds held by the authority to guarantee loans or make other financial commitments to enhance economic development.
12. To take equity positions in, provide loans to, or use other innovative financing mechanisms to provide capital for new or expanding businesses in this state or for businesses relocating to this state.
13. To exercise any other powers necessary to carry out the purposes and provisions of this chapter.

Source: S.L. 1985, ch. 161, § 3; 1987, ch. 152, § 1; 1991, ch. 108, § 2; 1993, ch. 42, § 13; 1993, ch. 98, § 3; 1993, ch. 99, § 1; 2003, ch. 92, § 1; 2007, ch. 105, § 1.

11-11.1-04. Tax levy for job development authorities — Financial report.

The board of county commissioners of a county which has a job development authority or joint job development authority shall establish a job development authority fund and may levy a tax not exceeding the limitations in subsection 14 of section 57-15-06.7. In the year for which the levy is sought, a job development authority or joint job development authority seeking approval of a property tax levy under this chapter must file with the county auditor, at a time and in a format prescribed by the county auditor, a financial report for the preceding calendar year showing the ending balances of each fund held by the job development authority or joint job development authority during that year. The county treasurer shall keep the job development authority fund separate from other money of the county. The county treasurer shall transmit all funds received pursuant to this section within thirty days to the board of directors of the authority. The funds when paid to the authority must be deposited in a special account, or special accounts if the authority chooses to maintain a separate account for promotion of tourism, in which other revenues of the authority are deposited. Moneys received by the job development authority from any other source must also be deposited in the special accounts. The moneys in the special accounts may be expended by the authority as provided in sections 11-11.1-02 and 11-11.1-03.

Source: S.L. 1985, ch. 161, § 4; 1993, ch. 98, § 4; 1993, ch. 99, § 2; 2003, ch. 92, § 2; 2015, ch. 439, § 16; repealed by 2015, ch. 88, § 10, effective January 1, 2016; 2016, ch. 92, § 15, eff for taxable years beginning after December 31, 2014.

Effective Date.

The 2015 amendment of this section by section 10 of chapter 88, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

The 2015 amendment of this section by section 5 of chapter 92, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

The 2015 amendment of this section by section 16 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

Note.

Section 11-11.1-04 was amended 3 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 4 of Chapter 92, Session Laws 2015, Senate Bill 2217; Section 10 of Chapter 88, Session Laws 2015, Senate Bill 2056; and Section 16 of Scapter 439, Session Laws 2015, Senate Bill 2144.

11-11.1-05. Organization of authorities — Temporary mill levy. [Repealed]

Source: S.L. 1985, ch. 161, § 5; repealed by 2015, ch. 62, § 18, effective August 1, 2015.

11-11.1-06. Alternative levy for industrial development organizations. [Repealed]

Source: S.L. 1985, ch. 161, § 6; 1993, ch. 98, § 5; 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-11.1-07. Dedication of tax revenues.

The governing body of a county may dedicate any portion of revenues from the tax authorized under this chapter or moneys received from any other source to payment of any loan entered or grant awarded for any purpose necessary or convenient to carry into effect the objective of the authority established by this chapter.

Source: S.L. 1991, ch. 108, § 3; 1993, ch. 99, § 3.

11-12-01. Petition to change number of county commissioners — Election on question.

If at least twenty percent of the qualified electors of a county, as determined by the number of votes cast for the office of governor at the preceding general election, shall petition the board of county commissioners for:

1. The increase of the number of county commissioners from three to five if the county, at the time of the filing of the petition, has three commissioners; or
2. The decrease of the number of county commissioners from five to three if the county, at the time of the filing of the petition, has five commissioners,

the board of county commissioners shall submit the question presented by the petition to the qualified electors of the county at a special election to be held in connection with the next statewide primary or general election, whichever is specified in the petition.

Source: S.L. 1890, ch. 48, § 1; R.C. 1895, § 1892; S.L. 1897, ch. 45, § 1; R.C. 1899, § 1892; R.C. 1905, § 2386; S.L. 1913, ch. 120, § 1; C.L. 1913, § 3260; R.C. 1943, § 11-1201; S.L. 1985, ch. 235, § 20.

11-12-02. Notice of election — How given.

Notice of an election on the question of increasing or decreasing the number of county commissioners shall be given in the notice of election prescribed by section 16.1-13-05.

Source: S.L. 1890, ch. 48, § 1; R.C. 1895, § 1892; S.L. 1897, ch. 45, § 1; R.C. 1899, § 1892; R.C. 1905, § 2386; S.L. 1913, ch. 120, § 1; C.L. 1913, § 3260; R.C. 1943, § 11-1202; S.L. 1983, ch. 82, § 11.

11-12-03. Ballot — Form.

If the petition asks for an increase in the number of county commissioners, the ballot shall be in substantially the following form:

Shall County (name the county) increase the number of its county commissioners to five?Yes ⎭ No ⎭

Click to view

If the petition asks for a reduction in the number of county commissioners, the ballot shall be in substantially the following form:

Shall County (name the county) decrease the number of its county commissioners to three?Yes ⎭ No ⎭

Click to view

Source: S.L. 1890, ch. 48, § 1; R.C. 1895, § 1892; S.L. 1897, ch. 45, § 1; R.C. 1899, § 1892; R.C. 1905, § 2386; S.L. 1913, ch. 120, § 1; C.L. 1913, § 3260; R.C. 1943, § 11-1203.

11-12-04. Increase in number of commissioners authorized — New districts formed.

When the returns of an election to pass on the question of increasing the number of county commissioners in a county show that a majority of the votes cast on the question favored such increase, the board of county commissioners, within ten days after the votes have been canvassed, shall divide the county into five commissioners’ districts. Such districts shall be numbered from one to five.

Source: S.L. 1890, ch. 48, § 2; R.C. 1895, § 1893; R.C. 1899, § 1893; S.L. 1901, ch. 52, § 2; R.C. 1905, § 2387; C.L. 1913, § 3261; R.C. 1943, § 11-1204.

11-12-05. Commissioners for new districts appointed.

The members of the board of county commissioners and the county auditor shall meet immediately after the county has been redistricted and shall appoint one commissioner for each of the new districts. The commissioners hold office until their successors are elected and qualified.

Source: R.C. 1943, § 11-1205; S.L. 1991, ch. 326, § 17; 2013, ch. 92, § 4.

Effective Date.

The 2013 amendment of this section by section 4 of chapter 92, S.L. 2013 became effective August 1, 2013.

11-12-06. Commissioners for new districts — When elected — Terms of office.

At the first general election following the division of the county into five commissioners’ districts, commissioners for the new districts shall be elected. The commissioner for the fourth district shall be elected for a term of two years, and the commissioner for the fifth district shall be elected for a term of four years. The tenure of office of the members of the existing board of county commissioners shall not be affected.

Source: S.L. 1890, ch. 48, § 2; R.C. 1895, § 1893; R.C. 1899, § 1893; S.L. 1901, ch. 52, § 2; R.C. 1905, § 2387; C.L. 1913, § 3261; R.C. 1943, § 11-1206.

11-12-07. Decrease in number of commissioners authorized — Redistricting county — When effective.

When the returns of an election to pass on the question of decreasing the number of county commissioners in a county show that a majority of the votes cast on the question favored such decrease, the existing board of county commissioners shall continue in office until the time when the terms of office of two members of the board expire simultaneously. At that time, the board shall declare that such two offices are abolished and at its first regular meeting thereafter shall redistrict the county into three commissioners’ districts and shall designate the district which each of the three remaining commissioners shall represent. The terms of office of such remaining commissioners shall not be affected.

Source: S.L. 1890, ch. 48, § 2; R.C. 1895, § 1893; R.C. 1899, § 1893; S.L. 1901, ch. 52, § 2; R.C. 1905, § 2387; C.L. 1913, § 3261; R.C. 1943, § 11-1207.

11-13-01. When county auditor to qualify and take office.

The county auditor shall qualify and enter upon the discharge of the duties of office on the first of April next succeeding the auditor’s election.

Source: Pol. C. 1877, ch. 5, § 10; R.C. 1895, § 354; S.L. 1897, ch. 43, § 1; R.C. 1899, §§ 354, 2072a; S.L. 1903, ch. 72, § 1; 1905, ch. 140, § 1; R.C. 1905, §§ 417, 2591; S.L. 1911, ch. 917, § 1; C.L. 1913, §§ 678, 3505; R.C. 1943, § 11-1301; S.L. 2007, ch. 104, § 2.

Cross-References.

Bond, see N.D.C.C. § 11-10-06.

Election, see N.D.C.C. § 11-10-02.

Oath, see N.D.C.C. § 11-10-09.

Vacancy, see N.D.C.C. §§ 44-01-04, 44-02-01, 44-02-04.

11-13-02. Duties of county auditor.

The county auditor shall:

1. Act as clerk of the board of county commissioners and keep an accurate record of the official proceedings of the board.
2. Prepare a financial statement of the county annually unless otherwise ordered by the board of county commissioners.
3. Upon receipt of any document, bond, or other paper required to be filed in the auditor’s office, number and index the same and make the proper entries in the reception book.
4. Carefully preserve all documents, books, records, maps, and other papers required to be deposited or kept in the auditor’s office.
5. Have recorded in the office of the recorder all bonds not issued by the state bonding fund that are required to be deposited in the auditor’s office.
6. Perform and transact all county business without extra compensation.
7. Keep all books required to be kept by the board of county commissioners.
8. File and preserve in the auditor’s office all accounts, vouchers, and other papers pertaining to the settlement of any and all accounts to which the county is a party, and copies of such papers certified under the hand and seal of the auditor shall be admitted as evidence in all courts in this state.
9. Perform all acts required of the auditor relative to the making out and delivering of notices of general and special elections, making abstracts of and canvassing the votes cast at an election, issuing certificates of election, and forwarding the abstract of votes cast to the secretary of state.
10. On or before August first of each odd-numbered year, report to the insurance commissioner the sound depreciated value of each county building or risk, and the contents therein.
11. On going out of office, deliver to the successor in office all moneys, books, records, documents, maps, papers, vouchers, and other property in the auditor’s hands belonging to the county, and in case of the death of the auditor, the auditor’s personal representatives shall deliver the same to the auditor’s successor.
12. Do and perform all acts not enumerated in this section which the auditor is required to do by law.

Source: Pol. C. 1877, ch. 21, § 63; S.L. 1881, ch. 73, § 1; 1887, ch. 10, §§ 4, 6; R.C. 1895, §§ 1971, 1973, 1976, 1977; R.C. 1899, §§ 1971, 1973, 1976, 1977; R.C. 1905, §§ 2486, 2488, 2491, 2492; S.L. 1907, ch. 71, § 2; C.L. 1913, §§ 3366, 3368, 3372 to 3374; S.L. 1919, ch. 159, § 5; 1925, ch. 154, § 2; 1925 Supp., § 189c5; S.L. 1933, ch. 135, § 4; 1935, ch. 153, § 5; R.C. 1943, § 11-1302; S.L. 2001, ch. 120, § 1.

Cross-References.

Absent voters’ ballot, issuance of, see N.D.C.C. ch. 16.1-07.

Acknowledgment, taken by auditor, see N.D.C.C. § 47-19-14.

Agricultural college publications, publication of listing, see N.D.C.C. § 15-12-12.

Amended budget, deadline for accepting, see N.D.C.C. § 57-15-31.1.

Assessors to be furnished books, see N.D.C.C. § 57-02-31.

Clerk of county board of equalization, see N.D.C.C. § 57-12-03.

Correction of tax rolls, see N.D.C.C. § 11-18-02.1.

Deputy, see N.D.C.C. § 11-10-11.

Election duties, see N.D.C.C. §§ 16.1-01-01, 16.1-06-16, 16.1-06-23, 16.1-15-23.

Game and fish licenses, see N.D.C.C. §§ 20.1-03-17 to 20.1-03-21.

Mileage, see N.D.C.C. § 11-10-15.

Oaths, administration of, see N.D.C.C. § 44-05-01.

Office, board of county commissioners provide, see N.D.C.C. § 11-10-20.

Removal from office, see N.D.C.C. § 44-11-01.

Salary, see N.D.C.C. § 11-10-10.

Sale of land for delinquent taxes, see N.D.C.C. § 57-20-26.

Secretary of board of county park commissioners, see N.D.C.C. § 11-28-03.

Tax list, made by auditor, see N.D.C.C. § 57-20-02.

Valuation of real property controlled by game and fish department, see N.D.C.C. § 57-02.1-03.

11-13-02.1. Duties of county official in rendering services to private individuals, firms, or corporations — Fees to be charged — Disposition of fees — Records to be kept.

A county official is not required to compile statistical information for private individuals, firms, or corporations, other than that required of the county auditor by section 11-13-15. A county official may compile statistical information for private individuals, firms, or corporations upon payment of a suitable charge which must be commensurate with costs to the county of providing the services. If the service takes more than an hour to provide, the board of county commissioners shall determine the fee, which may not exceed the sum of twenty-five dollars per hour, excluding the initial hour, for time consumed in compiling the statistical information. The county official shall remit the fees each month to the county treasurer for credit to the county general fund. The county official shall keep a complete record of fees collected under this section.

Source: S.L. 1955, ch. 116, § 1; R.C. 1943, 1957 Supp., § 11-13021; S.L. 1967, ch. 102, § 1; 1999, ch. 104, § 1.

11-13-03. Auditor’s reception book. [Repealed]

Repealed by S.L. 1945, ch. 156, § 1.

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

The county auditor shall be the chief financial officer of the county and shall keep complete and detailed records of all financial transactions of the county, charging the treasurer with the amount of all property taxes assessed and levied by the state and by any taxing subdivision, together with all interest, penalties, and other costs turned over to the auditor by the auditor’s predecessor. In determining the treasurer’s responsibility for collections, the county auditor shall credit the treasurer with all tax payments, cash discounts allowed, abatements, the amount of uncollected taxes delivered to the treasurer’s successor in office, or other credits as provided by law. The county auditor shall charge the treasurer with all moneys collected by the treasurer or received by the treasurer in the treasurer’s official capacity and shall credit the treasurer with all payments by warrant or as otherwise provided by law and with all moneys delivered to the treasurer’s successor in office.

Source: S.L. 1887, ch. 10, § 5; R.C. 1895, § 1972; R.C. 1899, § 1972; R.C. 1905, § 2487; C.L. 1913, § 3367; S.L. 1943, ch. 110, § 1; R.C. 1943, § 11-1304.

11-13-05. Verification of cash. [Repealed]

Repealed by S.L. 1987, ch. 144, § 2.

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

Upon application of the treasurer of any local taxing district, the county auditor shall give the treasurer an order on the county treasurer for the amount due such local taxing district, and shall charge the treasurer with the amount of such order, and at the same time shall notify the clerk of each local taxing district of the issuance of such order, but the county auditor shall not issue an order as in this section provided until the bond of the person applying for such order shall have been filed as required by law.

Source: S.L. 1897, ch. 126, § 69; R.C. 1899, § 1252; R.C. 1905, § 1567; C.L. 1913, § 2181; R.C. 1943, § 11-1306.

Cross-References.

County road tax, allocation and use of funds, see N.D.C.C. § 24-05-01.

11-13-07. County auditor to keep tax deed record.

The county auditor shall keep a record to be known as the tax deed record in which the auditor shall enter a description of the land foreclosed for unsatisfied tax lien, the date when the notice of foreclosure of tax lien was issued, the date and description of the return of service of such notice, and the date when the tax deed is issued.

Source: S.L. 1905, ch. 157, § 1; R.C. 1905, § 1592; C.L. 1913, § 2207; R.C. 1943, § 11-1307; S.L. 1999, ch. 503, § 2.

Cross-References.

Tax deeds, issuance, see N.D.C.C. § 57-28-09.

11-13-08. Certified copy of tax deed record prima facie evidence.

A certified copy of the auditor’s tax deed record, or of any part thereof, given under the hand and seal of the county auditor shall be prima facie evidence in the courts of this state of the matters and things therein contained.

Source: S.L. 1905, ch. 157, § 2; R.C. 1905, § 1593; C.L. 1913, § 2208; R.C. 1943, § 11-1308.

11-13-09. Auditor to furnish copy of proceedings of board of county commissioners to newspaper. [Repealed]

Repealed by S.L. 1987, ch. 146, § 2.

11-13-10. Auditor to certify abstracts — Fees. [Repealed]

Repealed by S.L. 1999, ch. 105, § 1.

11-13-11. Auditor to prepare plats of school districts — Record.

The county auditor shall prepare a record or plat showing the boundaries and the names or numbers of the various school districts in the county. Such record shall remain on file in the auditor’s office. When the boundaries of a school district are changed or when a new school district is organized, the county auditor shall make a record of the same.

Source: S.L. 1890, ch. 62, § 47; R.C. 1895, § 669; R.C. 1899, § 669; R.C. 1905, § 795; S.L. 1911, ch. 266, § 46; C.L. 1913, § 1149; R.C. 1943, § 11-1311.

11-13-12. Auditor’s certificate of taxes and special assessments on deeds, contracts for deed, plats, replats, and patents.

1. Whenever a deed, contract for deed, or patent is presented to the county auditor for transfer, the auditor shall ascertain from the books and records in the auditor’s office and in the office of the county treasurer whether there are delinquent taxes, special assessments, or an unsatisfied lien created under section 57-02-08.3 against the land described in the instrument, or whether the land has been sold for taxes.
   1. If there are delinquent taxes, special assessments, or an unsatisfied lien created under section 57-02-08.3 against lands described in the instrument, the auditor shall certify the same. When the receipt of the county treasurer is produced for the delinquent and current taxes or special assessments, the auditor shall enter “Taxes and special assessments paid and transfer accepted”.
   2. If the land described has been sold for taxes to a purchaser other than the county, the auditor shall enter “Taxes paid by sale of the land described within and transfer accepted”.
   3. If the instrument presented is entitled to record without regard to taxes, the auditor shall enter “Transfer accepted”.
   4. Acceptances required under this subsection must be accompanied by the auditor’s signature.
2. Whenever a deed, contract for deed, or patent is presented to the county auditor for transfer, the auditor shall ascertain from the books and records in the auditor’s office whether there are current taxes, current special assessments, or an unsatisfied lien created under section 57-02-08.3 against the land described in the instrument. If there are current taxes, current special assessments, or an unsatisfied lien created under section 57-02-08.3 against the land described in the instrument, the auditor shall place a statement on the instrument showing the amount of any current taxes, current special assessments, or unsatisfied lien created under section 57-02-08.3. When the receipt of the county treasurer is produced showing payment of delinquent and current taxes and special assessments, and satisfaction of all liens created under section 57-02-08.3, if any, the auditor shall enter “Taxes and special assessments paid, all liens created under section 57-02-08.3 satisfied, if any, and transfer accepted”. For purposes of this subsection:
   1. “Current special assessments” means special assessments that have been certified to the county auditor for collection but are not yet delinquent and have become due on the first day of January under section 57-20-01.
   2. “Current taxes” means real estate taxes, as shown on the most recent tax list prepared by the county auditor, which are not yet delinquent and have become due on the first day of January under section 57-20-01.
3. Whenever a plat, replat, auditor’s lot, or any instrument that changes the current property description, including condominium ownership established under chapter 47-04.1, is presented to the county auditor for transfer, the auditor shall ascertain from the books and records in the auditor’s office and in the office of the county treasurer whether there are current or delinquent taxes, special assessments, or an unsatisfied lien created under section 57-02-08.3 and, after February first of each year, the tax estimate for that year against the land described in the instrument or whether the land has been sold for taxes. If there are current taxes, delinquent taxes, delinquent special assessments, installments of special assessments, an unsatisfied lien created under section 57-02-08.3 or tax estimates against lands described in the instrument, the auditor shall certify the same.

Source: S.L. 1897, ch. 126, § 95; 1899, ch. 135, § 1; R.C. 1899, § 1278; S.L. 1901, ch. 144, § 1; 1903, ch. 167, § 1; R.C. 1905, § 1597; S.L. 1907, ch. 219; 1911, ch. 302, § 1; 1913, ch. 115, § 1; C.L. 1913, § 2212; S.L. 1915, ch. 252, § 1; 1925, ch. 211, § 1; 1925 Supp., § 2212; S.L. 1927, ch. 271, § 1; 1931, ch. 121, § 1; 1941, ch. 139, § 1; R.C. 1943, § 11-1312; S.L. 1983, ch. 150, § 1; 1991, ch. 109, § 1; 1993, ch. 100, § 1; 1995, ch. 111, § 1; 1995, ch. 112, § 1; 2005, ch. 545, § 1.

Cross-References.

Register of deeds [now recorder] not to record instrument unless it bears auditor’s certificate of transfer, see N.D.C.C. § 11-18-02.

11-13-13. Auditor’s record of transfer of title to real property. [Repealed]

Repealed by S.L. 1995, ch. 111, § 3.

11-13-14. Auditor’s certificate on conveyances to the state of North Dakota — Recording conveyance.

Whenever any sheriff’s deed or other conveyance of real property acquired by the state of North Dakota doing business as the Bank of North Dakota or any state agency for which the Bank of North Dakota acts as agent is offered for recording, the county auditor shall enter such transfer and the recorder shall record the same without regard to the payment of any taxes due thereon. Section 11-13-12 is not applicable thereto. In such case, the county auditor shall enter on the sheriff’s deed or other conveyance, over the county auditor’s official signature, the words “Transfer accepted”, and the recorder then shall receive and record the same.

Source: S.L. 1927, ch. 100, § 1; R.C. 1943, § 11-1314; S.L. 1993, ch. 101, § 1; 1995, ch. 111, § 2; 2001, ch. 120, § 1.

11-13-15. County auditor to furnish tax information to mortgagee of lands in county.

Whenever a mortgagee or assignee of a mortgagee, holding or owning one or more mortgages upon real estate in any county in this state, shall furnish to the county auditor of such county a description of the lands covered by such mortgage or mortgages, on a sheet of paper provided therefor by such mortgagee or assignee, and shall request such county auditor to search the records of the auditor’s office, and to indicate on such sheet, in the appropriate space provided therefor, the amount of the unpaid general taxes, if any, standing against the lands therein described, for each given year, as shown by such records, and to indicate that such general taxes are paid for any given year or years, if such is the fact, the county auditor shall make such search of the auditor’s records and shall set down on such sheet of paper, in the appropriate space thereon provided, the amount of the unpaid general taxes for each given year, exclusive of interest or penalty, standing against the lands therein described. If the general taxes for any given year are paid, the auditor shall write on such sheet, in the appropriate space provided thereon, the word “paid”. The county auditor shall not be required to make any certificate as respects the information so furnished and shall receive no fee for furnishing such information or rendering such service.

Source: S.L. 1929, ch. 243, § 1; R.C. 1943, § 11-1315.

Cross-References.

Duties of county auditor in rendering services to private individuals, firms, or corporations, see N.D.C.C. § 11-13-02.1.

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

Whenever the board of county commissioners fails or refuses to call a special election required by any law of this state, the county auditor may provide for and call such election upon the petition of a majority of the qualified electors of the county as determined by the poll list of the last preceding general election.

Source: S.L. 1881, ch. 73, § 1; R.C. 1895, § 1977; R.C. 1899, § 1977; R.C. 1905, § 2492; C.L. 1913, § 3374; R.C. 1943, § 11-1316; S.L. 1985, ch. 235, § 21.

11-13-17. Destruction of county records. [Repealed]

Repealed by S.L. 1987, ch. 153, § 1.

11-13-18. Reporting name of blind person for which exemption is claimed.

The county auditor of each county shall report to the director of the department of transportation the names of all blind persons for which a property exemption is claimed. Such reports as required are for the information of the department of transportation in determining the eligibility of any person to operate a motor vehicle on the highways of this state and must be kept confidential and not divulged to any person or used as evidence in any trial except that the reports may be admitted in proceedings under section 39-06-33.

Source: S.L. 1969, ch. 252, § 4; 1989, ch. 69, § 5.

11-14-01. Treasurer eligible two terms only. [Repealed]

Repealed by omission from this code.

11-14-02. When county treasurer to qualify and take office.

The county treasurer shall qualify and enter upon the discharge of the duties of the office on the first of May next succeeding the treasurer’s election.

Source: Pol. C. 1877, ch. 5, § 10; R.C. 1895, § 354; R.C. 1899, § 354; S.L. 1905, ch. 140, § 1; R.C. 1905, § 417; S.L. 1911, ch. 197, § 1; C.L. 1913, § 678; R.C. 1943, § 11-1402; S.L. 2007, ch. 104, § 3.

Cross-References.

Deputies, see N.D.C.C. § 11-10-11.

Election, see N.D.C.C. § 11-10-02.

Mileage, see N.D.C.C. § 11-10-15.

Oath, see N.D.C.C. § 11-10-09.

Salary, see N.D.C.C. § 11-10-10.

11-14-03. Additional bond may be required of treasurer.

Whenever the county treasurer has furnished a bond by personal sureties or by a surety company, the board of county commissioners may require the treasurer to give an additional bond, or additional sureties if, in the opinion of a majority of the commissioners, the existing security shall have become insufficient. The board may demand and receive from the county treasurer an additional bond, with good and sufficient security, in such sum as it may direct, whenever, in its opinion, more money shall have passed or is about to pass into the hands of the treasurer than is covered by the penalty in the previous bond. The giving of an additional bond or of additional sureties on an existing bond shall not invalidate any previous bond or bonds, nor discharge the sureties from any liability thereon.

Source: Pol. C. 1877, ch. 28, § 97; R.C. 1895, §§ 344, 1316; R.C. 1899, §§ 344, 1305; R.C. 1905, §§ 406, 2481; C.L. 1913, §§ 665, 3361; R.C. 1943, § 11-1403.

Cross-References.

Bond of treasurer, see N.D.C.C. § 11-10-06.

Collateral References.

Malfeasance in office, public officer’s bond as subject to forfeiture for, 4 A.L.R.2d 1348.

Limitation of actions: what period of limitation governs in an action against a public officer and the surety on his official bond, 18 A.L.R.2d 1176.

Interest: time from which interest begins to run on fidelity or public officer’s bond, 57 A.L.R.2d 1317.

11-14-04. Failure to give additional bond.

If a county treasurer fails or refuses to give an additional bond or additional sureties for ten days from and after the day on which the board of county commissioners requires the treasurer so to do, the treasurer’s office shall become vacant and another treasurer shall be appointed according to law.

Source: Pol. C. 1877, ch. 28, § 98; R.C. 1895, §§ 345, 1317; R.C. 1899, §§ 345, 1305; R.C. 1905, §§ 407, 2481; C.L. 1913, §§ 666, 3361; R.C. 1943, § 11-1404.

Cross-References.

Removal from office, see N.D.C.C. § 44-11-01.

Vacancy, see N.D.C.C. §§ 44-01-04, 44-02-01, 44-02-04.

11-14-05. County treasurer to certify abstracts — Fees. [Repealed]

Repealed by S.L. 1999, ch. 105, § 1.

11-14-06. County treasurer to receive and pay out county money.

The county treasurer shall receive all moneys belonging to the county, from whatever source they may be derived, and all other moneys which by law are directed to be paid to the treasurer. The treasurer shall pay out moneys belonging to the county only on a properly drawn county warrant or in any other manner provided by law.

Source: Pol. C. 1877, ch. 21, § 93; R.C. 1895, § 1963; R.C. 1899, § 1963; R.C. 1905, § 2461; C.L. 1913, § 3341; R.C. 1943, § 11-1406.

Cross-References.

Auditor to draw county warrants, see N.D.C.C. § 11-25-01.

County treasurer custodian of park funds and treasurer for board of county park commissioners, see N.D.C.C. § 11-28-03.

Depositories of public funds, see N.D.C.C. ch. 21-04.

11-14-07. Treasurer to keep record of cash.

The county treasurer shall keep an accurate and detailed record of all moneys which shall come into the treasurer’s hands by virtue of the treasurer’s office.

Source: Pol. C. 1877, ch. 28, § 48; R.C. 1895, § 1232; R.C. 1899, § 1237; R.C. 1905, § 1548; C.L. 1913, § 2159; S.L. 1943, ch. 116, § 1; R.C. 1943, § 11-1407.

Cross-References.

Cash book and register to be footed daily and closed annually, see N.D.C.C. § 21-01-09.

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

The county treasurer shall keep a just and true account of the receipts and expenditures of all tax moneys which shall come into the treasurer’s hands by virtue of the treasurer’s office, in books or records to be kept by the treasurer for that purpose. Such books or records shall be open at all times for inspection by the board of county commissioners or any member thereof, by all county and state officers, and by any taxpayer or a taxpayer’s legal representative. On the tenth day of November of each year, the county treasurer shall make an annual settlement or accounting for the collection of current taxes and for that purpose the treasurer shall exhibit to the auditor the treasurer’s books, moneys, accounts, and all vouchers relating to the same to be audited or verified. The county treasurer shall be charged with the amount of the original tax list, the additional taxes assessed, and penalties and interest collected to date of settlement, and shall be credited with the amount of cash collected, abatements, erroneous assessments, canceled taxes, discounts, and a total of the delinquent taxes outstanding. The county treasurer, at the time of the settlement, shall furnish the county auditor with a list of delinquent real estate taxes outstanding and a list of delinquent personal property taxes outstanding in sufficient detail to permit the auditor to complete the auditor’s records.

Source: Pol. C. 1877, ch. 21, §§ 94, 95; R.C. 1895, §§ 1964, 1965; R.C. 1899, §§ 1964, 1965; R.C. 1905, §§ 2462, 2463; C.L. 1913, §§ 3342, 3343; S.L. 1943, ch. 114, § 1; R.C. 1943, § 11-408.

Cross-References.

Warrants paid, record, see N.D.C.C. § 11-25-02.

11-14-09. Treasurer’s receipts for money received — Copy deposited with auditor.

Whenever the county treasurer receives money, the treasurer shall make out triplicate receipts and shall deliver one copy thereof to the person paying, and deposit one copy thereof with the county auditor at the close of the business day, and retain one copy thereof which shall be filed numerically in the treasurer’s office. The county auditor shall charge the county treasurer with the amount of the receipts, and the county treasurer shall enter the amount of the receipts in the treasurer’s cash book.

Source: Pol. C. 1877, ch. 28, §§ 49, 90; S.L. 1881, ch. 117, § 1; R.C. 1895, §§ 1233, 1309; R.C. 1899, § 1238; R.C. 1905, § 1549; C.L. 1913, § 2160; S.L. 1943, ch. 127, § 1; R.C. 1943, § 11-1409.

Cross-References.

Office, board of county commissioners provide, see N.D.C.C. § 11-10-20.

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

The county treasurer shall prepare a daily statement of all receipts and disbursements and shall transmit a copy of the same to the county auditor together with all warrants and other vouchers paid and duplicate copies of all receipts. The treasurer shall make a distribution on or before the tenth working day of each calendar month to the several county funds and taxing subdivisions of all taxes received and of all other funds that are required by law to be distributed.

Source: S.L. 1897, ch. 126, § 68; R.C. 1899, § 1251; R.C. 1905, § 1566; C.L. 1913, § 2180; S.L. 1943, ch. 115, § 1; R.C. 1943, § 11-1410; S.L. 1975, ch. 97, § 1.

11-14-11. Report to township clerks. [Repealed]

Source: S.L. 1895, ch. 47, § 1; R.C. 1895, § 1968; R.C. 1899, § 1968; R.C. 1905, § 2466; C.L. 1913, § 3346; R.C. 1943, § 11-1411; repealed by 2019, ch. 96, § 1, effective August 1, 2019.

11-14-12. Statement to township clerk of amount paid to township treasurer.

Whenever the county treasurer pays or remits any township funds to a township treasurer, the treasurer shall mail to the township clerk on the day of such remittance a statement of the amount so paid or remitted, separately stating the amount belonging to each fund.

Source: S.L. 1895, ch. 47, § 2; R.C. 1895, § 1969; R.C. 1899, § 1969; R.C. 1905, § 2467; C.L. 1913, § 3347; R.C. 1943, § 11-1412.

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

1. The county treasurer shall keep a regular account with each school district in the county. The treasurer shall credit and transfer to such account the amount collected on taxes levied by the governing body of the school district, all sums apportioned to the district by the county superintendent of schools or other authority, and all sums received from the district. The treasurer shall credit the county with all payments made to the business manager of the district and shall distinguish between items paid by apportionment, from county taxes, and from other sources; all payments for redemption of or endorsement upon school district warrants in the collection of taxes; and all items of legal fees for collection and other duties performed.
2. Whenever a school district is authorized by law to be the custodian of its own funds and exercises such authorization, the county treasurer shall remit to such school district the funds for which the school district is custodian on or before the tenth day of each calendar month.

Source: S.L. 1890, ch. 62, § 99; 1891, ch. 57, § 1; R.C. 1895, § 719; S.L. 1899, ch. 83, § 1; R.C. 1899, § 719; R.C. 1905, § 852; S.L. 1911, ch. 266, § 113; 1913, ch. 269, § 1; C.L. 1913, § 1220; R.C. 1943, § 11-1413; S.L. 1967, ch. 191, § 1; 1975, ch. 144, § 2.

11-14-14. Reports of disbursements of funds to school districts.

Annually, on the first day of July, the county treasurer shall:

1. File with the county superintendent of schools an itemized statement of all funds remitted by the treasurer during the preceding school year to the business manager of each school district in the county.
2. Send to the business manager of each school district in the county an itemized statement of all payments made by the county treasurer to such school district business manager during the preceding school year.

Such statement shall be made in substantial conformity with the forms prepared by the superintendent of public instruction for the annual report of school district business managers.

Source: S.L. 1911, ch. 266, § 113; 1913, ch. 269, § 1; C.L. 1913, § 1220; R.C. 1943, § 11-1414; S.L. 1949, ch. 122, § 1; 1957 Supp., § 11-1414; S.L. 1961, ch. 158, § 2; 1975, ch. 144, § 3.

11-14-15. Receipts and warrants to be delivered to school district business manager.

The county treasurer shall deliver to the business manager of the school district, at the time of making other regular payments to the business manager, a duplicate tax receipt for all amounts credited as an endorsement upon, or in payment of, any school district warrant, and the treasurer shall deliver to such district business manager all warrants which have been redeemed.

Source: S.L. 1890, ch. 62, § 99; 1891, ch. 57, § 1; R.C. 1895, § 719; S.L. 1899, ch. 83, § 1; R.C. 1899, § 719; R.C. 1905, § 852; S.L. 1911, ch. 266, § 113; 1913, ch. 269, § 1; C.L. 1913, § 1220; R.C. 1943, § 11-1415; S.L. 1975, ch. 144, § 4.

11-14-16. When treasurer shall pay over the funds collected.

The county treasurer shall pay over to the treasurer of the state, and to any municipal corporation or organized township, or to any body politic, on the order of the county auditor, all moneys received by the treasurer arising from taxes levied and collected, belonging to the state, or to such municipal corporation or organized township or school district on or before the tenth working day of each calendar month, provided, however, that foundation program allocations shall be made within seven days of receipt, excluding weekends and holidays. If any treasurer willfully and negligently shall fail to settle with the state treasurer at the times and in the manner prescribed by law, the county treasurer shall forfeit to the use of the state the sum of five hundred dollars, such sum to be recovered from the treasurer or the treasurer’s sureties on suit brought by the state treasurer in the name of the state. If the state treasurer fails to bring such suit, then any citizen of the state may bring the same.

Source: Pol. C. 1877, ch. 28, §§ 83, 84; R.C. 1895, §§ 1294, 1295; S.L. 1897, ch. 126, § 70; R.C. 1899, § 1253; R.C. 1905, § 1568; C.L. 1913, § 2182; R.C. 1943, § 11-1416; S.L. 1975, ch. 97, § 2; 1977, ch. 95, § 1.

Cross-References.

Furnish state auditor with monthly statements of taxes collected, see N.D.C.C. § 54-27-04.

Remit state funds collected or in his hands, see N.D.C.C. § 54-27-02.

11-14-17. Treasurer not credited with interest paid unless warrant endorsed.

The county treasurer, on any settlement with the board of county commissioners, shall not be credited with any sum paid for interest on any warrant or order unless, at the time of receiving the same, the treasurer shall have noted on the warrant or order the amount of interest due thereon.

Source: Pol. C. 1877, ch. 28, § 100; R.C. 1895, § 1319; R.C. 1899, § 1307; R.C. 1905, § 2483; C.L. 1913, § 3363; R.C. 1943, § 11-1417.

Cross-References.

County treasurer to enter amount of interest paid, see N.D.C.C. § 11-25-03.

11-14-18. Failure of treasurer to make settlement — Auditor to start suit.

If a county treasurer fails to make return and settlement, or fails to pay over all money with which the treasurer stands charged, at the time and in the manner prescribed by law, the county auditor, on receiving instructions for that purpose from the board of county commissioners of the treasurer’s county, shall cause suit to be instituted against the treasurer and the treasurer’s sureties, or any of them.

Source: Pol. C. 1877, ch. 28, § 95; R.C. 1895, § 1314; R.C. 1899, § 1303; R.C. 1905, § 2479; C.L. 1913, § 3359; R.C. 1943, § 11-1418; S.L. 1999, ch. 106, § 1.

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

A county treasurer shall not either directly or indirectly contract for or purchase any warrant or other evidence of indebtedness issued by the county of which the person is treasurer at any discount upon the sum due thereon. If a county treasurer shall contract for or purchase any such warrant or other evidence of indebtedness contrary to the provisions of this section, the treasurer shall forfeit the whole amount due thereon. The forfeiture shall be recovered for the benefit of the county by civil action brought by the state of North Dakota.

Source: Pol. C. 1877, ch. 28, § 99; R.C. 1895, § 1318; R.C. 1899, § 1306; R.C. 1905, § 2482; C.L. 1913, § 3362; R.C. 1943, § 11-1419.

Cross-References.

Officer not to purchase county warrants, see N.D.C.C. § 11-10-22.

11-14-20. Loaning county funds — Penalty.

If any county treasurer shall loan any money belonging to the treasurer’s county, with or without interest, or shall use the same for the treasurer’s own purposes, the treasurer shall forfeit and pay, for every such offense, not more than five hundred dollars nor less than one hundred dollars. The forfeiture shall be recovered for the benefit of the county in an action brought by the state of North Dakota.

Source: Pol. C. 1877, ch. 28, § 101; R.C. 1895, § 1320; R.C. 1899, § 1308; R.C. 1905, § 2484; C.L. 1913, § 3364; R.C. 1943, § 11-1420.

11-14-21. County treasurer’s final settlement.

When the county treasurer goes out of office, the treasurer shall make a full and complete settlement with the board of county commissioners, and shall deliver up all books, papers, moneys, and all other property pertaining to the office to the treasurer’s successor, taking a receipt therefor. The board shall see that the books of the county treasurer are correctly balanced before passing into the possession and control of the treasurer elect. It shall witness and attest the actual transfer and delivery of accounts, books, vouchers, and funds by any outgoing treasurer to the successor in office, whether the successor treasurer is the same person or another, and shall cause to be entered of record its full compliance with the requirements of this section.

Source: R.C. 1895, § 1254; R.C. 1899, § 1255; R.C. 1905, § 1570; C.L. 1913, § 2184; R.C. 1943, § 11-1421.

11-15-01. Sheriff eligible for two terms only. [Repealed]

Repealed by S.L. 1953, ch. 110, § 2.

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

Except as otherwise specifically provided by state law, the sheriff must be a qualified elector in the county in which the sheriff is elected. Within one year after taking office, the sheriff shall attend the sheriffs’ school on civil process for one week, and unless already licensed under sections 12-63-01 through 12-63-14, shall begin the training necessary to become so licensed. Within two years after taking office, the sheriff shall complete the procedures required to be licensed under sections 12-63-01 through 12-63-14.

Source: S.L. 1977, ch. 96, § 1; 1987, ch. 154, § 1; 1999, ch. 98, § 15.

Cross-References.

Deputies, see N.D.C.C. § 11-10-11.

11-15-02. Sheriff may appoint special deputies — Compensation.

The sheriff may appoint and qualify special deputies in such numbers as are required by the conditions. Each special deputy shall receive compensation for services rendered and the same mileage allowance as regular deputies, which must be paid by the county within the limits of funds budgeted for such purpose. The sheriff shall have the sole power of appointing special deputies and may remove them at pleasure.

Source: S.L. 1911, ch. 275, § 5; C.L. 1913, § 3524; R.C. 1943, § 11-1502; S.L. 1951, ch. 110, § 1; 1957 Supp., § 11-1502; S.L. 1969, ch. 134, § 1; 1977, ch. 97, § 1; 1983, ch. 151, § 1.

11-15-03. Duties of sheriff.

The sheriff shall:

1. Preserve the peace.
2. Arrest and take before the nearest magistrate, or before the magistrate who issued the warrant, all persons who attempt to commit or who have committed a public offense.
3. Prevent and suppress all affrays, breaches of the peace, riots, and insurrections which may come to the sheriff’s knowledge.
4. Attend each term of the district court held within the county; obey its lawful orders and directions; and act as crier thereof and make proclamation of the opening and adjournment of court and of any other matter under its direction.
5. Command the aid of as many inhabitants of the county as the sheriff may think necessary in the execution of the sheriff’s duties.
6. Take charge of and keep the county jail and the prisoners therein.
7. Endorse upon all notices and process received by the sheriff for service the year, month, day, hour, and minute of reception, and issue therefor to the person delivering it, on payment of the sheriff’s fees, a certificate showing the names of the parties, the title of the paper, and the time of its reception.
8. Serve all process or notices in the manner prescribed by law.
9. Certify under the sheriff’s hand upon each process or notice the time and manner of service, or if the sheriff fails to make service, the reasons for failure, and return the same without delay.
10. Perform such other duties as are required of the sheriff by law.
11. Enforce, personally or through deputies, all statutes defining traffic violations denominated noncriminal by section 39-06.1-02.

Source: R.C. 1895, §§ 1992, 2004, 2007; R.C. 1899, §§ 1992, 2004, 2007; R.C. 1905, §§ 2503, 2514, 2517; C.L. 1913, §§ 3390, 3401, 3404; R.C. 1943, § 11-1503; S.L. 1975, ch. 339, § 1; 1983, ch. 172, § 2.

Cross-References.

Authority to administer oath, see N.D.C.C. § 44-05-01.

Bond, see N.D.C.C. § 11-10-06.

Collect delinquent taxes, see N.D.C.C. § 57-22-03.

County jail, duties as to, see N.D.C.C. ch. 12-44.1.

Election, see N.D.C.C. § 11-10-02.

Oath of office, see N.D.C.C. § 11-10-09.

Removal from office, see N.D.C.C. § 44-11-01.

Salary, see N.D.C.C. § 11-10-10.

Term of office, when begins, see N.D.C.C. §§ 11-10-05, 44-01-03.

Vacancy, see N.D.C.C. §§ 44-01-04, 44-02-01, 44-02-04.

11-15-03.1. Salary of county sheriff. [Repealed]

Repealed by S.L. 1975, ch. 87, § 2.

11-15-04. Sheriff to execute all process.

A sheriff shall execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceeding upon which they were issued.

Source: R.C. 1895, § 2002; R.C. 1899, § 2002; R.C. 1905, § 2512; C.L. 1913, § 3399; R.C. 1943, § 11-1504.

Cross-References.

Serve subpoena, see N.D.R.Civ.P. 45(b)(1).

11-15-05. To exhibit process.

The sheriff executing any process, at all times, so long as the sheriff retains it, must show the same, upon request, with all papers attached, to any person interested therein.

Source: R.C. 1895, § 2003; R.C. 1899, § 2003; R.C. 1905, § 2513; C.L. 1913, § 3400; R.C. 1943, § 11-1505.

11-15-06. Duty of sheriff to serve papers in civil action — When coroner to perform duties of sheriff.

Whenever, pursuant to the laws of this state, the sheriff is required to serve or execute any summons, order, or judgment, or to do any other act, the sheriff shall be bound to do so in like manner as upon process issued to the sheriff and shall be liable equally in all respects for neglect of duty. If the sheriff is a party, the coroner shall be bound to perform the service, as the coroner is bound to execute process when the sheriff is a party. The provisions of title 28 relating to the sheriff shall apply to coroners when the sheriff is a party.

Source: C. Civ. P. 1877, § 524; R.C. 1895, § 5734; R.C. 1899, § 5734; R.C. 1905, § 7341; C.L. 1913, § 7961; R.C. 1943, § 11-1506.

Derivation:

Wait’s (N.Y.) Code, 419.

Cross-References.

Coroners, see N.D.C.C. ch. 11-19.1.

Service of summons, see N.D.R.Civ.P. 4(b).

11-15-07. County fees.

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

1. For serving a summons, writ of attachment, writ of execution, subpoena, notice of motion, or other notice or order of the court, order of replevin, injunctional order, citation, or any other mesne process and making a return thereon, in addition to the actual incurred costs of postage and long-distance telephone calls a total of thirty dollars for each person served.
2. For making a return of not-found, thirty dollars.
3. For taking and filing a bond in claim and delivery or any other undertaking to be furnished and approved by the sheriff, twenty dollars.
4. For making a copy of any process, bond, or paper, other than as is herein provided, two dollars per page.
5. For levying or executing any writ, fifty dollars.
6. For calling an inquest to appraise any goods and chattels that the sheriff may be required to have appraised, twenty-five dollars, and each appraiser is entitled to receive one hundred dollars to be taxed as costs.
7. For advertising a sale by means of a sheriff’s notice of sale, in addition to any publishing fees, twenty dollars.
8. For making a deed to land sold on execution or under an order of sale, twenty dollars.
9. For issuing a certificate of redemption when property has been redeemed from a sale under execution or upon the foreclosure of a mortgage, twenty dollars.
10. For selling real or personal property under foreclosure of any lien or mortgage, seventy-five dollars.
11. For boarding prisoners, a sum to be determined by the board of county commissioners, by resolution in advance, which sum must be per meal for meals actually served, and may not be less than two dollars for breakfast, two dollars and fifty cents for dinner, and three dollars and fifty cents for supper.

Source: Pol. C. 1877, ch. 39, § 9; S.L. 1881, ch. 77, § 1; R.C. 1895, § 2082; S.L. 1897, ch. 100, § 1; R.C. 1899, § 2082; S.L. 1903, ch. 178, § 1; R.C. 1905, § 2600; S.L. 1909, ch. 120, § 1; C.L. 1913, § 3514; S.L. 1943, ch. 122, § 1; R.C. 1943, § 11-1507; S.L. 1947, ch. 130, § 1; 1957 Supp., § 11-1507; S.L. 1965, ch. 102, § 1; 1969, ch. 135, § 1; 1971, ch. 127, § 1; 1973, ch. 91, § 1; 1975, ch. 98, § 1; 1977, ch. 98, § 1; 1979, ch. 165, § 1; 1981, ch. 139, § 2; 1981, ch. 144, § 1; 1985, ch. 82, § 19; 1989, ch. 146, § 1; 1991, ch. 110, § 1; 2005, ch. 102, § 1; 2021, ch. 90, § 1, effective July 1, 2021.

Cross-References.

Account for money collected, see N.D.C.C. § 44-01-07.

Fees for distraint and sale of goods for payment of taxes, see N.D.C.C. § 57-22-25.

Fees received by county officers turned over to county treasurer, see N.D.C.C. § 11-10-14.

Payment in advance may be required, see N.D.C.C. § 44-08-09.

11-15-08. Commissions collected by sheriff.

1. Except as provided in section 11-15-09, the sheriff is entitled to collect commissions on behalf of the county on all moneys received and disbursed by the sheriff on an execution, order of sale, order of attachment, requisition in claim and delivery, or decree for the sale of real or personal property as follows:
   1. On the first one thousand dollars, seventy-five dollars.
   2. On all moneys in excess of one thousand dollars, two percent for personal property and one percent for real property.
2. Except as provided in subsection 3, if no sale is held under subsection 1, the sheriff may not collect a commission.
3. If personal property is taken by the sheriff on an execution, under a requisition in claim and delivery, or under a writ of attachment and applied in satisfaction of the debt without sale, the sheriff is entitled to collect the commission specified in subsection 1 based upon the appraised value of the property. The sheriff shall deliver the commissions to the county treasurer under section 11-15-14.

Source: Pol. C. 1877, ch. 39, § 9; S.L. 1881, ch. 77, § 1; 1885, ch. 56, § 1; R.C. 1895, § 2082; S.L. 1897, ch. 100, § 1; R.C. 1899, § 2082; S.L. 1903, ch. 178, § 1; R.C. 1905, § 2600; S.L. 1909, ch. 120, § 1; C.L. 1913, § 3514; R.C. 1943, § 11-1508; S.L. 1985, ch. 82, § 20; 1985, ch. 162, § 1; 1989, ch. 147, § 1; 1991, ch. 111, § 1; 1993, ch. 102, § 1; 2005, ch. 102, § 2; 2021, ch. 90, § 2, effective July 1, 2021.

11-15-09. Allowances when plaintiff bids in property at sale.

When the person in whose favor an execution or order of sale has been issued by the court bids in the property sold under the execution or pursuant to the judgment, the sheriff or other person making the sale shall collect on behalf of the county either of the following fees, and no more:

1. When the amount for which the property is bid on does not exceed one thousand dollars, forty dollars.
2. When the amount for which the property is bid on exceeds one thousand dollars, seventy-five dollars.

Source: Pol. C. 1877, ch. 39, § 9; S.L. 1881, ch. 77, § 2; R.C. 1895, § 2082; S.L. 1897, ch. 100, § 1; R.C. 1899, § 2082; S.L. 1903, ch. 178, § 1; R.C. 1905, § 2600; S.L. 1909, ch. 120, § 1; C.L. 1913, § 3514; R.C. 1943, § 11-1509; S.L. 1971, ch. 128, § 1; 1985, ch. 162, § 2; 1991, ch. 111, § 2; 2005, ch. 102, § 3.

11-15-10. Fees in county court. [Repealed]

Repealed by S.L. 1991, ch. 326, § 203.

11-15-11. Sheriff’s expense of preserving property — Approval of court required.

Unless otherwise ordered by the court, the sheriff shall receive the actual expense incurred for taking, transporting, keeping possession of, and preserving property taken under an attachment, execution, or other process. No keeper is entitled to receive more than five dollars per day. Property may not be placed in charge of a keeper unless the property cannot be stored safely and securely, nor unless there is reasonable danger of loss to the property, nor unless the property is of a character as to require the personal attention and supervision of a keeper. The sheriff may require the person in whose favor the attachment, execution, or other process was issued to pay, or to provide security for, in advance, all expenses actually incurred in the taking, keeping, transporting, or preserving the property.

Source: Pol. C. 1877, ch. 39, § 9; R.C. 1895, § 2082, subs. 34; R.C. 1899, § 2082, subs. 35; S.L. 1903, ch. 178, § 1, subs. 35; R.C. 1905, § 2600, subs. 34; S.L. 1909, ch. 120, § 1, subs. 34; C.L. 1913, § 3514, subs. 34; R.C. 1943, § 11-1511; S.L. 1993, ch. 103, § 1.

11-15-12. Sheriff’s mileage.

A sheriff or deputy, for each mile [1.61 kilometers] actually and necessarily traveled within this state in the performance of official duties, is entitled to reimbursement for mileage expenses in accordance with section 11-10-15.

Source: Pol. C. 1877, ch. 39, § 9; R.C. 1895, § 2082, subs. 9; R.C. 1899, § 2082, subs. 9; S.L. 1903, ch. 178, § 1, subs. 9; R.C. 1905, § 2600, subs. 9; S.L. 1909, ch. 120, § 1, subs. 9; 1911, ch. 275, § 1; C.L. 1913, §§ 3514, subs. 9, 3521; S.L. 1923, ch. 286, § 1; 1925 Supp., § 3521; I.M. June 29, 1932, § 1, S.L. 1933, p. 496, § 1; 1939, ch. 123, § 1; R.C. 1943, § 11-1512; S.L. 1949, ch. 123, § 1; 1955, ch. 113, § 1; 1957 Supp., § 11-1512; S.L. 1971, ch. 130, § 1; 1975, ch. 90, § 2; 1975, ch. 99, § 1; 1979, ch. 166, § 1; 1985, ch. 157, § 3.

Cross-References.

Expense account, when unlawful, see N.D.C.C. §§ 44-08-04, 44-08-05.

Traveling expenses, what allowed, see N.D.C.C. § 44-08-03.

11-15-13. Fees to be endorsed on process.

When a sheriff or other officer serves a summons, subpoena, bench warrant, venire, or other process in any action to which the state or any county is a party, the officer shall endorse upon the writ or process, or upon a paper attached thereto, at the time the officer makes the return of service thereon, a statement of the officer’s fees for the service, the number of miles traveled, and the amount of the officer’s mileage. If the officer fails to make the return with the statement and does not file the return with the clerk of the court from which the process issued before judgment is rendered in the action to which the process relates, the officer shall receive no fees for such service, and the board of county commissioners of the county shall not allow the same.

Source: S.L. 1883, ch. 54, § 1; R.C. 1895, § 2086; R.C. 1899, § 2086; R.C. 1905, § 2604; C.L. 1913, § 3517; R.C. 1943, § 11-1513.

11-15-14. Sheriff’s fees collectible in advance — Report of fees — Mileage in criminal cases.

In civil actions, the sheriff shall collect the sheriff’s fees in advance. Upon a request for cancellation of a civil action, the sheriff may retain up to twenty dollars of the collected fee. At the expiration of each month, the sheriff shall make a report, verified by the sheriff’s affidavit, to the board of county commissioners showing all fees earned and collected during that month and shall transfer those fees to the county treasurer. The sheriff shall maintain a complete record of all fees due to the sheriff’s office for services rendered in criminal actions and shall file the sheriff’s itemized statement for mileage in connection with criminal cases with the county auditor at the expiration of each month. Claims for mileage in criminal cases shall be audited by the board of county commissioners and paid by the county.

Source: S.L. 1911, ch. 275, § 6; C.L. 1913, § 3525; R.C. 1943, § 11-1514; 2011, ch. 89, § 1.

Effective Date.

The 2011 amendment of this section by section 1 of chapter 89, S.L. 2011 became effective August 1, 2011.

Cross-References.

Sheriff may require fees to be paid in advance, see N.D.C.C. § 44-08-09.

11-15-15. Penalties for not reporting or turning over fees. [Repealed]

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

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

The return of the sheriff upon any process or notice is prima facie evidence of the facts stated in such return.

Source: R.C. 1895, § 1994; R.C. 1899, § 1994; R.C. 1905, § 2505; C.L. 1913, § 3392; R.C. 1943, § 11-1516.

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

Except as otherwise provided by law or order of the court, if the sheriff to whom a writ of execution or attachment is delivered neglects or refuses to levy upon or sell any property of the party charged in the writ which is liable to be levied upon or sold, which has been made known to the sheriff by the judgment creditor or the creditor’s attorney, the sheriff is liable to the creditor for all damages sustained by the creditor. The sheriff is not liable if the sheriff has not levied upon or sold property, when the sheriff’s failure to act was the result of following the directions or orders of the creditor or the creditor’s agent or attorney.

Source: R.C. 1895, § 1996; R.C. 1899, § 1996; R.C. 1905, § 2507; C.L. 1913, § 3394; R.C. 1943, § 11-1517; S.L. 1993, ch. 103, § 2.

Cross-References.

Time of commencing action against sheriff, see N.D.C.C. § 28-01-17.

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

Except as otherwise provided by law or order of the court, if the sheriff does not return a notice or process with the necessary endorsement thereon without delay, or within the time limit required by law, the sheriff is liable to the party aggrieved for all damages sustained by that party.

Source: R.C. 1895, § 1995; R.C. 1899, § 1995; R.C. 1905, § 2506; C.L. 1913, § 3393; R.C. 1943, § 11-1518; S.L. 1993, ch. 103, § 3.

Cross-References.

Time of commencing action against sheriff, see N.D.C.C. § 28-01-17.

11-15-19. Liability for failure to pay over money.

Except as otherwise provided by law or order of the court, if the sheriff neglects or refuses to pay over on demand to the persons entitled thereto any money which came into the sheriff’s hands by virtue of the sheriff’s office, after deducting the sheriff’s fees, expenses, or commissions as authorized by law or the court, the sheriff is liable to the party aggrieved for all damages sustained by that party.

Source: R.C. 1895, § 1997; R.C. 1899, § 1997; R.C. 1905, § 2508; C.L. 1913, § 3395; R.C. 1943, § 11-1519; S.L. 1993, ch. 103, § 4.

Cross-References.

Time of commencing action against sheriff, see N.D.C.C. § 28-01-17.

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

An action cannot be maintained against the sheriff for a rescue, or for an escape of a person arrested upon an execution or commitment, if, after the person’s rescue or escape and before the commencement of the action, the prisoner returns to the jail or is retaken by the sheriff.

Source: R.C. 1895, § 2000; R.C. 1899, § 2000; R.C. 1905, § 2510; C.L. 1913, § 3397; R.C. 1943, § 11-1520.

11-15-21. Service of papers other than process on sheriff.

Service of a paper, other than a process, may be made upon the sheriff by delivering it to the sheriff, to one of the sheriff’s deputies, or to a person in charge of the office during office hours, or, if no such person is there, by leaving it in a conspicuous place in the office.

Source: R.C. 1895, § 2005; R.C. 1899, § 2005; R.C. 1905, § 2515; C.L. 1913, § 3402; R.C. 1943, § 11-1521.

Cross-References.

Office provided by board of county commissioners, see N.D.C.C. § 11-10-20.

11-15-22. Service of process on sheriff.

In all actions or proceedings to which the sheriff is a party, by virtue of office or otherwise, the coroner or other peace officer of the county may serve all necessary process on the sheriff and make return thereon, and the return of the officer making service has the same credit as a sheriff’s return. The officer shall receive the same fees as a sheriff receives for like services.

Source: Pol. C. 1877, ch. 21, § 67; R.C. 1895, §§ 2006, 2008; R.C. 1899, §§ 2006, 2008; S.L. 1905, ch. 93, § 1; R.C. 1905, §§ 2516, 2518; C.L. 1913, §§ 3404, 3405; R.C. 1943, § 11-1522; S.L. 1985, ch. 151, § 7.

11-15-23. Liability of sheriff for appropriating deputy’s salary. [Repealed]

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

11-15-24. Transportation of prisoner.

The sheriff of each county shall conduct to the penitentiary all persons convicted in the county and sentenced to be confined in the penitentiary as soon as may be after conviction. The sheriff may conduct patients to the state hospital when directed to do so by the district court.

Source: S.L. 1879, ch. 23, § 41; 1883 Sp., ch. 30, § 27; 1885, ch. 57, § 1; 1885, ch. 58, § 1; 1895, ch. 111, § 1; R.C. 1895, §§ 2084, 8540; R.C. 1899, §§ 2084, 8540; S.L. 1901, ch. 196, § 1; R.C. 1905, §§ 2602, 10354; C.L. 1913, §§ 3515, 11213; S.L. 1915, ch. 245, §§ 1 to 3; 1917, ch. 173, §§ 1 to 4; 1925 Supp., §§ 3526a1 to 3526a4; S.L. 1931, ch. 275, § 1; 1941, ch. 266, §§ 1, 3; R.C. 1943, § 11-1524; S.L. 1957, ch. 196, § 4; 1957 Supp., § 11-1524; S.L. 1983, ch. 82, § 12; 1991, ch. 326, § 18.

Cross-References.

Deliver person convicted of crime to penitentiary, see N.D.C.C. § 29-27-05.

11-15-25. Fees for transporting persons committed to custody of department of corrections and rehabilitation or state hospital.

A sheriff or the sheriff’s deputy shall receive for transporting persons committed to the custody of the department of corrections and rehabilitation or to the state hospital the mileage prescribed in this chapter. The sheriff or deputy shall utilize the least expensive method of transportation, and the mileage allowed must be based only upon the use of the least expensive method of transportation and may be paid only after the filing with the county auditor of an itemized statement verified by affidavit showing the mileage traveled, the manner in which traveled, the days traveled, and the purpose of the travel and showing that the method of travel was the least expensive method of transportation. The county auditor shall submit the statement and affidavit to the board of county commissioners. The county auditor may not pay the claim until the claim is approved by the board.

Source: S.L. 1879, ch. 23, § 41; 1883 Sp., ch. 30, § 27; 1885, ch. 57, § 1; 1885, ch. 58, § 1; 1895, ch. 111, § 1; R.C. 1895, §§ 2084, 8540; R.C. 1899, §§ 2084, 8540; S.L. 1901, ch. 196, § 1; R.C. 1905, §§ 2602, 10354; C.L. 1913, §§ 3515, 11213; S.L. 1915, ch. 245, §§ 1 to 3; 1917, ch. 173, §§ 1 to 4; 1925 Supp., §§ 3526a1 to 3526a4; S.L. 1931, ch. 275, § 1; 1941, ch. 266, §§ 1, 3; R.C. 1943, § 11-1525; S.L. 1957, ch. 196, § 5; 1957 Supp., § 11-1525; S.L. 1995, ch. 120, § 3.

11-15-25.1. Fees for transporting persons who have escaped or violated probation.

A sheriff or a sheriff’s deputy shall receive the expenses incurred in the return of any person who has escaped from a state facility. Those expenses must be paid in amounts as provided by law for state officials, except that the mileage paid must be that regularly paid to the sheriff and the sheriff’s deputies. If the person to be returned is a prisoner of a state facility or is ordered returned by a district court judge, the mileage and expenses must be paid by the state.

Source: S.L. 1983, ch. 58, § 2.

11-15-26. Sheriff to deliver commitment papers to warden and receive receipt for prisoner.

The sheriff shall deliver a person sentenced to be confined in the penitentiary to the warden of the penitentiary together with a certified copy of the judgment and sentence of the court ordering the imprisonment. The warden shall deliver to the sheriff a receipt in which the warden acknowledges the delivery to the sheriff of the prisoner, naming the prisoner. The sheriff shall return such receipt to the clerk of the court in which the conviction and sentence were had, and the clerk shall file and retain the same in the clerk’s office.

Source: S.L. 1883 Sp., ch. 30, § 27; 1885, ch. 57, § 1; R.C. 1895, § 8540; R.C. 1899, § 8540; R.C. 1905, § 10354; C.L. 1913, § 11213; R.C. 1943, § 11-1526.

11-15-27. General powers of county constable — Fees. [Repealed]

Repealed by S.L. 1985, ch. 151, § 35.

11-15-28. Sheriff prohibited from collecting notes — Penalty.

No sheriff, deputy sheriff, or employee in the sheriff’s office, while holding such office or employment, may accept for collection, collect, or attempt to collect from any person, firm, or association within the county for pay, profit, or remuneration any note, account, or claim of any nature or description except as required in the performance of the duties of office. Any violation of the provisions of this section constitutes an infraction.

Source: S.L. 1941, ch. 138, §§ 1, 3; R.C. 1943, § 11-1528; S.L. 1975, ch. 106, § 82; 1985, ch. 151, § 8.

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

The board of county commissioners in each county shall provide funding of at least three hundred fifty dollars per individual per year for uniforms for the sheriff and each sheriff’s deputy. The sheriff may expend the funds for uniforms as the sheriff deems necessary and is not limited to an annual amount that may be expended for each uniform or for each individual.

Source: S.L. 1967, ch. 101, § 1; 1975, ch. 100, § 1; 1977, ch. 99, § 1; 1981, ch. 139, § 3; 2007, ch. 106, § 1.

11-15-30. Standard uniform established.

The attorney general with the advice of interested parties and associations shall prescribe a standard uniform for sheriffs and full-time deputy sheriffs.

Source: S.L. 1967, ch. 101, § 2.

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

The uniforms and parts thereof purchased by the board of county commissioners must be returned to the sheriff’s office upon termination of employment of each sheriff and sheriff’s deputy.

Source: S.L. 1967, ch. 101, § 3; 2007, ch. 106, § 2.

11-15-32. Issuance of protection and restraining orders — Duty of sheriff.

The sheriff shall notify the bureau of criminal investigation of any disorderly conduct restraining order issued against an individual in the sheriff’s county pursuant to section 12.1-31.2-01 within twenty-four hours of issuance. The notice must include any information required by the bureau of criminal investigation. The law enforcement agency shall enter the order into any information system available in the state that is used to list outstanding warrants for a period of one year or until the date of expiration or termination as specified in the order. The order is enforceable in any jurisdiction in this state.

Source: S.L. 1995, ch. 113, § 1.

11-15-33. County law enforcement officer — Jurisdiction — Fresh pursuit.

1. A county law enforcement officer employed by a county has jurisdiction within that county and up to one thousand five hundred feet [457.2 meters] outside the county.
2. A county law enforcement officer in fresh pursuit may enter another county and may continue within that county in fresh pursuit to make an arrest, in compliance with a warrant or without a warrant under the conditions of section 29-06-15, if obtaining the aid of law enforcement officers having jurisdiction in that county would cause a delay permitting escape. As used in this section, “fresh pursuit” means fresh pursuit as defined in section 29-06-07.
3. The jurisdiction limits in subsection 1 do not apply to a county law enforcement officer acting pursuant to a joint powers agreement with another jurisdiction.

Source: S.L. 2001, ch. 119, § 1; 2017, ch. 87, § 1, effective April 5, 2017.

11-16-01. Duties of the state’s attorney. [Effective through August 31, 2022]

1. The state’s attorney is the public prosecutor, and shall:
   1. Attend the district court and conduct on behalf of the state all prosecutions for public offenses.
   2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the state’s attorney has information that such offenses have been committed, and for that purpose, when the state’s attorney is not engaged in criminal proceedings in the district court, the state’s attorney shall attend upon the magistrates in cases of arrests when required by them except in cases of assault and battery and petit larceny.
   3. Attend before, and give advice to, the grand jury whenever cases are presented to it for consideration.
   4. Draw all indictments and informations.
   5. Defend all suits brought against the state or against the county.
   6. Prosecute all bonds forfeited in the courts of record of the county and prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or to the county.
   7. Deliver duplicate receipts for money or property received in the state’s attorney’s official capacity and file copies thereof with the county auditor.
   8. On the first Monday of January, April, July, and October in each year, file with the county auditor an account, verified by the state’s attorney’s oath, of all money received by the state’s attorney in an official capacity in the preceding three months, and at the same time, pay it over to the county treasurer.
   9. Give, when required and without fee, the state’s attorney’s opinion in writing to the county, district, township, and school district officers on matters relating to the duties of their respective offices.
   10. Keep a register of all official business in which must be entered a note of each action, whether civil or criminal, prosecuted officially, and of the proceedings therein.
   11. Act as legal adviser of the board of county commissioners, attend the meetings thereof when required, and oppose all claims and actions presented against the county which are unjust or illegal.
   12. Institute an action in the name of the county to recover any money paid upon the order of the board of county commissioners without authority of law as salary, fee, or for any other purpose, or any money paid on a warrant drawn by any officer to that officer’s own order or in favor of any other person without authorization by the board of county commissioners or by law.
   13. Institute an action in the name of the county to restrain the payment of any money described in any order or warrant of the kind described in subsection 13 when the state’s attorney secures knowledge of such order or warrant before the money is paid thereon.
   14. Assist the district court in behalf of the recipient of payments for child support or spousal support combined with child support in all proceedings instituted to enforce compliance with a decree or order of the court requiring such payments.
   15. Institute proceedings under chapter 25-03.1 if there is probable cause to believe that the subject of a petition for involuntary commitment is a person requiring treatment.
   16. Institute and defend proceedings under sections 14-09-12 and 14-09-19 and chapters 14-15, 27-20.1, 27-20.2, 27-20.3, 27-20.4, and 50-01 upon consultation with the human service zone director or the executive director of the department of human services.
   17. Act as the legal advisor and represent a human service zone as set forth in a plan approved under section 50-01.1-03. The state’s attorney within the human service zone, by way of agreement, shall designate a singular state’s attorney’s office, within or outside the human service zone, to act as legal advisor of the human service zone. The host county state’s attorney shall serve as the legal advisor if no agreement is reached. The agreement may not limit a state’s attorney’s individual discretion in court filings and representation.
   18. Act as the legal advisor and represent the human service zone regarding employer actions, including grievances and appeals, taken against the human service zone team member. The state’s attorney of the county by which the human service zone team member is employed shall act as the legal advisor of the human service zone, unless a different agreement is established by the affected state’s attorney.
2. The state’s attorney may not require any order of the board of county commissioners to institute an action under subdivision l or m of subsection 1.

Source: R.C. 1895, §§ 1979 to 1981; R.C. 1899, §§ 1979 to 1981; S.L. 1901, ch. 178, § 1; R.C. 1905, § 2494, subss. 1 to 8, 10, 11; C.L. 1913, § 3376, subss. 1 to 8, 10, 11; R.C. 1943, § 11-1601; S.L. 1945, ch. 161, § 1; 1965, ch. 115, § 5; 1989, ch. 148, § 1; 1989, ch. 149, § 1; 2019, ch. 391, § 1, effective January 1, 2020; 2021, ch. 245, § 1, effective July 1, 2021; 2021, ch. 353, § 1, effective August 1, 2021.

Note.

Section 11-16-01 was amended 3 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 245, Session Laws 2021, House Bill 1035; Section 9 of Chapter 352, Session Laws 2021, House Bill 1247; and Section 3 of Chapter 353, Session Laws 2021, Senate Bill 2086.

Cross-References.

Antifreeze violations, prosecution of, see N.D.C.C. § 19-16.1-12.

Charitable organizations, actions to enjoin unlawful solicitation, see N.D.C.C. § 50-22-05.

Compulsory school attendance law, enforcement of, see N.D.C.C. § 15.1-20-03.

Detective regulatory chapter, exemption from, see N.D.C.C. § 43-30-02.

Election inspectors, giving of advice to, see N.D.C.C. § 16.1-05-03.

Election of state’s attorney, see N.D.C.C. § 11-10-02.

Escheat of estate when no known heirs, see N.D.C.C. § 30.1-04-05.

Fire marshal, assisting, see N.D.C.C. § 18-01-30.

Game and fish laws, enforcement, see N.D.C.C. § 20.1-01-04.

Grand jury, duties regarding, see N.D.C.C. § 29-10.1-29.

Human services department fees for services, action to recover, see N.D.C.C. § 50-06.3-10.

Mileage, see N.D.C.C. § 11-10-15.

Oath of office, see N.D.C.C. § 11-10-09.

Office, board of county commissioners to provide, see N.D.C.C. § 11-10-20.

Representation and adviser of county committees under school district reorganization provisions, see N.D.C.C. § 15.1-10-04.

Support payments, procedures upon failure to pay, see N.D.C.C. § 14-08.1-04.

Tax law violations, assistance in prosecution, see N.D.C.C. § 57-01-02.

Term of office, see N.D.C.C. § 11-10-02.

Vacancy, see N.D.C.C. §§ 44-01-04, 44-02-04.

11-16-01. Duties of the state’s attorney. [Effective September 1, 2022]

1. The state’s attorney is the public prosecutor, and shall:
   1. Attend the district court and conduct on behalf of the state all prosecutions for public offenses.
   2. Institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses when the state’s attorney has information that such offenses have been committed, and for that purpose, when the state’s attorney is not engaged in criminal proceedings in the district court, the state’s attorney shall attend upon the magistrates in cases of arrests when required by them except in cases of assault and battery and petit larceny.
   3. Attend before, and give advice to, the grand jury whenever cases are presented to it for consideration.
   4. Draw all indictments and informations.
   5. Defend all suits brought against the state or against the county.
   6. Prosecute all bonds forfeited in the courts of record of the county and prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or to the county.
   7. Deliver duplicate receipts for money or property received in the state’s attorney’s official capacity and file copies thereof with the county auditor.
   8. On the first Monday of January, April, July, and October in each year, file with the county auditor an account, verified by the state’s attorney’s oath, of all money received by the state’s attorney in an official capacity in the preceding three months, and at the same time, pay it over to the county treasurer.
   9. Give, when required and without fee, the state’s attorney’s opinion in writing to the county, district, township, and school district officers on matters relating to the duties of their respective offices.
   10. Keep a register of all official business in which must be entered a note of each action, whether civil or criminal, prosecuted officially, and of the proceedings therein.
   11. Act as legal adviser of the board of county commissioners, attend the meetings thereof when required, and oppose all claims and actions presented against the county which are unjust or illegal.
   12. Institute an action in the name of the county to recover any money paid upon the order of the board of county commissioners without authority of law as salary, fee, or for any other purpose, or any money paid on a warrant drawn by any officer to that officer’s own order or in favor of any other person without authorization by the board of county commissioners or by law.
   13. Institute an action in the name of the county to restrain the payment of any money described in any order or warrant of the kind described in subsection 13 when the state’s attorney secures knowledge of such order or warrant before the money is paid thereon.
   14. Assist the district court in behalf of the recipient of payments for child support or spousal support combined with child support in all proceedings instituted to enforce compliance with a decree or order of the court requiring such payments.
   15. Institute proceedings under chapter 25-03.1 if there is probable cause to believe that the subject of a petition for involuntary commitment is a person requiring treatment.
   16. Institute and defend proceedings under sections 14-09-12 and 14-09-19 and chapters 14-15, 27-20.1, 27-20.2, 27-20.3, 27-20.4, and 50-01 upon consultation with the human service zone director or the executive director of the department of health and human services.
   17. Act as the legal advisor and represent a human service zone as set forth in a plan approved under section 50-01.1-03. The state’s attorney within the human service zone, by way of agreement, shall designate a singular state’s attorney’s office, within or outside the human service zone, to act as legal advisor of the human service zone. The host county state’s attorney shall serve as the legal advisor if no agreement is reached. The agreement may not limit a state’s attorney’s individual discretion in court filings and representation.
   18. Act as the legal advisor and represent the human service zone regarding employer actions, including grievances and appeals, taken against the human service zone team member. The state’s attorney of the county by which the human service zone team member is employed shall act as the legal advisor of the human service zone, unless a different agreement is established by the affected state’s attorney.
2. The state’s attorney may not require any order of the board of county commissioners to institute an action under subdivision l or m of subsection 1.

Source: R.C. 1895, §§ 1979 to 1981; R.C. 1899, §§ 1979 to 1981; S.L. 1901, ch. 178, § 1; R.C. 1905, § 2494, subss. 1 to 8, 10, 11; C.L. 1913, § 3376, subss. 1 to 8, 10, 11; R.C. 1943, § 11-1601; S.L. 1945, ch. 161, § 1; 1965, ch. 115, § 5; 1989, ch. 148, § 1; 1989, ch. 149, § 1; 2019, ch. 391, § 1, effective January 1, 2020; 2021, ch. 245, § 1, effective July 1, 2021; 2021, ch. 353, § 1, effective August 1, 2021; 2021, ch. 352, § 9, effective September 1, 2022.

11-16-01.1. Restitution collection and enforcement.

Except as provided in this section, the county and state offices performing restitution collection and enforcement activities as of April 1, 2001, shall continue to perform those activities. In counties in which a county office performs those activities, a county may transfer responsibility for the activities to another county office.

Source: S.L. 2003, ch. 89, § 1.

11-16-02. Assistant — Appointment — Duties.

The state’s attorney may appoint assistant state’s attorneys, who, when qualified by filing the required oath of office, shall have the same powers as, and shall perform any and all duties required of, the state’s attorney. The state’s attorney is responsible, under the state’s attorney’s official bond, for any and all acts of such assistant. The work of an assistant state’s attorney must be assigned by the state’s attorney.

Source: R.C. 1895, § 1987; R.C. 1899, § 1987; S.L. 1903, ch. 180, § 1; R.C. 1905, § 2498; C.L. 1913, § 3380; R.C. 1943, § 11-1602; S.L. 1971, ch. 118, § 2; 1989, ch. 140, § 2.

Cross-References.

Appointment of assistant by board of county commissioners, see N.D.C.C. § 11-10-11.

Bond of state’s attorney, see N.D.C.C. § 11-10-06.

Number of deputies, see N.D.C.C. § 11-10-11.

Salary of deputies, see N.D.C.C. § 11-10-11.

11-16-03. Person receiving receipt from state’s attorney to file the same.

Any person who shall receive duplicate receipts from the state’s attorney for moneys paid to the state’s attorney shall file one copy of each such receipt in the office of the county treasurer.

Source: S.L. 1883, ch. 43, § 8; R.C. 1895, § 1984; R.C. 1899, § 1984; R.C. 1905, § 2495; C.L. 1913, § 3377; R.C. 1943, § 11-1603.

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

Whenever the state’s attorney shall refuse or neglect to account for or pay over the public moneys received by the state’s attorney, the state’s attorney is guilty of an infraction.

Source: S.L. 1883, ch. 43, § 10; R.C. 1895, § 1985; R.C. 1899, § 1985; R.C. 1905, § 2496; C.L. 1913, § 3378; R.C. 1943, § 11-1604; S.L. 1975, ch. 106, § 83.

11-16-05. Restrictions on powers of state’s attorney — Option regarding full-time state’s attorneys — Penalty for breach of duty.

The state’s attorney shall not:

1. Present a claim, account, or other demand for allowance against the county, except for the state’s attorney’s own services, nor in any way advocate the relief asked for by the claim or demand of another.
2. Be eligible to or hold any state or federal judicial office except that of United States commissioner.
3. Receive a fee or reward from or on behalf of a prosecutor or other individual for services in any prosecution or business to which it is the state’s attorney’s official duty to attend.
4. Be concerned as attorney or counsel for any party, other than the state or county, in any civil action depending upon, or arising out of, a state of facts upon which a pending and undetermined criminal prosecution depends.
5. Be concerned as attorney or counsel for any party, other than the state or county, or other than a city within the county, when so authorized by resolution of the board of county commissioners, in any action or proceeding whatsoever when employed by a county having a population exceeding thirty-five thousand or by any other county whose board of commissioners has, by resolution, determined that the state’s attorney shall be restricted in this manner. A board of county commissioners may adopt or rescind a resolution under this subsection in any year. However, in the general election year in which the state’s attorney is to be elected, such action must be taken prior to June first. Such adoption or rescission shall not be effective during the state’s attorney’s current term of office unless agreed upon between the board and the state’s attorney.

A violation of any provision of this section shall constitute an infraction, and the offender may be removed from office.

Source: S.L. 1883, ch. 43, § 6; R.C. 1895, §§ 1982, 1983, 7634; R.C. 1899, §§ 1982, 1983, 7634; R.C. 1905, §§ 2494, subss. 12, 13, 9404; C.L. 1913, §§ 3376, subss. 12, 13, 10191; S.L. 1915, ch. 248, § 1; 1925 Supp., § 3376, subs. 13; R.C. 1943, § 11-1605; S.L. 1971, ch. 118, § 3; 1975, ch. 106, § 84; 1977, ch. 100, § 2; 1991, ch. 112, § 1; 1999, ch. 99, § 3.

Cross-References.

Removal from office, see N.D.C.C. §§ 44-10-15, 44-11-01.

11-16-06. Failure of state’s attorney to perform duty — Power of court — Appointment of acting state’s attorney.

If it shall appear, by affidavit or otherwise, to the satisfaction of a judge of the district court of the judicial district in which the county is situated, that the county has no state’s attorney, or that the state’s attorney is absent or unable to attend to the state’s attorney’s duties, or that the state’s attorney has refused or neglected to perform any of the duties prescribed in subdivisions b through f of subsection 1 of section 11-16-01, or to institute any civil suit to which the state or the county is a party after the matter has been properly brought to the attention of such state’s attorney, and that it is necessary that some act be performed, the judge shall:

1. Request the attorney general or an assistant attorney general to take charge of such prosecution or proceeding; or
2. Appoint an attorney to take charge of such prosecution or proceeding and fix the attorney’s fee therefor by an order entered upon the minutes of the court, and the attorney so appointed shall be vested with the powers of the state’s attorney for the purposes of that action, but for no other purpose, and shall be the only person authorized to proceed in such action. The fee specified in the order shall be allowed by the board of county commissioners and, if so ordered by the court, the amount of such fee shall be deducted from the salary of the state’s attorney.

Source: S.L. 1883, ch. 43, § 7; 1889, ch. 59, § 1; R.C. 1895, § 1986; R.C. 1899, § 1986; S.L. 1901, ch. 178, § 1, subs. 9; 1903, ch. 179, § 1; R.C. 1905, §§ 2494, subs. 9, 2497; C.L. 1913, §§ 3376, subs. 9, 3379; R.C. 1943, § 11-1606; 2021, ch. 353, § 2, effective August 1, 2021.

11-16-07. District judge may appoint special counsel to assist state’s attorney — Compensation.

The judge of the district court may appoint special counsel to assist the state’s attorney in any important case. The county for which the services were rendered shall pay such special counsel a reasonable fee therefor to be approved by the court.

Source: R.C. 1895, § 1988; R.C. 1899, § 1988; R.C. 1905, § 2499; C.L. 1913, § 3381; R.C. 1943, § 11-1607.

11-16-08. County commissioners may employ special counsel for the county.

The board of county commissioners, in cases of public importance and with the advice and consent of the state’s attorney, may employ additional counsel to assist the state’s attorney. Such counsel shall receive such compensation as may be agreed upon between the parties.

Source: S.L. 1901, ch. 178, § 1, subs. 9; R.C. 1905, § 2494, subs. 9; C.L. 1913, § 3376, subs. 9; R.C. 1943, § 11-1608.

11-16-09. State’s attorney’s contingent fund.

The board of county commissioners shall set aside from any funds in the county treasury not specifically appropriated or set aside for any other purpose the following sum of money to be used by the state’s attorney of the county as a contingent fund for the purpose of defraying the necessary expenses that are not otherwise provided for in securing evidence, investigating criminal cases, and furthering justice:

1. Not less than five hundred dollars and not more than one thousand dollars in counties having a population of ten thousand inhabitants or less.
2. Not less than one thousand dollars and not more than one thousand five hundred dollars in counties having a population of more than ten thousand and not more than twenty thousand inhabitants.
3. Not less than one thousand five hundred dollars and not more than two thousand dollars in counties having a population of more than twenty thousand inhabitants.

Source: S.L. 1907, ch. 76, § 1; C.L. 1913, § 3382; S.L. 1927, ch. 121, § 1; R.C. 1943, § 11-1609; S.L. 1969, ch. 136, § 1.

11-16-10. Use of state’s attorney’s contingent fund.

The state’s attorney may incur expenses in securing evidence and investigating criminal cases, so far as is necessary, to the amount annually appropriated by the board of county commissioners to the state’s attorney’s contingent fund.

Source: S.L. 1907, ch. 76, § 2; C.L. 1913, § 3383; R.C. 1943, § 11-1610; S.L. 2013, ch. 92, § 5.

Effective Date.

The 2013 amendment of this section by section 5 of chapter 92, S.L. 2013 became effective August 1, 2013.

Cross-References.

Use of funds by attorney general, see N.D.C.C. § 54-12-03.

11-16-11. District judge to require statement before approving order for payment from state’s attorney’s contingent fund. [Repealed]

Repealed by S.L. 2013, ch. 92, § 9.

Effective Date.

The repeal of this section by section 9 of chapter 92, S.L. 2013 became effective August 1, 2013.

11-16-12. Statement of expense paid from state’s attorney’s contingent fund to be filed. [Repealed]

Repealed by S.L. 2013, ch. 92, § 9.

Effective Date.

The repeal of this section by section 9 of chapter 92, S.L. 2013 became effective August 1, 2013.

11-16-13. Warrants on state’s attorney’s contingent fund.

All disbursements from the state’s attorney’s contingent fund must be made in the usual manner by the county treasurer upon the warrant of the county auditor. The auditor’s warrant must be executed and delivered in the amount and to the person designated by the order of the state’s attorney.

Source: S.L. 1907, ch. 76, § 3; C.L. 1913, § 3384; R.C. 1943, § 11-1613; S.L. 2013, ch. 92, § 6.

Effective Date.

The 2013 amendment of this section by section 6 of chapter 92, S.L. 2013 became effective August 1, 2013.

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

Any sum remaining in the state’s attorney’s contingent fund on the thirty-first day of December of each year shall be transferred by the county auditor to the general fund of the county.

Source: S.L. 1907, ch. 76, § 6; 1909, ch. 69, § 1; C.L. 1913, § 3386a; R.C. 1943, § 11-1614.

11-16-15. Criminal act causing death — Felony — Inquiry — State’s attorney may subpoena witnesses.

If a state’s attorney is aware of any violation or criminal act causing a death or has reason to believe a felony has been committed, the state’s attorney may, prior to a crime being charged, inquire into the facts of the violation or criminal act, and, with the consent and approval of the district judge of the county, for such purpose the state’s attorney may issue a subpoena for any person who the state’s attorney has reason to believe has any information or knowledge of the violation, to appear at a time and place designated in such subpoena to testify concerning the violation. The subpoena must be directed to the sheriff of the county and must be served and returned to the state’s attorney in the same manner as subpoenas are served and returned in criminal cases. Each witness must be sworn to testify under oath and to make true answer to all questions which may be propounded to the witness by the state’s attorney touching the violation or criminal act. The testimony of every witness must be reduced to writing and must become a part of the coroner’s files in the case of a death and of the state’s attorney’s files in all other cases. For all purposes in this section, the state’s attorney may:

1. Administer oaths or affirmations to all witnesses.
2. Apply to the district court for the punishment of any witness for contempt for any disobedience of a subpoena, a refusal to be sworn or to answer as a witness, or a refusal to sign testimony of the witness.
3. Compel the attendance of witnesses under the North Dakota Rules of Criminal Procedure. Any witness compelled to testify under this section is entitled to counsel and all other constitutional rights.

Source: S.L. 1973, ch. 92, § 1; 1979, ch. 167, § 1; 1985, ch. 151, § 9.

11-18-01. Recorder’s duties — Recording and filing instruments — Abstracts.

The recorder shall:

1. Keep a full and true record, in proper books or other storage media provided for that purpose, of each patent, deed, mortgage, bill of sale, security agreement, judgment, decree, lien, certificate of sale, and other instrument required to be filed or admitted to record, if the person offering the instrument for filing or recording pays to the recorder the fees provided by law for the filing or recording.
2. Endorse upon each instrument filed with the recorder for record or otherwise the date and the hour and minute of the day of the filing or recording.
3. When the instrument is recorded or filed, endorse on the instrument the book and page or document number, the date, and the hour and minute of the date when it was recorded or filed with the recorder.

Source: Pol. C. 1877, ch. 21, § 57; S.L. 1881, ch. 1, § 1; R.C. 1895, §§ 1953, 2079, subs. 5; S.L. 1897, ch. 124, § 1; R.C. 1899, §§ 1952, 2079, subs. 5; S.L. 1901, ch. 185, § 1; R.C. 1905, §§ 2138, 2450, 2597, subs. 5; S.L. 1911, ch. 257, § 1; C.L. 1913, §§ 2922, 3330, 3511, subss. 5, 12; R.C. 1943, § 11-1801; S.L. 1965, ch. 296, § 5; 1983, ch. 153, § 1; 1985, ch. 472, § 1; 1993, ch. 54, § 106; 1999, ch. 108, § 1; 2001, ch. 120, § 1; 2013, ch. 257, § 1; 2015, ch. 372, § 1; 2017, ch. 88, § 1, eff for taxable years beginning after December 31, 2016.

Effective Date.

The 2013 amendment of this section by section 1 of chapter 257, S.L. 2013 becomes effective August 1, 2016, or earlier (See contingency note below).

Note.

Ch. 372 amends chapter 257 of 2013 to provide a new effective date, August 1, 2016.

Section 50 of chapter 257, S.L. 2013 provides: “CONTINGENT EFFECTIVE DATE. Sections 1 through 27 and sections 29 through 47 of this Act become effective August 1, 2015, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this Act, in which case those sections become effective ninety days following the completion of the certificate requirement.”

Cross-References.

Administer oaths, see N.D.C.C. § 44-05-01.

Bankruptcy petition, decree or order, recording, see N.D.C.C. § 47-19-53.

Bill of sale, filing, see N.D.C.C. § 47-19-50.

Bond of recorder, see N.D.C.C. § 11-10-06.

Central filing of documents, see N.D.C.C. § 11-10-20.

Deputies, see N.D.C.C. § 11-10-11.

Election of recorder, see N.D.C.C. § 11-10-02.

Farm name, registration, see N.D.C.C. § 47-19-47.

Homestead, declaration, recording, see N.D.C.C. § 47-18-20.

Homestead, order of sale or mortgage, recording, see N.D.C.C. § 47-18-25.

Liens, filed by recorder, see N.D.C.C. § 35-01-09.

Master mortgage, recording of, see N.D.C.C. ch. 47-29.

Mileage of recorder, see N.D.C.C. § 11-10-15.

Oath of office, see N.D.C.C. § 11-10-09.

Office, board of county commissioners to provide, see N.D.C.C. § 11-10-20.

Patents on land, recording, see N.D.C.C. § 15-08-17.

Recording instruments, see N.D.C.C. ch. 47-19.

Salary, see N.D.C.C. § 11-10-10.

Secured transactions, filing of office, see N.D.C.C. § 41-09-72.

Survey corner records, filing of, see N.D.C.C. § 47-20.1-06.

Vacancy in office, see N.D.C.C. §§ 44-01-04, 44-02-01, 44-02-04.

11-18-01.1. Recorder to be substituted for register of deeds.

Whenever the term “register of deeds” appears in the North Dakota Century Code, the term “recorder” or “county recorder”, whichever is appropriate, must be substituted therefor. The recorder must be substituted for, take any actions previously taken by, and perform all duties previously performed by the register of deeds.

Source: S.L. 2001, ch. 120, § 1.

11-18-02. Recorder not to record certain instruments unless they bear auditor’s certificate of transfer.

Except as otherwise provided in section 11-18-03, the recorder shall refuse to receive or record any deed, contract for deed, plat, replat, patent, auditor’s lot, or any other instrument that changes the current property description unless there is entered thereon a certificate of the county auditor showing that a transfer of the lands described therein has been entered and that the delinquent and current taxes and delinquent and current special assessments against the land described in such instrument have been paid, or if the land has been sold for taxes, that the delinquent taxes and special assessments have been paid by sale of the land, or that the instrument is entitled to record without regard to taxes. The recorder may not record any deed for property on which the county auditor has determined that there is an unsatisfied lien created under section 57-02-08.3.

Source: S.L. 1897, ch. 126, § 95; 1899, ch. 135, § 1; R.C. 1899, § 1278; S.L. 1901, ch. 144, § 1; 1903, ch. 167, § 1; R.C. 1905, § 1597; S.L. 1907, ch. 219, § 1; 1911, ch. 302, § 1; 1913, ch. 115, § 1; C.L. 1913, § 2212; S.L. 1915, ch. 252, § 1; 1925, ch. 211, § 1; 1925 Supp., § 2212; S.L. 1927, ch. 271, § 1; 1931, ch. 121, § 1; 1941, ch. 139, § 1; R.C. 1943, § 11-1802; S.L. 1983, ch. 150, § 3; 1993, ch. 100, § 2; 2001, ch. 120, § 1; 2005, ch. 545, § 2.

Cross-References.

Auditor’s certificate of taxes paid on deeds and patents, see N.D.C.C. § 11-13-12.

Certificate on conveyances to Bank of North Dakota, see N.D.C.C. § 11-13-14.

11-18-02.1. Duty of recorder to notify county auditor of certain transactions — Correction of tax rolls by county auditor.

The recorder shall notify the county auditor of the filing of deeds, patents, plats, and vacations of plats, streets, or roads at the time such documents are filed in the recorder’s office. The county auditor shall correct the tax rolls and any other records in the auditor’s office in order that the auditor’s records will be current for the purpose of the preparation of real property assessment books.

Source: S.L. 1973, ch. 95, § 1; 2001, ch. 120, § 1.

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

1. Any grantee or grantee’s authorized agent who presents a deed in the office of the county recorder shall certify on the face of the deed one of the following:
   1. A statement of the full consideration paid for the property conveyed.
   2. A statement designating one of the exemptions in subsection 6 which the grantee believes applies to the transaction.
2. Any party who presents an affidavit of affixation to real property of a manufactured home in the office of the county recorder in accordance with section 47-10-27 and who acquired the manufactured home before the affixation of the manufactured home to the real property shall either contain in or present in addition to the affidavit of affixation a statement of the full consideration paid by the party for the manufactured home before the affixation.
3. The recorder may not record any deed unless the deed complies with subsection 1 or record any affidavit of affixation unless the affidavit complies with subsection 2.
4. The state board of equalization shall prescribe the necessary forms for the statements and reports to be used in carrying out this section, and the forms must contain a space for the explanation of special circumstances that may have contributed to the amount of the consideration.
5. For purposes of subsection 1, the word “deed” means an instrument or writing whereby any real property or interest therein is granted, conveyed, or otherwise transferred to the grantee, purchaser, or other person, except any instrument or writing that transfers any ownership in minerals or interests in minerals underlying land if that ownership has been severed from the ownership of the overlying land surface or any instrument or writing for the easement, lease, or rental of real property or any interest therein.
6. This section does not apply to deeds transferring title to the following types of property, or to deeds relating to the following transactions:
   1. Property owned or used by public utilities.
   2. Property classified as personal property.
   3. A sale when the grantor and the grantee are of the same family or corporate affiliate, if known.
   4. A sale that resulted as a settlement of an estate.
   5. All forced sales, mortgage foreclosures, and tax sales.
   6. All sales to or from religious, charitable, or nonprofit organizations.
   7. All sales when there is an indicated change of use by the new owners.
   8. All transfer of ownership of property for which is given a quitclaim deed.
   9. Sales of property not assessable by law.
   10. Agricultural lands of less than eighty acres [32.37 hectares].
   11. A transfer that is pursuant to a judgment.
7. Any person that, in the statements provided for in subsection 1 or subsection 2, willfully falsifies the consideration paid for the transferred real property or the manufactured home, as applicable, or interest therein is guilty of a class B misdemeanor.

Source: S.L. 1981, ch. 564, § 4; 1991, ch. 113, § 1; 2001, ch. 120, § 1; 2009, ch. 327, § 1; 2013, ch. 95, § 1; 2015, ch. 93, § 1, effective August 1, 2015; 2017, ch. 90, § 1, effective August 1, 2017; 2017, ch. 89, § 1, effective August 1, 2017; 2019, ch. 275, § 1, effective August 1, 2019.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 93, S.L. 2015 became effective August 1, 2015.

The 2013 amendment of this section by section 1 of chapter 95, S.L. 2013 became effective August 1, 2013.

Note.

Section 11-18-02.2 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 90, Session Laws 2017, House Bill 1356; and Section 1 of Chapter 89, Session Laws 2017, House Bill 1250.

11-18-03. Instruments entitled to record without regard to taxes.

The following instruments may be recorded by the recorder without the auditor’s certificate referred to in section 11-18-02:

1. A sheriff’s or referee’s certificate of sale on execution or on foreclosure of a mortgage.
2. A mineral deed conveying oil, gas, and other minerals in or under the surface of lands.
3. A personal representative’s deed or any document terminating joint tenancy or a life estate or any judgment or decree affecting title to real estate, which must be presented to the auditor’s office prior to being placed of record in order to allow the auditor to make such changes in the tax rolls of the auditor’s office as may be necessary.
4. Any deed conveying to the state, or to any political subdivision or municipal corporation thereof, any right of way for use as a public street, alley, or highway.
5. Any plat, replat, or auditor’s lot accompanied by a resolution requesting the recording of the plat, replat, or auditor’s lot by the governing body of a political subdivision.
6. A statement of succession in interest to minerals deemed to be abandoned under chapter 38-18.1.
7. A transfer on death deed or revocation instrument authorized under chapter 30.1-32.1.

Source: S.L. 1897, ch. 126, § 95; 1899, ch. 135, § 1; R.C. 1899, § 1278; S.L. 1901, ch. 144, § 1; 1903, ch. 167, § 1; R.C. 1905, § 1597; S.L. 1907, ch. 219, § 1; 1911, ch. 302, § 1; 1913, ch. 115, § 1; C.L. 1913, § 2212; S.L. 1915, ch. 252, § 1; 1925, ch. 211, § 1; 1925 Supp., § 2212; S.L. 1927, ch. 271, § 1; 1931, ch. 121, § 1; 1941, ch. 139, § 1; R.C. 1943, § 11-1803; S.L. 1955, ch. 114, § 1; 1957 Supp., § 11-1803; S.L. 1963, ch. 114, § 1; 1985, ch. 164, § 1; 2001, ch. 120, § 1; 2005, ch. 103, § 1; 2007, ch. 313, § 1; 2015, ch. 93, § 2, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 93, S.L. 2015 became effective August 1, 2015.

Cross-References.

Bank of North Dakota, auditor’s certificate on conveyances to, see N.D.C.C. § 11-13-14.

11-18-04. Seal of recorder.

The recorder shall maintain a seal and make an impression of the same upon each instrument to which the recorder attaches the recorder’s official signature. The seal shall bear the following inscription: Recorder of _______________________________________ County.

Source: S.L. 1883, ch. 95, § 1; R.C. 1895, § 1953; R.C. 1899, § 1953; R.C. 1905, § 2451; C.L. 1913, § 3331; R.C. 1943, § 11-1804; 2001, ch. 120, § 1.

11-18-05. Fees of recorder.

The recorder shall charge and collect the following fees:

1. For recording an instrument affecting title to real estate:
   1. Deeds, mortgages, and all other instruments not specifically provided for in this subsection, twenty dollars for documents containing one to six pages and sixty-five dollars for documents containing more than six pages plus three dollars for each additional page after the first twenty-five pages. In addition, for all documents recorded under this section that list more than ten sections of land, a fee of one dollar for each additional section listed which is to be recorded in the tract index. Three dollars of the fee collected for each instrument recorded under this subdivision must be placed in the document preservation fund.
      1. “Page” means one side of a single legal size sheet of paper not exceeding eight and one-half inches [21.59 centimeters] in width and fourteen inches [35.56 centimeters] in length.
      2. The printed, written, or typed words must be considered legible by the recorder before the page will be accepted for recording and, unless the form was issued by a government agency, must have a font size equal to or larger than ten point calibri.
      3. Each real estate instrument must have a legal description considered to be adequate by the recorder before such instrument will be accepted for recording.
      4. A space of at least three inches [7.62 centimeters] must be provided across the top of the first page of each instrument for the recorder’s recording information. If a space of at least three inches [7.62 centimeters] is not provided across the top of the first page, the recorder shall add a page, and an additional page charge must be levied in accordance with the fee structure.
   2. Instruments satisfying, releasing, assigning, subordinating, continuing, amending, or extending more than ten instruments previously recorded in the county in which recording is requested, a fee of twenty dollars for documents containing one to six pages, sixty-five dollars for documents containing more than six pages plus three dollars for each additional page after the first twenty-five pages, and three dollars for each additional document number or book and page after the first ten referenced instruments. In addition, for all documents recorded under this section which list more than ten separate sections of land, a fee of one dollar for each additional section listed which is to be recorded in the tract index. Three dollars of the fee collected for each instrument recorded under this subdivision must be placed in the document preservation fund.
   3. Plats, twenty dollars for twenty lots or fewer and fifty dollars for more than twenty lots.
   4. All instruments presented for recording after June 30, 2001, must contain a one-inch [2.54-centimeter] top, bottom, or side margin on each page of the instrument for the placement of computerized recording labels. An instrument that does not conform to this margin requirement may be recorded upon payment of an additional fee of ten dollars.
2. For filing any instrument, ten dollars.
3. For making certified copies of any recorded instrument or filed instrument, the charge is five dollars for the first page and two dollars for each additional page. For making a noncertified copy of any recorded instrument or filed instrument, a fee of not more than one dollar per instrument page. For providing any electronic data extracted from the recorded instrument, a fee of not more than fifty cents per instrument.
4. The recorder may establish procedures for providing access for duplicating records under the recorder’s control. Such records include paper, photostat, microfilm, microfiche, and electronic or computer-generated instruments created by governmental employees.
5. Duplicate recorders’ records stored offsite as a security measure are not accessible for reproduction.

Source: S.L. 1953, ch. 113, § 1, subs. B; 1957, ch. 110, § 1; R.C. 1943, 1957 Supp., § 11-1805; S.L. 1965, ch. 296, § 6; 1973, ch. 96, § 1; 1977, ch. 101, § 1; 1983, ch. 154, § 1; 1987, ch. 155, § 1; 1989, ch. 151, § 1; 1991, ch. 114, § 1; 1993, ch. 106, § 1; 1999, ch. 109, § 1; 2001, ch. 120, § 1; 2001, ch. 121, §§ 2, 3; 2001, ch. 361, § 1; 2005, ch. 104, § 1; 2011, ch. 90, § 1; 2013, ch. 257, § 2; 2013, ch. 258, § 1; 2015, ch. 372, § 1; 2017, ch. 91, § 1, effective July 1, 2017.

Effective Date.

The 2013 amendment of this section by section 2 of chapter 257, S.L. 2013 becomes effective August 1, 2016, or earlier (See contingency note below).

The 2013 amendment of this section by section 1 of chapter 258, S.L. 2013 became effective July 1, 2013.

The 2011 amendment of this section by section 1 of chapter 90, S.L. 2011 became effective August 1, 2011.

Note.

Ch. 372 amends chapter 257 of 2013 to provide a new effective date, August 1, 2016.

Section 11-18-05 was amended 2 times by the 2013 Legislative Assembly. Pursuant to section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in section 2 of chapter 257, Session Laws 2013, House Bill 1136; and section 1 of chapter 258, Session Laws 2013, Senate Bill 2128.

Section 50 of chapter 257, S.L. 2013 provides: “CONTINGENT EFFECTIVE DATE. Sections 1 through 27 and sections 29 through 47 of this Act become effective August 1, 2015, or earlier if the secretary of state makes a report to the legislative management and to the information technology committee certifying that the information technology components of the electronic filing system are ready for implementation of those provisions of this Act, in which case those sections become effective ninety days following the completion of the certificate requirement.”

Cross-References.

Fees turned over to county treasurer, see N.D.C.C. § 11-10-14.

Require fees to be paid in advance, see N.D.C.C. § 44-08-09.

11-18-05.1. Additional recording fees — Severed mineral interests. [Repealed]

Repealed by S.L. 1977, ch. 101, § 10.

11-18-06. Recorder to keep an accounting record of fees — Monthly reports.

The recorder shall maintain an accounting record of fees for services rendered. Within three days after the close of each calendar month and also at the end of the recorder’s term of office, the recorder shall file with the county auditor a statement under oath showing the fees that the recorder has received as the recorder since the date of the recorder’s last report.

Source: S.L. 1891, ch. 52, § 4; R.C. 1895, § 2076; R.C. 1899, § 2076; R.C. 1905, § 2595; C.L. 1913, § 3509; R.C. 1943, § 11-1806; S.L. 1975, ch. 106, § 86; 1999, ch. 108, § 2; 2001, ch. 120, § 1.

11-18-07. Tract indexes to be kept for transfers and for liens — Form of indexes.

The recorder shall keep a tract index of the deeds, contracts, and other instruments that are not merely liens and a tract index of the mortgages and other liens affecting or relating to the title to real property. The indexes must be in substantially the following forms:

FORM OF TRACT INDEX TO CITY PROPERTY BLOCK NO. 1, IN No.ofLot Vol. PageorDocu-mentNo. Vol. PageorDocu-mentNo. Vol. PageorDocu-mentNo. Vol. PageorDocu-mentNo. Vol. PageorDocu-mentNo. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Click to view

FORM OF SECTIONAL SYSTEM OF TRACT INDEX TO REALESTATE TOWNSHIP NO. RANGE NO. SECTION NO. No. ofSection QuarterSection Part QuarterSection Vol. PageorDocu-mentNo. Vol. PageorDocu-mentNo. Vol. PageorDocu-mentNo. 1 N.E. N.E. quarter N.W. quarter S.W. quarter S.E. quarter N.W. N.E. quarter N.W. quarter S.W. quarter S.E. quarter S.W. N.E. quarter N.W. quarter S.W. quarter S.E. quarter S.E. N.E. quarter N.W. quarter S.W. quarter S.E. quarter

Click to view

Source: Pol. C. 1877, ch. 21, §§ 58, 59; R.C. 1895, §§ 1954, 1955; R.C. 1899, §§ 1954, 1955; R.C. 1905, §§ 2452, 2453; C.L. 1913, §§ 3332, 3333; R.C. 1943, § 11-1807; S.L. 1999, ch. 108, § 3; 2001, ch. 120, § 1.

Cross-References.

Water permits and orders affecting water rights, indexing, see N.D.C.C. § 61-04-26.

11-18-08. Separate grantor and grantee indexes to be kept for transfers and liens — Contents.

The recorder shall keep separate grantor and grantee indexes of the deeds, contracts, and other instruments not merely liens, and separate grantor and grantee indexes of the mortgages and other instruments which are liens affecting or relating to the title to real property. Such indexes shall show:

1. The names of the grantors and of the grantees.
2. The dates of the several instruments filed for record.
3. The dates upon which the several instruments are filed.
4. An abbreviated description of the real property affected by such instruments.
5. The number of the book and page where the instrument is recorded or the document number of the instrument.

Source: S.L. 1887, ch. 134, §§ 1, 2; R.C. 1895, §§ 1956, 1957; R.C. 1899, §§ 1956, 1957; R.C. 1905, §§ 2454, 2455; C.L. 1913, §§ 3334, 3335; R.C. 1943, § 11-1808; S.L. 1979, ch. 168, § 1; 2001, ch. 120, § 1.

11-18-09. Document to be numbered — Priority of filing.

The recorder, when any deed, patent, mortgage, receiver’s receipt, contract, notice of lis pendens, copy of decree, or other instrument affecting the title to, or creating a lien upon, any real estate within the county is filed in the recorder’s office, shall write or stamp thereon immediately a document number. Document numbers shall commence with the number one in each county and shall follow consecutively in the order of filing of the various documents. Priority of the document number on an instrument shall be prima facie evidence of the priority of the filing thereof. When the recorder receives by mail or other like enclosure more than one instrument at a time, the recorder shall affix document numbers thereon in the order in which such instruments actually come to the recorder’s hand on opening such enclosure, save that when more than one instrument is recorded from the same source at the same time, the recorder may follow such directions, if any, as the sender may give in such numbering.

Source: R.C. 1895, § 1958; R.C. 1899, § 1958; R.C. 1905, § 2456; C.L. 1913, § 3336; R.C. 1943, § 11-1809; S.L. 2001, ch. 120, § 1.

11-18-10. Recorder to keep reception record — Contents.

The recorder shall keep a record known as “The Reception Record”. The record must be ruled in parallel columns showing:

1. The document number.
2. The date of recording.
3. The name of the grantor.
4. The name of the grantee.
5. The character of the instrument.
6. The book and page or document number upon which the instrument is recorded.
7. The name of the person to whom the instrument was returned.
8. A brief description of the property, if any, described in the instrument.

Immediately after any document or paper of a kind mentioned in section 11-18-09 is numbered, it must be entered in the reception record. The reception record must be a part of the public records of the office and open to public inspection during office hours.

Source: R.C. 1895, § 1959; R.C. 1899, § 1959; R.C. 1905, § 2457; C.L. 1913, § 3337; R.C. 1943, § 11-1810; S.L. 1999, ch. 108, § 4; 2001, ch. 120, § 1.

11-18-11. Recorder to record instruments.

When an instrument affecting the title to or creating a lien upon real estate within the county is numbered and entered in the reception record and indexed, it must be recorded or filed as provided by law. The recorder shall provide recording information on the instrument as required by paragraph 4 of subdivision a of subsection 1 of section 11-18-05 and shall authenticate the information with an official signature and the official seal of the office as required by section 11-18-04.

Source: R.C. 1895, § 1960; R.C. 1899, § 1960; R.C. 1905, § 2458; C.L. 1913, § 3338; R.C. 1943, § 11-1811; 1999, ch. 108, § 5; S.L. 1999, ch. 109, § 2; 2001, ch. 120, § 1.

11-18-12. Record, when complete — Penalty for alteration. [Repealed]

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

11-18-13. Indexing and filing security agreements.

The provisions of sections 11-18-09, 11-18-10, and 11-18-11 shall not extend to, nor cover the indexing and filing of, a financing statement. Such instrument shall be indexed and filed as provided in chapter 41-09.

Source: R.C. 1895, § 1962; R.C. 1899, § 1962; R.C. 1905, § 2460; C.L. 1913, § 3340; R.C. 1943, § 11-1813; S.L. 1965, ch. 296, § 7.

Cross-References.

Secured transactions, numbering, maintaining and indexing records, see § 41-09-90.

11-18-14. Recorder to remove and destroy certain documents — Records to be made.

The recorder in each county in this state, unless otherwise earlier permitted by law, shall remove from the files in the recorder’s office, and destroy, all chattel mortgages, agricultural processor’s liens, agricultural supplier’s liens, agister’s liens, mechanic’s liens, repairman’s liens, unpaid earned insurance premium liens, and sales contracts together with any releases for the instrument upon which a claim for relief has accrued and which claim for relief is more than ten years old. At the time of destroying the files the recorder shall note on the margin of the index opposite the record of each instrument so removed and destroyed the date when the instrument was destroyed.

Source: S.L. 1935, ch. 164, §§ 1, 2; R.C. 1943, § 11-1814; S.L. 1961, ch. 126, § 1; 1965, ch. 296, § 8; 1985, ch. 82, § 21; 1985, ch. 384, § 1; 1987, ch. 412, § 1; 1991, ch. 449, § 1; 1997, ch. 51, § 3; 2001, ch. 120, § 1.

11-18-15. Notary seal on documents filed with recorder — Stamp or imprint allowed.

The notary seal on any document filed with a recorder may be:

1. In either a stamped or an imprinted form; or
2. An official stamp, as defined in section 44-06.1-01.

Source: S.L. 1973, ch. 97, § 1; 2001, ch. 120, § 1; 2019, ch. 376, § 1, effective August 1, 2019.

11-18-16. Buried transmission facilities — Filing notice thereof. [Repealed]

Repealed by S.L. 1995, ch. 455, § 8.

11-18-17. Establishment of a county card file system. [Repealed]

Repealed by S.L. 1995, ch. 455, § 8.

11-18-18. Request of exact location from owner of facilities — Owner to provide location information. [Repealed]

Repealed by S.L. 1995, ch. 455, § 8.

11-18-19. Injury or damage to the facility — Civil cause of action. [Repealed]

Repealed by S.L. 1995, ch. 455, § 8.

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

Repealed by S.L. 1995, ch. 455, § 8.

11-18-21. Alteration of existing boundary lines by court or arbitrator — Filing of plat required.

Within thirty days of the issuance of any judgment or final decision in a court action or arbitration proceeding which establishes a boundary for real property that deviates from the existing boundaries established by the United States public land surveys, surveys using the North Dakota coordinate system, or any other official survey depicting the boundaries of real property, a plat must be filed in the office of the recorder in the county where the property is located, containing a diagrammatic depiction of the boundary as it existed prior to the judgment or final decision, and as established by the judgment or final decision. The plat must be prepared by a land surveyor registered pursuant to chapter 43-19.1. The plat must be filed in the same manner as provided in section 47-20.1-06 and must clearly indicate that it depicts changes in existing boundaries ordered by the judgment of a court or the final decision of an arbitrator. Specific reference to the property affected must appear prominently in the title of the plat. Liability for the costs and responsibility for filing of the plat must be set by the court or arbitrator issuing the judgment or final decision. The requirements of this section are in addition to any other filing or recordation otherwise required in this state.

Source: S.L. 1985, ch. 165, § 1; 2001, ch. 120, § 1.

11-18-22. Document preservation fund.

The county treasurer shall establish a document preservation fund to receive the portion of the recording fees authorized by section 11-18-05. The revenue in this fund may be used only for contracting for and purchasing equipment and software for a document preservation, storage, and retrieval system; training employees to operate the system; maintaining and updating the system; and contracting for the offsite storage of microfilm or electronic duplicates of documents for the county recorder’s office.

Source: S.L. 2001, ch. 121, § 1; 2005, ch. 104, § 2.

11-18-22.1. Document preservation fund — Recorder reporting requirement to legislative council. [Repealed]

Expired under S.L. 2005, ch. 104 § 4.

11-18-23. Filing or recording documents with recorder — Social security numbers.

1. A document that includes a social security number may not be filed or recorded with the recorder unless a law requires the social security number to be in the document in order to be filed or recorded. A document that is required to contain a social security number may be recorded in the real estate records with the social security number redacted.
2. Notwithstanding any other provision of law, when a copy of a document that includes a social security number is requested, the recorder is not required to redact the social security number unless the document was filed or recorded with the recorder after December 1, 2003.
3. A document that must include a social security number under chapters 14-03 and 23-02.1 may be processed and recorded under those chapters; however, the social security number is confidential and must be redacted before a copy or certified copy may be provided to the public.

Source: S.L. 2003, ch. 382, § 1.

11-19-01. Coroner to act as sheriff. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-02. When coroner to hold inquest. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-02.1. Sheriff or highway patrolman may call nearest available coroner. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-03. If inquest not held — Certificate filed. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-04. Peace officer to be summoned — Warrant issued to summon jurors. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-05. Form of warrant to summon coroner’s jury. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-06. Completing coroner’s jury. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-07. Oath of members of coroner’s jury. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-08. Subpoenas for witnesses — Fees — Contempts. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-09. State forensic examiner may be summoned as expert — Compensation. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-10. Oath to witnesses before coroner’s jury. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-11. Return by coroner’s jury — Form. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-12. Name of accused not to be disclosed. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-13. Coroner may order arrest. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-14. Warrant returnable to a district judge. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-15. Warrant of coroner to recite verdict and is foundation for proceedings of judge. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-16. Testimony at coroner’s inquest to be reduced to writing — Records filed. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-17. Filing of coroner proceedings. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-18. Disposition of body. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-19. Acting coroner. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-20. Coroner to deliver property found on body to treasurer. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-21. Disposition of money and property delivered to treasurer by coroner. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-22. Money paid to legal representative of deceased — When and how. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-23. Fees to be charged by coroner. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-24. Coroner must file statement showing disposition of property found by the coroner. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-25. Coroner’s fees paid out of county treasury — Duty of county auditor. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19-26. Fees — How paid in case of murder or manslaughter. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19.1-01. Definitions. [Effective through August 31, 2022]

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

1. “Autopsy” means the inspection or dissection of a deceased human body and retention of organs, tissue, or fluids for diagnostic, educational, public health, or research purposes.
2. “Casualty” means death arising from accidental or unusual means.
3. “City” means a city organized under the laws of this state.
4. “Physician” includes physicians and surgeons licensed under chapter 43-17.
5. “Reportable circumstances” includes one or more of the following factors:
   1. Obvious or suspected homicidal, suicidal, or accidental injury;
   2. Firearm injury;
   3. Severe, unexplained injury;
   4. Occupant or pedestrian motor vehicle injury;
   5. An injury to a minor;
   6. Fire, chemical, electrical, or radiation;
   7. Starvation;
   8. Unidentified or skeletonized human remains;
   9. Drowning;
   10. Suffocation, smothering, or strangulation;
   11. Poisoning or illegal drug use;
   12. Prior child abuse or neglect assessment concerns;
   13. Open child protection service case on the victim;
   14. Victim is in the custody of the department of human services, county social services, the department of corrections and rehabilitation or other correctional facility, or law enforcement;
   15. Unexplained death or death in an undetermined manner;
   16. Suspected sexual assault; or
   17. Any other suspicious factor.

Source: S.L. 1955, ch. 115, § 1; R.C. 1943, 1957 Supp., § 11-19A01; S.L. 1995, ch. 116, § 1; 2009, ch. 212, § 1.

11-19.1-01. Definitions. [Effective September 1, 2022]

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

1. “Autopsy” means the inspection or dissection of a deceased human body and retention of organs, tissue, or fluids for diagnostic, educational, public health, or research purposes.
2. “Casualty” means death arising from accidental or unusual means.
3. “City” means a city organized under the laws of this state.
4. “Physician” includes physicians and surgeons licensed under chapter 43-17.
5. “Reportable circumstances” includes one or more of the following factors:
   1. Obvious or suspected homicidal, suicidal, or accidental injury;
   2. Firearm injury;
   3. Severe, unexplained injury;
   4. Occupant or pedestrian motor vehicle injury;
   5. An injury to a minor;
   6. Fire, chemical, electrical, or radiation;
   7. Starvation;
   8. Unidentified or skeletonized human remains;
   9. Drowning;
   10. Suffocation, smothering, or strangulation;
   11. Poisoning or illegal drug use;
   12. Prior child abuse or neglect assessment concerns;
   13. Open child protection service case on the victim;
   14. Victim is in the custody of the department of health and human services, county social services, the department of corrections and rehabilitation or other correctional facility, or law enforcement;
   15. Unexplained death or death in an undetermined manner;
   16. Suspected sexual assault; or
   17. Any other suspicious factor.

Source: S.L. 1955, ch. 115, § 1; R.C. 1943, 1957 Supp., § 11-19A01; S.L. 1995, ch. 116, § 1; 2009, ch. 212, § 1; 2021, ch. 352, § 10, effective September 1, 2022.

11-19.1-02. County coroner.

Each organized county, unless it has adopted one of the optional forms of county government provided by this code, shall have the office of county coroner which said office shall be held by an officer chosen in the manner prescribed in this chapter.

Source: S.L. 1955, ch. 115, § 2; R.C. 1943, 1957 Supp., § 11-19A02.

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

The board of county commissioners shall appoint a coroner for a term of five years. The board shall notify the state forensic examiner in writing of any appointment under this section. If the office of coroner becomes vacant by death, resignation, expiration of the term of office, or otherwise, or if the coroner becomes permanently unable to perform the duties of office, the board of county commissioners shall appoint a qualified individual to fill the vacancy, who shall give and take the oath of office as prescribed for coroners. If the duly appointed, qualified, and acting coroner is absent temporarily from the county or is unable to discharge the duties of office for any reason, the coroner may appoint an individual with the qualifications of coroner to act in the coroner’s absence or disability, upon taking the prescribed oath for coroners.

Source: S.L. 1955, ch. 115, § 3; R.C. 1943, 1957 Supp., § 11-19A03; 2009, ch. 212, § 2.

11-19.1-04. Eligibility.

1. Subject to the qualifications, training, and continuing education requirements determined by the state forensic examiner, the following individuals are eligible to serve as coroner:
   1. A physician licensed under chapter 43-17;
   2. An advanced practice registered nurse or registered nurse licensed under chapter 43-12.1;
   3. A physician assistant licensed under chapter 43-17; and
   4. Any other individual determined by the state forensic examiner to be qualified to serve as coroner.
2. The coroner may appoint assistant or deputy coroners subject to the qualifications, training, and continuing education requirements determined by the state forensic examiner.

Source: S.L. 1955, ch. 115, § 4; R.C. 1943, 1957 Supp., § 11-19A04; S.L. 1973, ch. 100, § 1; 2009, ch. 212, § 3.

11-19.1-05. Appointment of assistant. [Repealed]

Repealed by S.L. 2009, ch. 212, § 17.

11-19.1-06. Individuals authorized to act in absence of coroner.

In those counties in which a coroner does not reside or is not available, the duties of coroner must be performed by the sheriff, the state highway patrol, or any special agent of the bureau of criminal investigation. The sheriff, the state highway patrol, or special agent shall call upon the nearest coroner or deputy coroner from an adjacent county to investigate the medical cause of death of all coroner cases within said county. In those situations in which, because of distance or adverse conditions, a coroner is not available, the sheriff, the state highway patrol, or special agent shall request the state forensic examiner or the forensic examiner’s designee to investigate and certify as to the medical cause of death.

Source: S.L. 1955, ch. 115, § 6; R.C. 1943, 1957 Supp., § 11-19A06; S.L. 1977, ch. 103, § 2; 1995, ch. 114, § 2; 2009, ch. 212, § 4.

11-19.1-07. Reports of death — Death of minor. [Effective through August 31, 2022]

1. Any person who discovers the deceased human body or acquires the first knowledge of the death of any individual, and any physician with knowledge that an individual died as a result of criminal or violent means, died suddenly when in apparent good health in a suspicious or unusual manner, or died as the result of any other reportable circumstance, shall notify immediately the office of coroner or any law enforcement officer of the known facts concerning the time, place, manner, and circumstances of that death, and any other information that may be required pursuant to this chapter. Any person who violates this section is guilty of a class B misdemeanor.
2. Any person who discovers the deceased human body or acquires the first knowledge of the death of any minor who has received or is eligible to receive a birth record, when the minor died suddenly when in apparent good health, shall notify immediately law enforcement or the office of coroner of the known facts concerning the time, place, manner, and circumstances of the death. The death of a minor must be reported to the department of human services as provided under chapter 50-25.1. The coroner shall take custody of the body and immediately consult with a law enforcement agency. The law enforcement agency shall investigate the death and notify the state’s attorney of the findings. The coroner shall notify the state forensic examiner of each such death, and shall provide the state forensic examiner the information concerning the death as the state forensic examiner requires. The coroner or the assistant or deputy coroner shall notify the parent or guardian of a child under the age of one year of the right to the performance of an autopsy, at state expense, as provided by this chapter.

Source: S.L. 1955, ch. 115, § 7; R.C. 1943, 1957 Supp., § 11-19A07; S.L. 1975, ch. 106, § 87; 1977, ch. 104, § 1; 1995, ch. 116, § 2; 2009, ch. 212, § 5.

Cross-References.

Child abuse and neglect, see N.D.C.C. ch. 50-25.1.

Collateral References.

Liability for desecration of graves and tombstones, 77 A.L.R.4th 108.

11-19.1-07. Reports of death — Death of minor. [Effective September 1, 2022]

1. Any person who discovers the deceased human body or acquires the first knowledge of the death of any individual, and any physician with knowledge that an individual died as a result of criminal or violent means, died suddenly when in apparent good health in a suspicious or unusual manner, or died as the result of any other reportable circumstance, shall notify immediately the office of coroner or any law enforcement officer of the known facts concerning the time, place, manner, and circumstances of that death, and any other information that may be required pursuant to this chapter. Any person who violates this section is guilty of a class B misdemeanor.
2. Any person who discovers the deceased human body or acquires the first knowledge of the death of any minor who has received or is eligible to receive a birth record, when the minor died suddenly when in apparent good health, shall notify immediately law enforcement or the office of coroner of the known facts concerning the time, place, manner, and circumstances of the death. The death of a minor must be reported to the department of health and human services as provided under chapter 50-25.1. The coroner shall take custody of the body and immediately consult with a law enforcement agency. The law enforcement agency shall investigate the death and notify the state’s attorney of the findings. The coroner shall notify the state forensic examiner of each such death, and shall provide the state forensic examiner the information concerning the death as the state forensic examiner requires. The coroner or the assistant or deputy coroner shall notify the parent or guardian of a child under the age of one year of the right to the performance of an autopsy, at state expense, as provided by this chapter.

Source: S.L. 1955, ch. 115, § 7; R.C. 1943, 1957 Supp., § 11-19A07; S.L. 1975, ch. 106, § 87; 1977, ch. 104, § 1; 1995, ch. 116, § 2; 2009, ch. 212, § 5; 2021, ch. 352, § 11, effective September 1, 2022.

11-19.1-07.1. Willful disturbance of dead body — Penalty.

Any person who:

1. Willfully removes or otherwise disturbs a body which the actor knows died in a suspicious or unusual manner; or
2. Willfully rearranges, removes, or otherwise disturbs the clothing or other articles on or near a body which the actor knows died in a suspicious or unusual manner,

without authorization of a coroner or law enforcement officer is guilty of a class A misdemeanor.

Source: S.L. 1975, ch. 106, § 88.

Cross-References.

Penalty for Class A misdemeanor, see N.D.C.C. § 12.1-32-01.

11-19.1-08. Records of coroner’s office.

The coroner shall keep full and complete records. All records must be kept in the office of the coroner if the coroner maintains an office as coroner. If the coroner maintains no separate office, the records must be kept in the office of the recorder of the county, unless the board of county commissioners designates a different official. The records must be properly indexed, stating the name, if known, of every deceased individual, the place where the body was found, date of death, cause of death, and all other available information required by this chapter. The report of the coroner and the detailed findings of the autopsy, if one was performed, must be attached to the report of every case. The coroner promptly shall deliver or cause to be delivered to the state’s attorney of the county in which a death occurred copies of all necessary records relating to every death in which the coroner or state’s attorney determines further investigation advisable. The sheriff of the county, the police of the city, or the state highway patrolmen on duty in that county in which the death occurred may be requested to furnish more information or make further investigation by the coroner or the coroner’s deputy. The state’s attorney may obtain from the office of the coroner copies of records and other information necessary for further investigation. Except for a report of death and autopsy reports, which may be used and disclosed only as authorized by subsection 4 of section 11-19.1-11, all records of the coroner are the property of the county and are public records.

Source: S.L. 1955, ch. 115, § 8; R.C. 1943, 1957 Supp., § 11-19A08; S.L. 1985, ch. 151, § 13; 1999, ch. 278, § 17; 2001, ch. 120, § 1; 2009, ch. 212, § 6.

11-19.1-09. State’s attorney may subpoena witnesses. [Repealed]

Repealed by S.L. 1973, ch. 92, § 2.

11-19.1-10. Deceased human bodies to be held pending investigation.

All deceased human bodies in the custody of the coroner must be held until such time as the coroner after consultation with the state’s attorney, the police department of the city, the state highway patrolmen on duty in that county, or the sheriff has reached a decision that it is not necessary to hold the body longer to enable the coroner to decide on a diagnosis, giving a reasonable and true cause of death, or that the body is no longer necessary to assist any one of those officials in their duties.

Source: S.L. 1955, ch. 115, § 10; R.C. 1943, 1957 Supp., § 11-19A10; 2009, ch. 212, § 7.

11-19.1-11. Autopsies — Notice of results.

1. The coroner or the coroner’s medical deputy, if the coroner deems it necessary, may take custody of the deceased human body for the purpose of autopsy. When the coroner does not deem an autopsy necessary, the sheriff or state’s attorney may direct an autopsy be performed.
2. The autopsy must be performed by the state forensic examiner or by the state forensic examiner’s authorized pathologist at a facility approved by the state forensic examiner.
3. Upon the death of a minor whose cause of death is suspected by the minor’s parent or guardian or the coroner or the coroner’s medical deputy to have been the sudden infant death syndrome, the coroner or the coroner’s medical deputy, after consultation with the parent or guardian, shall take custody of the body and shall arrange for the performance of the autopsy by the state forensic examiner or a pathologist designated by the state forensic examiner, unless the county coroner, sheriff, state’s attorney, and the parent or guardian all agree that an autopsy is unnecessary. The parents or guardian and the state health officer must be promptly notified of the results of that autopsy.
4. A report of death, an autopsy report, and any working papers, notes, images, pictures, photographs, or recordings in any form are confidential but the coroner may use or disclose these materials for purposes of an investigation, inquest, or prosecution. The coroner may disclose a copy of the report of death in accordance with the authority of the state forensic examiner under section 23-01-05.5 and may disclose an autopsy photograph or other visual image or video or audio recording subject to limitations in section 44-04-18.18. The coroner shall disclose a copy of the autopsy report to the state forensic examiner.

Source: S.L. 1955, ch. 115, § 11; R.C. 1943, 1957 Supp., § 11-19A11; S.L. 1971, ch. 132, § 1; 1977, ch. 104, § 2; 1995, ch. 116, § 3; 2009, ch. 212, § 8.

Cross-References.

Child abuse or neglect reports, see N.D.C.C. § 50-25.1-03.

Inquest on death of inmates of penitentiary or North Dakota youth correctional center, see N.D.C.C. § 12-45-01.

Inquiry into criminal death by state’s attorney, see N.D.C.C. § 11-16-15.

Motor vehicle fatalities, blood specimens, see N.D.C.C. § 39-20-13.

Unattended deaths, investigation, medical certification, see N.D.C.C. § 23-02.1-19.

Collateral References.

Insurance: coroner’s verdict or report as evidence on issue of suicide, 28 A.L.R.2d 352.

Reviewing, setting aside, or quashing of verdict at coroner’s inquest, 78 A.L.R.2d 1218.

Liability for wrongful autopsy, 18 A.L.R.4th 858.

Dead bodies: liability for improper manner of reinterment, 53 A.L.R.4th 394.

11-19.1-12. Coroner may order removal of body.

Where the county does not provide a morgue or morgue facilities for the use of the coroner, the coroner may use existing hospital facilities. When post mortem is completed at county morgue facilities or existing hospital facilities, the coroner after getting expressed order of the person lawfully entitled to the custody of the deceased person’s remains as to the funeral home of the person’s choice, shall order the remains released to such funeral home, or the coroner after getting the expressed order of the person lawfully entitled to the custody of the deceased person’s remains, as to the funeral home of the person’s choice, may order the remains removed to such funeral home and the necessary post mortem conducted there.

Source: S.L. 1955, ch. 115, § 12; R.C. 1943, 1957 Supp., § 11-19A12.

11-19.1-13. Cause of death — Determination.

The cause of death, the manner of death, and the mode in which the death occurred must be incorporated in the death certificate filed with the registrar of vital statistics of this state. The term “sudden infant death syndrome” may be entered on the death certificate as the principal cause of death only if the child is under the age of one year and the death remains unexplained after a case investigation that includes a complete autopsy of the infant at the state’s expense, examination of the death scene, and a review of the clinical history of the infant.

Source: S.L. 1955, ch. 115, § 13; R.C. 1943, 1957 Supp., § 11-19A13; S.L. 1977, ch. 104, § 3; 1995, ch. 116, § 4; 2009, ch. 212, § 9.

11-19.1-14. Disinterment of dead bodies.

Whenever in the opinion of the state’s attorney and either the sheriff or coroner it is deemed necessary, the state’s attorney or coroner shall have authority to order the disinterment of any dead body within their county and to authorize the removal of such body under the supervision of the coroner for the purpose of examination and autopsy.

Source: S.L. 1955, ch. 115, § 14; R.C. 1943, 1957 Supp., § 11-19A14.

11-19.1-15. Notice of next of kin, disposition of personal belongings — Disposition of body when next of kin cannot be found.

The coroner of the county in which a death is discovered shall take charge of the case and ensure that relatives or friends of the deceased individual, if known, are notified as soon as possible, giving details of the death and disposition of the deceased individual. If the relatives or friends of the deceased are unknown, the coroner shall dispose of the personal effects and body in the following manner:

1. After using such clothing as may be necessary in the final disposition of the body, the remaining personal effects of the deceased must be turned over to law enforcement for appropriate disposition.
2. The remains must be:
   1. Disposed of in accordance with section 23-06-14; or
   2. Otherwise disposed of in accordance with the laws governing the burial of indigent persons within this state.

Source: S.L. 1955, ch. 115, § 15; R.C. 1943, 1957 Supp., § 11-19A15; S.L. 1985, ch. 166, § 1; 2009, ch. 212, § 10; 2017, ch. 92, § 1, effective August 1, 2017.

11-19.1-16. Coroner’s fees paid out of county treasury — Fees to be charged by coroner — Duty of county auditor — Certain expenses paid by the state. [Effective through August 31, 2022]

1. The fees and mileage as provided by section 11-10-15 allowed to the coroner shall be paid out of the county treasury of the county of residence of the deceased person and the coroner’s bill shall be presented to the county auditor and shall be paid upon approval and order of the board of county commissioners.
2. The state department of health shall audit, and if found correct, certify for payment by the state treasurer duly itemized and verified claims of the coroner, the coroner’s medical deputy, and pathologist for the necessary expenses incurred or paid in the performance of an autopsy of a child whose cause of death was suspected to have been the sudden infant death syndrome.

Source: S.L. 1955, ch. 115, § 16; R.C. 1943, 1957 Supp., § 11-19A16; S.L. 1977, ch. 104, § 4; 1985, ch. 166, § 2; 1995, ch. 243, § 2.

11-19.1-16. Coroner’s fees paid out of county treasury — Fees to be charged by coroner — Duty of county auditor — Certain expenses paid by the state. [Effective September 1, 2022]

1. The fees and mileage as provided by section 11-10-15 allowed to the coroner shall be paid out of the county treasury of the county of residence of the deceased person and the coroner’s bill shall be presented to the county auditor and shall be paid upon approval and order of the board of county commissioners.
2. The department of health and human services shall audit, and if found correct, certify for payment by the state treasurer duly itemized and verified claims of the coroner, the coroner’s medical deputy, and pathologist for the necessary expenses incurred or paid in the performance of an autopsy of a child whose cause of death was suspected to have been the sudden infant death syndrome.

Source: S.L. 1955, ch. 115, § 16; R.C. 1943, 1957 Supp., § 11-19A16; S.L. 1977, ch. 104, § 4; 1985, ch. 166, § 2; 1995, ch. 243, § 2; 2021, ch. 352, § 12, effective September 1, 2022.

11-19.1-17. Application.

The requirements of this chapter apply to every county in this state.

Source: S.L. 1955, ch. 115, § 17; R.C. 1943, 1957 Supp., § 11-19A17; S.L. 1973, ch. 101, § 1; 1985, ch. 166, § 3; 1995, ch. 114, § 3; 2009, ch. 212, § 11.

11-19.1-18. State forensic examiner — Authority — Costs.

1. The state forensic examiner may order an autopsy and exercise all powers and authority bestowed upon the office of the coroner and, at any time, may assume jurisdiction over a deceased human body. Whenever requested to do so by the local coroner, acting coroner, or the local state’s attorney, the state forensic examiner or the examiner’s designee shall assume jurisdiction over a deceased human body for purposes of investigating the cause of death, the manner of death, and the mode in which the death occurred.
2. Except for the cost of an autopsy performed by the state forensic examiner or the examiner’s designee and for the cost of an autopsy, investigation, or inquiry that results from the death of a patient or resident of the state hospital or any other state residential facility or an inmate of a state penal institution, all costs with respect to the autopsy, the transporting of the body for autopsy, and the costs of the investigation or inquiry are the responsibility of the county.

Source: S.L. 1995, ch. 114, § 4; 2009, ch. 212, § 12.

11-19.1-19. Required reports to state forensic examiner.

On the form and in the manner prescribed by the state forensic examiner, the coroner or any individual acting as coroner shall report to the state forensic examiner every death of which the coroner is notified or which the coroner investigates.

Source: S.L. 1995, ch. 114, § 4; 2009, ch. 212, § 13.

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

The coroner or any individual acting as a coroner shall actively consult with the state forensic examiner’s office in every death involving an inmate of a state, county, or city penal institution; death involving a child under the age of one when in apparent good health; and death that the coroner or acting coroner believes may have resulted from an accident, a suicide, or a homicide, under suspicious circumstances, or as a result of child abuse or neglect.

Source: S.L. 1995, ch. 114, § 4; 2009, ch. 212, § 14.

11-20-01. Duties of county surveyor — Surveys presumptively correct.

The county surveyor shall make all surveys of land within the county which the county surveyor may be called upon to make by the owner of the land or the owner’s representative, or which the county surveyor is directed to make by the district court, by the board of county commissioners, or by the board of township supervisors of any township within the county. The county surveyor also shall make a survey of the public roads and of all lands, tracts, or lots owned by the county when directed to do so by the board of county commissioners. The surveys of the county surveyor or of the county surveyor’s deputies are presumptively correct.

Source: Pol. C. 1877, ch. 21, § 97; R.C. 1895, § 2028; R.C. 1899, § 2028; R.C. 1905, § 2538; S.L. 1907, ch. 72, § 4; C.L. 1913, § 3428; R.C. 1943, § 11-2001; S.L. 1991, ch. 326, § 26.

Cross-References.

Bond of county surveyor, see N.D.C.C. § 11-10-06.

County highway engineer, employment by board of county commissioners, see N.D.C.C. § 11-31-01.

Oath of office, see N.D.C.C. § 11-10-09.

Removal from office, see N.D.C.C. chs. 44-10, 44-11.

Vacancy in office, see N.D.C.C. §§ 44-01-04, 44-02-01.

11-20-02. Deputies — Appointment — Removal.

The county surveyor may appoint one or more deputies and may revoke any such appointment at pleasure. An appointment or revocation shall be in writing, signed by the surveyor, and filed with the recorder, unless the board of county commissioners designates a different official. Each deputy shall take the constitutional oath of office and may perform any duties imposed by law upon the county surveyor. The surveyor and the surveyor’s sureties shall be responsible for the faithful performance of the duties of the surveyor’s office by any deputy.

Source: S.L. 1907, ch. 72, § 2; C.L. 1913, § 3426; R.C. 1943, § 11-2002; S.L. 1999, ch. 278, § 18; 2001, ch. 120, § 1.

Cross-References.

Oath of civil officers, see N.D. Const., Art. XI, § 4; N.D.C.C. § 44-01-05.

11-20-03. Assistants — Appointment — Qualifications.

The county surveyor may appoint all chainmen, markers, and assistants required to make a survey. When the survey is of lines and monuments in dispute between parties or is made by order of the district court, the chainmen must be disinterested persons.

Source: Pol. C. 1877, ch. 21, § 100; R.C. 1895, § 2031; R.C. 1899, § 2031; R.C. 1905, § 2541; C.L. 1913, § 3437c; R.C. 1943, § 11-2003; S.L. 1991, ch. 326, § 27.

11-20-04. Oath of assistants to county surveyor.

Every chainman and marker employed by the county surveyor in making surveys shall take an oath that the person will discharge the person’s duties faithfully. The county surveyor or the surveyor’s deputy making the survey may administer such oaths.

Source: S.L. 1907, ch. 72, § 10; C.L. 1913, § 3434; R.C. 1943, § 11-2004.

11-20-05. Certificate presumptive evidence.

The certificate of the surveyor, or of the surveyor’s deputy, of any survey of any lands in the county made by the person shall be presumptive evidence of the facts therein contained unless the surveyor shall be interested in the lands described in the certificate.

Source: S.L. 1907, ch. 72, § 3; C.L. 1913, § 3427; R.C. 1943, § 11-2005.

11-20-06. When surveyor of adjoining county may act.

Whenever a survey is required of land in which the county surveyor or either of the surveyor’s deputies may be interested, or when from any cause the surveyor or deputy surveyor of the county cannot be found or is unable to act, the survey may be made by the surveyor of an adjoining county or any of that surveyor’s deputies. Such survey shall have the same effect as a survey made by the surveyor of the county in which the land is situated.

Source: S.L. 1907, ch. 72, § 5; C.L. 1913, § 3429; R.C. 1943, § 11-2006.

11-20-07. Form of surveys.

All surveys made by the county surveyor must be made in accordance with the rules and regulations laid down by the commissioner of the United States general land office and in accordance with the following principles, when applicable:

1. All corners and boundaries which can be identified by the original field notes or other unquestionable testimony shall be regarded as the original corners and must not be changed while they can be so identified. The surveyor shall not give undue weight to partial and doubtful evidence or to appearances of monuments the recognition of which requires the presumption of marked errors in the original survey, and shall note an exact description of such apparent monuments.
2. Extinct intersection corners must be re-established at proportional distances as recorded in the original field notes from the nearest known points in the original section line, east and west and north and south from such extinct section corners.
3. Any extinct quarter section corner, except on fractional section lines, must be re-established equidistant and in a right line between the section corners, and in all other cases, at proportional distances between the nearest known points in the original lines.
4. Central quarter corners of whole sections, and of fractional sections adjoining the north and west boundaries of townships, must be re-established at the intersection of two right lines connecting their opposite quarter section corners, respectively. County surveyors shall perpetuate the original corners from which they may work by noting new bearing trees when timber is near. They also shall perpetuate the principal corners which they make in like manner.
5. In the subdivision of fractional sections bounded on any side by a meandered lake or river or the boundary of a reservation or irregular survey, the subdivision lines running toward and closing upon the same shall be run at courses in all points intermediate and equidistant, as near as may be, between the like section lines established by the original survey.

Source: Pol. C. 1877, ch. 21, §§ 99, 102; R.C. 1895, §§ 2030, 2033; R.C. 1899, §§ 2030, 2033; R.C. 1905, §§ 2540, 2543; S.L. 1907, ch. 72, § 9; C.L. 1913, §§ 3433, 3437b, 3437e; R.C. 1943, § 11-2007.

11-20-08. Record of original field notes required.

Each county surveyor shall keep the original field notes of all surveys made by the surveyor or the surveyor’s deputies for permanent purposes in well-bound books of convenient size furnished by the county surveyor at the expense of the county. Each book shall contain an index referring to the surveys of which it contains the field notes.

Source: Pol. C. 1877, ch. 21, § 98; R.C. 1895, § 2029; R.C. 1899, § 2029; R.C. 1905, § 2539; S.L. 1907, ch. 72, § 6; C.L. 1913, §§ 3430, 3437a; R.C. 1943, § 11-2008.

11-20-09. Contents of record of original field notes.

The original field notes shall be taken and set down in the manner in which field notes of the United States surveys are kept and shall contain all of the details of each survey in the order in which the survey was made. The notes shall include in full all calculations made by the surveyor to determine areas or to measure inaccessible distances, such as lake and river crossings, or for any other purpose required by the survey. Diagrams may be used for purposes of illustration but shall not be used instead of the written notes required to be kept. The field notebook shall contain the certificate of the surveyor who made the surveys stating that the field notes therein contained are the complete original field notes of the surveys therein referred to and described.

Source: S.L. 1907, ch. 72, § 6; C.L. 1913, § 3430; R.C. 1943, § 11-2009.

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

The original field notes shall be a part of the record required to be kept by the county surveyor and the books containing the notes shall be kept with the surveyor’s other records of the county. Whenever one of the field books is filled or whenever a deputy county surveyor shall have ceased taking notes in the book the deputy has been using, the book shall be deposited in the office of the county surveyor or county auditor. Whenever the term of office of a deputy county surveyor expires, the deputy shall turn over to the county surveyor the field books which the deputy has partly filled.

Source: Pol. C. 1877, ch. 21, § 98; R.C. 1895, § 2029; R.C. 1899, § 2029; R.C. 1905, § 2539; S.L. 1907, ch. 72, § 6; C.L. 1913, §§ 3430, 3437a; R.C. 1943, § 11-2010.

Cross-References.

Where records are kept, see N.D.C.C. § 11-10-20.

11-20-11. What surveys shall be recorded.

The county surveyor shall record in a suitable book which the surveyor shall provide at the expense of the county all surveys for permanent purposes made by the surveyor and the surveyor’s deputies, except surveys for township highways.

Source: S.L. 1907, ch. 72, § 6; C.L. 1913, § 3430; R.C. 1943, § 11-2011.

Cross-References.

Where record kept, see N.D.C.C. § 11-10-20.

11-20-12. Contents of record of survey.

The record of each survey shall contain:

1. The evidence by which the surveyor determined or identified the corners or other starting points of the survey.
2. A full description of the starting points and the means which were taken to perpetuate the starting points upon the ground or to assist in determining and preserving their locations.
3. The object of the survey.
4. The methods used by the surveyor in making the survey and, when necessary or convenient, diagrams or plats may be used to illustrate such methods. If diagrams are used, they shall be considered a part of the record and there shall be shown thereon the courses and distances of the boundary lines located by the survey and such other facts as may have been determined by it.
5. The amount and direction of the allowance made by the surveyor for the difference between the magnetic meridian and the true meridian when the courses of the lines shown on the survey are given by the magnetic needle.
6. The date of the survey.
7. A full description of the land covered by the survey.
8. A list of property owners who were notified of the survey and a list of such owners present when the survey was made.
9. The name of the person or the names of the persons for whom the survey was made.
10. The names of the persons employed as chainmen on the survey and a statement that they were sworn by the surveyor when so required by law.
11. The certificate of the surveyor that the surveyor has carefully compared the record with the original field notes which the surveyor took at the time of the survey and that it is a true statement of the facts of the survey as shown by the original field notes.

Source: Pol. C. 1877, ch. 21, § 101; R.C. 1895, § 2032; R.C. 1899, § 2032; R.C. 1905, § 2542; S.L. 1907, ch. 72, § 6; C.L. 1913, §§ 3430, 3437d; R.C. 1943, § 11-2012.

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

The records of the county surveyor may be kept in the office of the county auditor and shall be competent evidence in all courts of the facts therein set forth.

Source: Pol. C. 1877, ch. 21, § 98; R.C. 1895, § 2029; R.C. 1899, § 2029; R.C. 1905, § 2539; C.L. 1913, § 3437a; R.C. 1943, § 11-2013.

11-20-14. Surveys for private landowners — How expenses paid.

Whenever two or more resident owners of real estate desire to have the corners and lines of their lands established, relocated, or perpetuated, they shall give at least ten days’ notice of the time of the proposed survey to all other persons owning lands in the same section, and to all other persons residing in the township owning lands abutting on such section if their lands will be affected by the survey. The county surveyor shall make the required surveys at the time specified in the notice and the expense thereof shall be borne by all the persons benefited to the amount of work done for each as determined by the surveyor. If a person benefited by the survey, whether a resident or not, refuses or neglects to pay that person’s share of the expense within sixty days thereafter, the surveyor shall certify to the county auditor the amount due, the name of the person who is delinquent, a description of that person’s land, and the name of the person to whom the amount is due. The county auditor shall assess such amount against the land of such person and it shall be collected and paid to the county treasurer in the same manner as state and county taxes are collected and paid out by the county treasurer, on the order of the county surveyor.

Source: S.L. 1907, ch. 72, § 11; C.L. 1913, § 3435; R.C. 1943, § 11-2014.

11-20-14.1. Disputed property lines — Petition to district court — Effect of survey — Payment of expenses.

1. One or more owners of property may file with the clerk of district court a petition requesting the district court to direct the county surveyor to survey the property. The court shall set a time and place for a hearing on the petition. The hearing may not occur until three weeks after the petitioner has published notice of the petition, containing the substance of the petition, a description of the lands affected, and the names of the owners of the affected lands as they appear in the latest tax roll, and after the petitioner has mailed written notice to each occupant of land affected by the survey.
2. At the hearing on the petition, all interested parties may appear and be heard. If the district court finds that there is a dispute as to the location of a property line, the court may grant the petition. If a county surveyor is not available to conduct the survey, the court may appoint a registered land surveyor to conduct the survey. The surveyor shall provide reasonable advance written notice to occupants of affected lands specifying the date when the survey will begin.
3. After the survey has been completed, the surveyor shall file a record of survey under sections 11-20-12 and 11-20-13. The certificate of the surveyor is presumptive evidence of the facts contained in the survey and certificate.
4. After the survey has been completed, the surveyor shall make a certified report to the district court showing in detail the entire expense of the survey with recommendations as to apportionment of the expense. The court shall apportion equitably the expense of the survey to the several tracts affected and provide written notice of the proposed assessment to each owner affected. The notice must inform the affected owners of their right to appear in district court no sooner than fourteen days after the notices are mailed to object to the assessments. Following consideration of any objections, the court shall make any corrections or adjustments necessary, enter an order confirming the assessment, and order the parties to pay the surveyor within thirty days.
5. Upon certification by the surveyor that an affected owner has not paid the fees ordered by the district court within thirty days, the county auditor shall assess the amount against the land of each person affected. The county treasurer shall collect the assessments in the same manner as general property taxes are collected. On the order of the county auditor, the county treasurer shall pay any fees and expenses to a registered land surveyor who has conducted the survey.

Source: S.L. 1993, ch. 24, § 4; 1993, ch. 104, § 1.

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

The surveyor, when employed by private landowners as provided in section 11-20-14, shall sink into the earth at all section and quarter post corners a column of concrete or a cement block at least two feet [.61 meter] high, twelve inches [304.80 millimeters] square at the base, and six inches [152.40 millimeters] square at the top. The surveyor shall carefully describe the same in the records of the surveyor’s survey. The surveyor also shall dig pits and shall mark and record new witness trees wherever possible to do so. Any person who willfully shall cut down, destroy, deface, or injure any living witness tree, or who shall remove a corner post in any shape as above established, is guilty of an infraction.

Source: S.L. 1907, ch. 72, § 12; C.L. 1913, § 3436; R.C. 1943, § 11-2015; S.L. 1975, ch. 106, § 89.

11-20-16. Fees of county surveyor. [Repealed]

Repealed by S.L. 1953, ch. 115, § 2.

11-20-17. Assistants — How paid.

All necessary chainmen and other assistants of the county surveyor shall be paid for their services by the person requiring the work to be done, unless it is otherwise specially agreed.

Source: Pol. C. 1877, ch. 21, § 103; Pol. C. 1877, ch. 39, § 21; R.C. 1895, §§ 2034, 2094, subs. 9; R.C. 1899, §§ 2034, 2094, subs. 9; R.C. 1905, §§ 2544, 2612, subs. 9; S.L. 1907, ch. 73, subs. 9; C.L. 1913, §§ 3437f, 3532, subs. 9; S.L. 1925, ch. 118, § 1, subs. 9; 1925 Supp., § 3532, subs. 9; R.C. 1943, § 11-2017.

11-20-18. Papers to be delivered upon termination of employment — Penalty.

When a county surveyor resigns or is removed from office, the surveyor shall deliver all books and papers relating to the office to the surveyor’s successor or to the board of county commissioners if no successor has been appointed. A county surveyor who shall neglect to so deliver such books and papers within one month after the termination of employment, or any executor or administrator, within thirty days after appointment and qualification, of a deceased county surveyor who shall neglect to so deliver any such books and papers coming into the person’s custody within one month after the death of the county surveyor, shall forfeit and pay to the county a sum of not less than ten dollars nor more than fifty dollars. Such amount shall be fixed by the board of county commissioners at its meeting after such failure. A similar sum shall be paid for each month thereafter until such books and papers are delivered as is required by this section.

Source: S.L. 1907, ch. 72, § 7; C.L. 1913, § 3431; R.C. 1943, § 11-2018.

11-21-01. Public administrator — Appointment — Term of office.

The presiding judge of the judicial district in which a county is located may, after consultation with the judges of the judicial district, appoint a public administrator for that county. A public administrator may be a corporation or limited liability company. The initial appointments under this section may be made upon completion of the terms of public administrators elected in 1984. The public administrator shall hold office for four years and until a successor is appointed and qualified. The presiding judge may appoint a single public administrator to serve more than one county within the district court’s jurisdiction.

Source: S.L. 1903, ch. 140, § 2; R.C. 1905, § 2546; C.L. 1913, § 3439; R.C. 1943, § 11-2101; S.L. 1985, ch. 153, § 2; 1989, ch. 152, § 1; 1991, ch. 326, § 28; 1993, ch. 54, § 106.

Cross-References.

When term commences, see N.D.C.C. § 11-10-05.

When to qualify, see N.D.C.C. § 11-10-05.

Collateral References.

Public administrators, powers and duties of, 56 A.L.R.2d 1183, 1201.

Priority, as regards right to appointment, as between public administrators and others, 99 A.L.R.2d 1063.

11-21-02. Bond of public administrator — Conditions.

The bond of the public administrator shall run to the state of North Dakota for the benefit of any party who may be damaged by a breach of the conditions thereof. Whether the bond is issued by the state bonding fund or by a surety company, it shall guarantee that the public administrator will:

1. Faithfully discharge all the duties of the office.
2. Account annually to the judge of the district court for all estates and property under the public administrator’s official control and care, or whenever required so to do by the judge.
3. Turn over to the successor in office all property and estates in the public administrator’s official care and control, and truly account for the same.
4. Turn over all property and estates in the public administrator’s official care and control to any other administrator, executor, or guardian designated by the judge of the district court, and truly account for the same.
5. Perform such other acts and duties properly relating to the office as may be ordered by the district judge.

The bond shall be approved and endorsed as provided for administrators and executors.

Source: S.L. 1903, ch. 140, § 3; R.C. 1905, § 2547; C.L. 1913, § 3440; R.C. 1943, § 11-2102; S.L. 1991, ch. 326, § 29.

Cross-References.

Bond of public administrator, see N.D.C.C. § 11-10-06(6).

Oath of public administrator, see N.D.C.C. § 11-10-09.

11-21-03. Bond of public administrator may be increased — Annual statement.

The judge of the district court shall require the public administrator to make a statement annually, under oath, of the amount of property in the administrator’s hands or under the administrator’s control as administrator, for the purpose of ascertaining the amount of bond necessary to secure such property. The court, from time to time and as occasion may require, may demand additional security from the administrator, and if the same is not furnished within twenty days after such demand, may remove the public administrator and appoint another.

Source: S.L. 1903, ch. 140, § 3; R.C. 1905, § 2547; C.L. 1913, § 3440; R.C. 1943, § 11-2103; S.L. 1991, ch. 326, § 30.

11-21-04. Filing of bond and oath.

The public administrator shall file the administrator’s oath and bond with the judge of the district court. The bond and oath must be recorded at length in the record books of the court.

Source: S.L. 1903, ch. 140, § 3; R.C. 1905, § 2547; C.L. 1913, § 3440; R.C. 1943, § 11-2104; S.L. 1985, ch. 153, § 3; 1991, ch. 326, § 31.

11-21-04.1 Liability coverage for public administrators. [Expired]

History. S.L. 2015, ch. 94, § 1, effective August 1, 2015; enacted by 2015, ch. 94, § 2, effective August 1, 2017.

11-21-05. Duties and powers of public administrator.

The public administrator shall be ex officio public special administrator, guardian, and conservator in and for the county and shall take into the administrator’s charge, without application to any appropriate court or special appointment, the estates of all deceased persons, and the persons and estates of all minors, and the estates or persons and estates of all incapacitated persons, in the following cases:

1. When a person dies intestate in the county without relatives or known heirs.
2. When a person dies testate and the executor named in the will is absent or fails to qualify and there is no heir, legatee, or devisee available to act as personal representative.
3. When an unknown person dies or is found dead in the county.
4. When money, property, papers, or other estate is left in a situation exposed to loss or damage, and no other person administers the estate.
5. When any estate of any person who dies intestate in the county or elsewhere is left in the county and is liable to be injured, wasted, or lost, and the intestate does not leave a known spouse or heirs in this state.
6. When a minor is under the age of fourteen years, the minor’s parents are dead, and the minor has no guardian or conservator.
7. When any estate is left in the county belonging to a minor whose parents are dead, or whose parents, if living, refuse or neglect to qualify as guardian or conservator, or who, having qualified, have been removed as guardians or conservators, or from any cause are incompetent to act as guardians or conservators, when such minor has no one authorized by law to take care of and manage the minor’s estate.
8. When the estate or person and estate of an incapacitated person shall be left in the county and there is no legal guardian or conservator for such incapacitated person and no competent person who will qualify to take charge of such estate or to act as guardian or conservator known to the court having jurisdiction.
9. When for any other good cause, the court shall order the administrator to take possession of an estate to prevent its being injured, wasted, stolen, or lost.

Source: S.L. 1903, ch. 140, §§ 2, 5; R.C. 1905, §§ 2546, 2549; C.L. 1913, §§ 3439, 3442; R.C. 1943, § 11-2105; S.L. 1973, ch. 257, § 7.

Cross-References.

Administration of oaths, see N.D.C.C. § 44-05-01.

Law Reviews.

A Study of Guardianship in North Dakota, 60 N.D. L. Rev. 45 (1984).

11-21-06. May act as general and special administrator, guardian, and conservator.

The public administrator shall have the same powers as are conferred upon special administrators, guardians, and conservators, and shall be subject to the same duties, penalties, provisions, and proceedings as are enjoined upon or authorized against special administrators, guardians, and conservators by the laws of this state so far as the same may be applicable. The public administrator may be appointed in proper cases as general administrator without giving additional bond, except that the court may require additional security, and when so appointed, the public administrator shall continue the administration until it is finally settled unless the public administrator resigns, dies, is discharged in the ordinary course of law as the administrator, or is removed for cause as public administrator or as administrator of such estate.

Source: S.L. 1903, ch. 140, § 6; R.C. 1905, § 2550; C.L. 1913, § 3443; R.C. 1943, § 11-2106; S.L. 1973, ch. 257, § 8.

11-21-07. Public administrator to prosecute necessary suits.

The public administrator shall institute all manner of suits and prosecutions that may be necessary to recover the property, debts, papers, or other estate of any deceased person or of any minor or incapacitated person when such estate or person is in the administrator’s charge or custody.

Source: S.L. 1903, ch. 140, § 9; R.C. 1905, § 2553; C.L. 1913, § 3447; R.C. 1943, § 11-2107; S.L. 1973, ch. 257, § 9.

11-21-08. Compensation of public administrator.

The public administrator shall receive the same compensation for services as is allowed by law to executors, administrators, guardians, and conservators unless the court, for special reasons, allows a higher compensation.

Source: S.L. 1903, ch. 140, § 4; R.C. 1905, § 2548; C.L. 1913, § 3441; R.C. 1943, § 11-2108; S.L. 1973, ch. 257, § 10.

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

A public administrator shall not charge a fee as an attorney in the administration of the estates of decedents of which the public administrator shall be the administrator. Any person who shall violate this section is guilty of an infraction.

Source: S.L. 1911, ch. 234, § 1; C.L. 1913, § 3444; R.C. 1943, § 11-2109; S.L. 1975, ch. 106, § 90.

11-21-10. Public administrator to act as receiver in assignment for the benefit of creditors.

When a person makes an assignment for the benefit of creditors, the public administrator, either on the administrator’s own petition or on the petition of a creditor of the assignor, shall be appointed receiver and shall administer the assignment in the place of the assignee named therein.

Source: S.L. 1921, ch. 18, § 2; 1925 Supp., § 8442a2; R.C. 1943, § 11-2110.

Cross-References.

Assignment for benefit of creditors, see N.D.C.C. ch. 32-26.

11-21-11. Civil officers to inform public administrator as to property.

All civil officers shall inform the public administrator of all property and estate known to them which is liable to loss, waste, or injury and which, by law, ought to be in the hands of the public administrator.

Source: S.L. 1903, ch. 140, § 8; R.C. 1905, § 2552; C.L. 1913, § 3446; R.C. 1943, § 11-2111.

11-21-12. Giving notice on taking charge of estate — Penalty for failure.

The public administrator, immediately upon taking charge of any estate except one over which the administrator has taken charge under the order of the district court for the purpose of administering the same, shall file in the office of the district court a notice that the administrator has taken charge of the estate. If a public administrator fails to file the notice, the administrator shall forfeit and pay to the persons entitled to the estate a sum not exceeding two hundred dollars and the court may remove the public administrator from office. The forfeiture shall be recovered before the district court on motion and after reasonable notice of the motion has been given to the public administrator.

Source: S.L. 1903, ch. 140, § 7; R.C. 1905, § 2551; C.L. 1913, § 3445; R.C. 1943, § 11-2112; S.L. 1991, ch. 326, § 32.

11-21-13. Court may order public administrator to account to successors.

The district court, at any time and for good cause shown, may order the public administrator to account for and deliver all money, property, or papers belonging to an estate in the administrator’s hands, to the administrator’s successor in office, to the heirs of the estate, or to any personal representative or conservator regularly appointed as provided by law.

Source: S.L. 1903, ch. 140, § 10; R.C. 1905, § 2554; C.L. 1913, § 3448; R.C. 1943, § 11-2113; S.L. 1973, ch. 257, § 11; 1991, ch. 326, § 33.

11-21-14. Removal from office.

The public administrator may be removed from office in the same manner and for the same reasons as other public officers may be removed except that for the reasons specified in sections 11-21-03 and 11-21-12 a public administrator may be removed summarily upon the motion of the judge of the district court.

Source: S.L. 1903, ch. 140, § 4; R.C. 1905, § 2548; C.L. 1913, § 3441; R.C. 1943, § 11-2114; S.L. 1991, ch. 326, § 34.

11-22-01. Sheriff, clerk of court, public administrator may deposit funds entrusted to them with county treasurer.

Any and all funds, other than fees and taxes, received by any sheriff, ex officio clerk of the district court, or public administrator by virtue of the office may be paid over and delivered to the treasurer of the county. Upon the delivery of the money to the treasurer, the officer depositing the same shall be absolved from all liability for the safekeeping of the funds.

Source: S.L. 1933, ch. 95, § 1; R.C. 1943, § 11-2201; S.L. 1999, ch. 278, §§ 19, 20.

11-22-02. Treasurer’s receipt — Special funds provided for deposits.

The county treasurer shall deliver a receipt to the officer making a deposit under the provisions of this chapter and shall deliver a copy of each such receipt to the county auditor immediately. The treasurer shall place the sum deposited in a special fund provided for that purpose or in a separate special fund maintained for each county officer making such deposits. The treasurer shall be vested with the same rights, duties, and liabilities with respect to deposits made under this chapter as with respect to public funds in the treasurer’s hands as county treasurer.

Source: S.L. 1933, ch. 95, § 2; R.C. 1943, § 11-2202; S.L. 1999, ch. 278, § 21.

11-22-03. Deposit of special funds by county treasurer.

Any special fund deposited with the county treasurer under the provisions of this chapter shall be deposited by the county treasurer as other public funds are deposited, and any interest collected or accruing on moneys in any such fund placed on time deposit shall be credited to the fund entitled thereto.

Source: S.L. 1933, ch. 95, § 2; R.C. 1943, § 11-2203.

Cross-References.

Depositories of public funds, see N.D.C.C. ch. 21-04.

11-22-04. How special funds are disbursed.

Moneys deposited under the provisions of this chapter shall be disbursed only upon the order of the county auditor based upon the order of the officer making the deposit or of that officer’s successor in office. If the deposit is made in the form of a check or draft, the county treasurer shall not disburse the fund unless or until such check or draft is paid.

Source: S.L. 1933, ch. 95, §§ 2, 3; R.C. 1943, § 11-2204; S.L. 1999, ch. 106, § 2.

11-22-05. Neglect of duty — Liability.

If an officer identified in section 11-22-01 fails to deposit with the county treasurer money which the officer receives by virtue of the office or makes or delivers, or causes to be made or delivered, any order for the withdrawal of the deposit except to the person, firm, corporation, or limited liability company entitled to receive the same, that officer shall be liable upon that officer’s bond to any person suffering loss thereby.

Source: S.L. 1933, ch. 95, § 4; R.C. 1943, § 11-2205; S.L. 1993, ch. 54, § 106; S.L. 1999, ch. 278, § 22.

11-23-01. Officers required to furnish commissioners with departmental budget. [Effective through August 31, 2022]

1. Every officer in charge of any institution, office, or undertaking supported wholly or in part by the county shall file with the board of county commissioners a departmental budget that is prescribed by the state auditor. The departmental budget must include an itemized statement of the estimated amount of money that will be required for the maintenance, operation, or improvement of the institution, office, or undertaking for the ensuing year. The board of county commissioners may require additional information to clarify the departmental budget.
2. 1. The departmental budget submitted by the human service zone may not exceed an amount determined by the department of human services and the human service zone director pursuant to section 50-35-04 and must include the county’s cost allocation of indirect costs based on an amount established by the department of human services.
   2. The county share of the human service zone’s indirect costs must be funded entirely from the county’s general fund.
   3. The department of human services shall develop a process to review a request from a human service zone for any proposed increase in staff. As part of its review process, the department of human services shall review pertinent factors, which may include caseload information. If the department of human services approves a request for a proposed increase in staff, the human service zone budget may be increased by the amount determined necessary by the department of human services to fund the approved additional staff. The human service zone director shall submit the proposed increase in staff to the human service zone board for review. The human service zone director shall work with the department to achieve equitable compensation and salary increases for all human service zone team members within the human service zone. The human service zone director shall notify appropriate host county staff of all staffing changes for administrative purposes.
3. For purposes of this section, “host county” means the county within the human service zone in which the human service zone administrative office is located and in which the human service zone team members are employed.

Source: S.L. 1913, ch. 62, § 1; C.L. 1913, § 3312; S.L. 1923, ch. 189, § 1; 1925 Supp., § 3314a1; R.C. 1943, § 11-2301; S.L. 1989, ch. 142, § 7; 1989, ch. 153, § 1; 2007, ch. 417, § 1; 2015, ch. 329, § 1, effective August 1, 2015; 2017, ch. 341, § 1, effective August 1, 2017; 2017, ch. 341, § 2, § 2, effective August 1, 2019; 2019, ch. 391, § 2, effective January 1, 2020; 2021, ch. 353, § 3, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 329, S.L. 2015 is effective on August 1, 2015.

Note.

Section 11-23-01 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 13 of Chapter 352, Session Laws 2021, House Bill 1247; and Section 3 of Chapter 353, Session Laws 2021, Senate Bill 2086.

Section 22 of chapter 417, S.L. 2007 provides: “ EXPIRATION DATE. Section 1 of this Act is effective through December 31, 2007, and after that date is ineffective and section 14 of this Act is effective through December 31, 2009, and after that date is ineffective.”

11-23-01. Officers required to furnish commissioners with departmental budget. [Effective September 1, 2022]

1. Every officer in charge of any institution, office, or undertaking supported wholly or in part by the county shall file with the board of county commissioners a departmental budget that is prescribed by the state auditor. The departmental budget must include an itemized statement of the estimated amount of money that will be required for the maintenance, operation, or improvement of the institution, office, or undertaking for the ensuing year. The board of county commissioners may require additional information to clarify the departmental budget.
2. 1. The departmental budget submitted by the human service zone may not exceed an amount determined by the department of health and human services and the human service zone director pursuant to section 50-35-04 and must include the county’s cost allocation of indirect costs based on an amount established by the department of health and human services.
   2. The county share of the human service zone’s indirect costs must be funded entirely from the county’s general fund.
   3. The department of health and human services shall develop a process to review a request from a human service zone for any proposed increase in staff. As part of its review process, the department of health and human services shall review pertinent factors, which may include caseload information. If the department of health and human services approves a request for a proposed increase in staff, the human service zone budget may be increased by the amount determined necessary by the department of health and human services to fund the approved additional staff. The human service zone director shall submit the proposed increase in staff to the human service zone board for review. The human service zone director shall work with the department to achieve equitable compensation and salary increases for all human service zone team members within the human service zone. The human service zone director shall notify appropriate host county staff of all staffing changes for administrative purposes.
3. For purposes of this section, “host county” means the county within the human service zone in which the human service zone administrative office is located and in which the human service zone team members are employed.

Source: S.L. 1913, ch. 62, § 1; C.L. 1913, § 3312; S.L. 1923, ch. 189, § 1; 1925 Supp., § 3314a1; R.C. 1943, § 11-2301; S.L. 1989, ch. 142, § 7; 1989, ch. 153, § 1; 2007, ch. 417, § 1; 2015, ch. 329, § 1, effective August 1, 2015; 2017, ch. 341, § 1, effective August 1, 2017; 2017, ch. 341, § 2, § 2, effective August 1, 2019; 2019, ch. 391, § 2, effective January 1, 2020; 2021, ch. 353, § 3, effective August 1, 2021; 2021, ch. 352, § 13, effective September 1, 2022.

11-23-02. Auditor to prepare budget of county expenditures.

The county auditor shall prepare an annual budget for the general fund, each special revenue fund, and each debt service fund of the county in the form prescribed by the state auditor. The budget must set forth specifically:

1. The detailed breakdown of the estimated revenues and appropriations requested for each fund for the ensuing year.
2. The detailed breakdown of the revenues and expenditures for each fund for the preceding year.
3. The detailed breakdown of estimated revenues and expenditures for each fund for the current year.
4. The transfers in or out for each fund for the preceding year and the estimated transfers in or out for the current year and the ensuing year.
5. The beginning and ending balance of each fund or estimates of the balances for the preceding year, current year, and ensuing year.
6. The tax levy request for any funds levying taxes for the ensuing year.
7. The certificate of levy showing the amount levied for each fund and the total amount levied.
8. The budget must be prepared on the same basis of accounting used by the county for its annual financial reports.
9. The amount of cash reserve for the general fund and each special revenue fund, not to exceed seventy-five percent of the appropriation for the fund.

Source: S.L. 1913, ch. 62, §§ 2, 3; C.L. 1913, §§ 3313, 3314; S.L. 1923, ch. 189, § 2; 1925 Supp., § 3314a2; R.C. 1943, § 11-2302; S.L. 1977, ch. 105, § 1; 1983, ch. 156, § 1; 1993, ch. 108, § 1; 2001, ch. 122, § 1.

11-23-03. Notice of meeting to act on county budget. [Repealed]

Source: S.L. 1923, ch. 189, § 3; 1925 Supp., § 3314a3; R.C. 1943, § 11-2303; repealed by 2017, ch. 411, § 23, eff for taxable years beginning after December 31, 2017.

11-23-04. Hearing on budget — Taxpayer may appear.

The board of county commissioners shall meet at the time and place designated in the notice prescribed by section 57-15-02.2. Any taxpayer who may appear shall be heard in favor of or against any proposed expenditures or tax levies. When the hearing shall have been concluded, the board shall adopt such estimate as finally is determined upon. All taxes shall be levied in specific amounts and shall not exceed the amount specified in the published estimates.

Source: S.L. 1923, ch. 189, § 4; 1925 Supp., § 3314a4; R.C. 1943, § 11-2304; 2017, ch. 411, § 1, eff for taxable years beginning after December 31, 2017.

11-23-05. Computing amount of levy.

The amount which the board of county commissioners shall levy as the county tax shall be computed by adding together the amounts of the annual appropriation and of that part of any special appropriation which is to be raised by taxation and deducting therefrom so much of the probable receipts from all sources, except loans, and so much of the unappropriated balance in the county treasury at the close of the auditor’s books for the previous year as the board deems advisable. The board, on or before the October meeting required by section 11-11-05, shall determine the amount of taxes that shall be levied for county purposes and shall levy all such taxes in specific amounts.

Source: S.L. 1923, ch. 189, § 5; 1925 Supp., § 3314a5; R.C. 1943, § 11-2305; S.L. 1983, ch. 156, § 2; 2005, ch. 105, § 1.

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

No county expenditure may be made or liability incurred, nor may a bill be paid for any purpose, in excess of the appropriation, except as provided in section 11-23-07.

Source: S.L. 1923, ch. 189, § 6; 1925 Supp., § 3314a6; R.C. 1943, § 11-2306; S.L. 1989, ch. 153, § 2.

11-23-07. Transfer of money from other funds.

If the appropriation for any purpose is not sufficient to meet the expenditures required by law, the county auditor, on the order of the board of county commissioners, may make a transfer to the required fund from any other fund, except from sinking and interest funds set aside to pay the principal or interest on outstanding bond issues, or from funds set aside to retire any other outstanding indebtedness, or from funds received from the state for road, bridge, and highway purposes. The board shall place on its records a statement of all of such transfers, with the reasons therefor in detail, and shall report fully and specifically thereon in the published statements of its proceedings.

Source: S.L. 1923, ch. 189, § 7; 1925 Supp., § 3314a7; R.C. 1943, § 11-2307.

11-23-08. Expenditure when no appropriation made. [Repealed]

Repealed by S.L. 1989, ch. 153, § 3.

11-23-09. Expenditures — Bills approved — Unexpended balances.

The expenditure of money by a county shall be in accordance with the annual appropriations of the board of county commissioners. All bills in connection with any public office or undertaking shall be approved by the official or officials in charge of the office or undertaking before being allowed by the board of county commissioners. At the closing of the auditor’s books on December thirty-first, the balance to the credit of each annual appropriation shall become a part of the general unappropriated balance in the county treasury. A special appropriation, however, shall not lapse until the work for which it was made has been completed, the bills paid, and the account closed, provided that the county fair fund mentioned in section 4-02-26 shall not be affected by this section but shall be maintained as a continuing fund for the maintenance of the county fair.

Source: S.L. 1923, ch. 189, § 9; 1925 Supp., § 3314a9; R.C. 1943, § 11-2309; S.L. 1945, ch. 158, § 1; 1957 Supp., § 11-2309; S.L. 1983, ch. 156, § 3; 1995, ch. 61, § 8.

11-23-10. Auditor’s report of county receipts and expenditures.

At the end of each fiscal year, the county auditor shall render to the board of county commissioners an account of all county receipts and expenditures.

Source: S.L. 1923, ch. 189, § 10; 1925 Supp., § 3314a10; R.C. 1943, § 11-2310.

11-23-11. Penalty for violating county budget provisions. [Repealed]

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

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

If the board of county commissioners deems it necessary, in order to preserve from mutilation and impairment the plats and plans on file in the office of the recorder, it may cause copies of the originals on file to be made by a competent engineer on sheets of tracing cloth. The board may require a bond of the engineer covering a period of five years.

Source: S.L. 1911, ch. 260, §§ 1, 2; C.L. 1913, §§ 3953, 3954; R.C. 1943, § 11-2401; S.L. 2001, ch. 120, § 1.

11-24-02. Requirements for copies of plats and plans.

The sheets of tracing cloth on which copies of the original plats and plans are made shall be not less than thirty by twenty inches [762.00 by 508.00 millimeters] nor more than thirty-one by twenty-one inches [787.40 by 533.40 millimeters] and shall be lettered in a workmanlike manner with suitable titles transcribed on them, numbered, lettered, and made up in one or more books which are bound in suitable covers so that they may be readily removed for the purpose of making prints. These copies shall serve as negatives for prints and shall be certified by the engineer in charge of the work to be correct copies of the original.

Source: S.L. 1911, ch. 260, § 1; C.L. 1913, § 3953; R.C. 1943, § 11-2402.

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

All descriptions, dedications, and written and printed matter that may be found on the original plats and plans shall be typewritten, properly paged, indexed, and bound in books to correspond with the copies of the plats and plans which serve as negatives. They shall be certified by the engineer who has charge of the work to be correct copies.

Source: S.L. 1911, ch. 260, § 3; C.L. 1913, § 3955; R.C. 1943, § 11-2403.

11-24-04. Copies of plats and typewritten copies of descriptions not used by public.

The negatives for the prints and the typewritten copies of the descriptions and dedications shall be filed and not used by the public except by persons authorized by the board of county commissioners to make additional copies.

Source: S.L. 1911, ch. 260, § 4; C.L. 1913, § 3956; R.C. 1943, § 11-2404.

11-24-05. Copies of plats and descriptions made for general use.

The engineer who shall make copies of the original plats and plans on file in any county shall furnish for general use one set of the prints, from the negatives, either on paper or cloth. Such prints shall be placed in substantial covers and bound in one or more books. Each book shall be furnished with an index, and one set of descriptions and dedications shall be bound into each such book and indexed to correspond with the prints. The board of county commissioners may replace from time to time any of the prints and typewritten sheets which have become mutilated or worn out and may cause to be made prints and typewritten descriptions of all new plats and plans that are filed with the recorder.

Source: S.L. 1911, ch. 260, § 5; C.L. 1913, § 3957; R.C. 1943, § 11-2405; S.L. 2001, ch. 120, § 1.

11-24-06. Board may replace copies of plats and descriptions — Copies of new plats made.

The board of county commissioners may replace from time to time any of the prints and typewritten sheets which have become mutilated or worn out and may cause to be made prints and typewritten descriptions of all new plats and plans that are filed with the recorder.

Source: S.L. 1911, ch. 260, § 5; C.L. 1913, § 3957; R.C. 1943, § 11-2406; S.L. 2001, ch. 120, § 1.

11-24-07. Rate of pay for making copies of plats.

The board of county commissioners shall not pay more than twenty dollars per sheet for copies of original plats and plans. This sum shall include the work necessary for making the negatives, one set of prints, the necessary covers, and two typewritten copies of descriptions and dedications.

Source: S.L. 1911, ch. 260, § 6; C.L. 1913, § 3958; R.C. 1943, § 11-2407.

11-25-01. Warrants — How signed, attested, numbered, and registered.

All warrants upon the county treasurer for claims against the county shall be issued by the county auditor upon the authority of properly audited and allowed claims or orders of the board of county commissioners. Approval by the board of county commissioners shall be recorded in the record of its proceedings and this shall be sufficient to indicate approval without requiring a majority of the board to sign or initial the vouchers or orders for payment. Each warrant shall be so drawn that when signed by the treasurer in an appropriate place, it becomes a check on the county depository. No warrant upon the treasurer shall be delivered or mailed to the payee or payee’s agent or representative until such warrant has been signed by the treasurer and entered on the treasurer’s books as a check drawn on a bank depository. Warrants for salaries of county officers and county employees may be drawn by the county auditor from time to time as such salaries become due and payable. The county auditor shall draw all other warrants or orders upon the county treasurer for the payment of moneys upon the authority and for the purposes specifically provided by law. All warrants issued by the county auditor shall be numbered consecutively or in separate series by funds. The number, date, and amount of each warrant and the name of the person to whom payable and the fund upon which drawn shall be stated therein. Warrants shall be signed by the county auditor and at the time they are issued shall be registered by the auditor in a book kept for that purpose.

Source: Pol. C. 1877, ch. 21, § 39; S.L. 1887, ch. 10, § 7; R.C. 1895, §§ 1919, 1974, 1975; R.C. 1899, §§ 1919, 1974, 1975; R.C. 1905, §§ 2414, 2489, 2490; C.L. 1913, §§ 3289, 3369, 3370; S.L. 1943, ch. 117, § 1; R.C. 1943, § 11-2501; S.L. 1955, ch. 98, § 2; 1957, ch. 111, § 1; 1957 Supp., § 11-2501; S.L. 1975, ch. 366, § 2.

Cross-References.

Issuance of warrants by county auditor, see N.D.C.C. § 11-13-06.

Payment of warrants, see N.D.C.C. ch. 21-01.

Registration of warrants, see N.D.C.C. ch. 21-01.

Rural fire protection districts, disposition of funds, see N.D.C.C. § 18-10-09.

Salaries and official publications, warrants when not sufficient funds, see N.D.C.C. § 21-01-05.

Speculation in county warrants prohibited, see N.D.C.C. § 11-14-19.

Warrants, order of payment, see N.D.C.C. § 21-01-02.

11-25-02. Treasurer to keep record of warrants paid.

Each county treasurer shall keep a record of warrants paid which shall show the number and amount of the warrant, the fund from which paid, and the amount of interest paid thereon.

Source: Pol. C. 1877, ch. 28, § 86; R.C. 1895, § 1297; R.C. 1899, § 1292; R.C. 1905, § 2469; C.L. 1913, § 3349; S.L. 1943, ch. 126, § 1; R.C. 1943, § 11-2502.

Cross-References.

County treasurer to pay out money on county warrants, see N.D.C.C. § 11-14-06.

Warrant register kept by treasurer, see N.D.C.C. § 21-01-07.

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

When the county treasurer shall redeem any county warrant or shall receive any warrant in payment of taxes on which any interest is due, the treasurer shall note on the warrant or order the amount of interest paid by the treasurer thereon. The treasurer shall enter in the treasurer’s accounts the amount of interest paid distinct from the principal of the warrant or order. At the beginning of each month, the county treasurer shall furnish to the county auditor an itemized statement of all interest paid by the treasurer during the past month to enable the auditor to reconcile the auditor’s records.

Source: Pol. C. 1877, ch. 28, § 91; R.C. 1895, § 1310; R.C. 1899, § 1300; R.C. 1905, § 2476; C.L. 1913, § 3356; R.C. 1943, § 11-2503.

Cross-References.

Treasurer not credited with interest paid unless warrant endorsed, see N.D.C.C. § 11-14-17.

11-25-04. Treasurer to mark warrants redeemed.

When the county treasurer pays any warrant drawn on the treasurer by the county auditor, or when the treasurer takes or receives any warrant or receipt in payment of any tax, the treasurer shall write or stamp on the face of such warrant, order, or receipt the word “redeemed” or “paid” and the date of redemption or payment.

Source: Pol. C. 1877, ch. 28, § 92; R.C. 1895, § 1311; R.C. 1899, § 1300; R.C. 1905, § 2476; C.L. 1913, § 3356; R.C. 1943, § 11-2504.

11-25-05. Warrants — Cancellation — Description in minutes.

The board of county commissioners, at each regular meeting, may cancel all warrants drawn on any fund of the county which have remained unpaid for a period of one year or more. The board may cancel all warrants which have been subject to payment and which have not been presented for payment for a period of one year or more. The board, before canceling any such warrant, shall cause to be entered in the minutes of its proceedings a brief description of the warrant, containing the name of the payee, and the number, date, and amount of each warrant to be canceled. If the party entitled to any such warrant shall appear and give good and sufficient reason for the party’s delay in calling for such warrant or in presenting the same for payment, the board may issue a new warrant in the amount to which the party is entitled, except for the statute of limitations.

Source: S.L. 1887, ch. 37, §§ 1, 2; R.C. 1895, § 1904; R.C. 1899, § 1904; R.C. 1905, § 2398; C.L. 1913, § 3272; R.C. 1943, § 11-2505; S.L. 1983, ch. 157, § 1.

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

The board of county commissioners of any county may dispose of any property, either real or personal, which the county has acquired through purchase, forfeiture, conveyance, or operation of law other than through tax sale proceedings, under this chapter. When the property to be disposed of is property conveyed pursuant to Public Law No. 115-308, or property estimated by the board to be of a value of less than one thousand dollars, it may be sold at private sale upon the proper resolution of the board. In all other cases, the property may be sold only at public sale or as provided under section 11-27-03.1.

Source: S.L. 1907, ch. 67, § 1; C.L. 1913, § 3274; S.L. 1937, ch. 123, § 1; R.C. 1943, § 11-2701; S.L. 1967, ch. 103, § 1; 1987, ch. 156, § 1; 2019, ch. 97, § 1, effective March 20, 2019.

Cross-References.

Archaeological or paleontological materials, reservation, see N.D.C.C. § 55-03-06.

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

Upon the resolution of the board of county commissioners authorizing the sale of county property at public sale, the county auditor shall cause to be published in the official county newspaper once each week for two consecutive weeks a notice containing a description of the property to be sold and designating the place where and the day and hour when the sale will be held. The notice must specify whether the bids are to be received at auction or as sealed bids as determined by the board.

Source: S.L. 1907, ch. 67, § 1; C.L. 1913, § 3274; S.L. 1937, ch. 123, § 1; R.C. 1943, § 11-2702; 2017, ch. 93, § 1, effective August 1, 2017.

11-27-03. Where sale held — Sale to highest bidder.

The sale of county property at public sale shall be held at the office of the county auditor and shall be conducted by the auditor. The property advertised shall be sold to the highest bidder if the highest bid is deemed sufficient by a majority of the members of the board of county commissioners.

Source: S.L. 1907, ch. 67, § 1; C.L. 1913, § 3274; S.L. 1937, ch. 123, § 1; R.C. 1943, § 11-2703.

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

As an alternative to public sale under section 11-27-01, the board of county commissioners may by resolution describe the real property of the county which is to be sold; provide a maximum rate of fee, compensation, or commission; and provide that the county reserves the right to reject any and all offers determined to be insufficient. After adoption of the resolution, the board of county commissioners may engage licensed real estate brokers to attempt to sell the described property by way of nonexclusive listing agreements.

Source: S.L. 1987, ch. 156, § 2.

11-27-04. Reservation of mineral rights. [Repealed]

Repealed by S.L. 1951, ch. 112, § 1.

11-27-04.1. County lands may be conveyed to United States free of reservations.

Whenever the United States of America or any of its agencies or agents shall desire or be required to acquire or approve title to lands owned by any county, the board of county commissioners shall have power to convey the same free from any reservation of oil, gas, and minerals and rights thereto, and free of reservations of archaeological materials.

Source: S.L. 1949, ch. 311, § 3; R.C. 1943, 1957 Supp., § 11-27041.

11-27-04.2. Reservations may be released to United States.

Whenever any county shall have conveyed lands to any person and shall have reserved oil, gas, or minerals or rights therein or archaeological materials and the United States of America or any of its agencies or agents shall desire or be required to acquire or approve title to such lands, the board of county commissioners shall be authorized to release to the United States of America or its agency or agent everything so reserved. Such board of county commissioners shall have full power to fix and determine the consideration, if any, and terms upon which such release shall be given and any moneys or other consideration received for such release shall be covered into the fund for the benefit of which such reservations were made.

Source: S.L. 1949, ch. 311, § 4; R.C. 1943, 1957 Supp., § 11-27042.

Cross-References.

Reservations on state lands, see N.D.C.C. §§ 38-09-01.1, 38-09-01.2.

11-27-05. Drilling or mining leases by county.

The county, acting by and through the board of county commissioners, may join with the other owner or owners of the mineral rights in any lands in which an interest in such rights has been reserved by the county in making any standard or reasonable contract for the drilling, mining, or production of oil, gas, and minerals upon a royalty basis.

Source: S.L. 1941, ch. 136, § 2; R.C. 1943, § 11-2705.

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

All the interest of a county in its lands is conveyed when an order is made for the sale by the board of county commissioners and a deed reciting such order is executed in the name of the county by the chairman of the board and signed and acknowledged by the chairman for and on behalf of the county.

Source: Pol. C. 1877, ch. 21, §§ 28, 29; R.C. 1895, § 1905; R.C. 1899, § 1905; R.C. 1905, § 2399; C.L. 1913, § 3273; R.C. 1943, § 11-2706.

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

The proceeds of the sale of county property shall be paid into the county treasury. Any amounts which may be due to the state or to any city or school district for taxes which have been levied previously against the property, or a just proportion thereof, shall be apportioned and placed to the credit of such taxing district, and the remainder of the proceeds shall go into the general fund of the county.

Source: S.L. 1907, ch. 67, § 1; C.L. 1913, § 3274; S.L. 1937, ch. 123, § 1; R.C. 1943, § 11-2707.

11-27-08. Board of county commissioners may set aside county tax deed lands for park purposes.

The board of county commissioners may set aside and transfer to any municipality for park and recreational purposes any land which the county has acquired through tax lien foreclosure proceedings and upon which tax deeds have been issued to the county if the land is suitable and fit for use as a public park or recreational center. The transfer may be made without consideration or for such consideration as the board deems sufficient. The board also may establish such property as a county park or attach the same to and make it a part of a county park already established. All unpaid taxes against the land shall be canceled, and the land so set aside shall be withdrawn from the list of property for sale by the county.

Source: S.L. 1935, ch. 118, §§ 1, 2; R.C. 1943, § 11-2708; S.L. 1999, ch. 503, § 3.

Cross-References.

Abandonment or transfer of land by municipality or park district, see N.D.C.C. § 40-49-23.

Validation of sales to municipalities prior to March 3, 1955, see N.D.C.C. § 1-06-05.

11-27-09. Sale of county lands to United States for national forest purposes.

If any land owned by any county is desired by the United States for national forest purposes, the board of county commissioners of such county may determine and appraise its value and may submit a copy of the appraisal to the proper agency or officer of the United States. If the willingness of the United States to pay such appraised value is expressed by appropriate action of the authorized agency or officer, the said lands may be advertised for sale in the manner provided in title 57. If no acceptable and satisfactory bid in excess of the appraised value is received, the board may sell the lands to the United States upon payment of the appraised and agreed value thereof.

Source: S.L. 1933, ch. 187, § 3; R.C. 1943, § 11-2709.

11-27-09.1. Federal payments for game and fish lands — Allocation within county.

Payments made by the federal government under the provisions of Public Law No. 88-523 [16 U.S.C. 715s] to any county in the state for lands taken by the federal government for game and fish management purposes shall be apportioned by that county’s treasurer. Twenty-five percent thereof shall be apportioned among the townships in which the land taken is located in proportion to the number of acres [hectares] taken in each township, and shall be earmarked for roads and deposited in the townships’ special road fund. Such funds received by unorganized townships shall be deposited in a special road and bridge fund maintained by the county for that township. The remaining seventy-five percent shall be apportioned among the school districts in which the land taken is located in proportion to the number of acres [hectares] taken.

Source: S.L. 1973, ch. 102, § 1; 1973, ch. 202, § 6.

Law Reviews.

Waterfowl Production Areas: A State Perspective, 60 N.D. L. Rev. 659 (1984).

11-27-10. Board of county commissioners may deed back land donated for a special purpose.

If land which has been donated to the county for a special purpose has not been used for the purpose for which it was donated, for a period of one year or more, the board of county commissioners may convey the land back to the donor or the donor’s heirs or assigns for a nominal consideration if the donor or the donor’s heirs or assigns demand such conveyance back to them.

Source: S.L. 1915, ch. 107, § 1; 1925 Supp., § 3274a1; R.C. 1943, § 11-2710.

11-27-11. County may exchange lands on Indian reservation for lands of federal government.

Any county of the state, through its board of county commissioners, may exchange tracts of land belonging to such county within any Indian reservation in said county, for lands of like character and value belonging to the United States government on Indian reservations within the state. The county may execute and deliver proper conveyances of such lands in the manner and form provided by law, but without the necessity of complying with any statute requiring notice of exchange or competitive bidding, and may accept in return therefor a proper instrument of conveyance to the county of the lands of the federal government for which such county lands are exchanged. Such lands exchanged by the county shall be appraised in the manner provided for the sale of real property acquired by the county for delinquent taxes, and the exchange shall be subject to the approval of the appropriate department of the federal government.

Source: S.L. 1939, ch. 216, § 2; R.C. 1943, § 11-2711.

11-27-12. Board of county commissioners permitted to exchange lands.

The board of county commissioners of any county in this state may exchange any lands, the title to which has been acquired by tax deed proceedings, for any other lands in the same county, when it is deemed advisable or for the best interests of the county that such exchange be made, upon publication by such board of notice of the proposed exchange. Such notice shall be published six, four, and two weeks prior to the date of the proposed exchange in the official newspaper of the county in which the lands are located. The notice shall give the legal description of the lands to be exchanged and the names of the respective owners thereof. The decision of the said board to exchange the lands may be appealed from in the manner provided by law. The board of county commissioners shall not be authorized or permitted to acquire title to any land through exchange for it of other property, unless the county shall receive full value in such exchange, and unless the land so acquired shall be free and clear of all liens and encumbrances. In making an exchange for other lands, the board of county commissioners shall not be permitted to pay out or expend any funds or money belonging to the county, except the expenses incurred in the publication as herein provided.

Source: S.L. 1941, ch. 126, § 1; R.C. 1943, § 11-2712.

11-27-13. Land exchanged transferred by deed.

Upon the making of an exchange of lands for other lands in the county as provided in section 11-27-12, the board of county commissioners and the county auditor may give a deed in the usual form, transferring all the right, title, and interest of the county in or to such lands held through tax deed proceedings, to the party or parties from whom the county receives other lands in exchange therefor. They may receive a deed from such other parties, conveying to the county the title to such lands as are acquired through such exchange.

Source: S.L. 1941, ch. 126, § 2; R.C. 1943, § 11-2713.

11-28-01. Board of county park commissioners — Appointment by county commissioners — Number.

The board of county commissioners shall establish a five-member to seven-member board of county park commissioners consisting of at least two members of the county commission and at least two resident citizens of the county.

Source: S.L. 1953, ch. 116, § 1; R.C. 1943, 1957 Supp., § 11-2801; 2009, ch. 114, § 2.

Collateral References.

Judicial notice of matters relating to public thoroughfares and parks, 48 A.L.R.2d 1102.

Municipal corporation’s power to exchange its real property used for a park or public square, 60 A.L.R.2d 220, 239.

Minerals: relative rights, as between municipality and abutting landowners, to minerals, oil, and gas underlying streets, alleys, and parks, 62 A.L.R.2d 1311.

Access to street or highway, power of park commission to directly regulate or prohibit abutter’s, 73 A.L.R.2d 652.

Power of municipality to charge nonresidents higher fees than residents for use of municipal facilities, 57 A.L.R.3d 998.

Construction of highway through park as violation of use to which park property may be devoted, 60 A.L.R.3d 581.

Judicial notice as to location of street address within particular political subdivision, 86 A.L.R.3d 484.

11-28-02. Eligibility for appointment — Term — Vacancy — Compensation.

Any resident citizen of the county, including county, city, and township officers, is eligible for appointment to the board of county park commissioners. Each appointed county park commissioner shall hold office for a term of three years, or until a successor is appointed and qualified. Any vacancy in the board must be filled for the unexpired term by appointment by the board of county commissioners as soon as practicable. The appointing authority shall establish the rate of compensation for park commissioners and actual expenses incurred by the commissioners may be reimbursed at the official reimbursement rates of the appointing authority. Unless otherwise agreed upon, the board of county park commissioners shall meet at the time of the regular meetings of the board of county commissioners upon the order of the chairman, and appointed members only are entitled to compensation for attendance at the concurrent meetings.

Source: S.L. 1953, ch. 116, § 2; R.C. 1943, 1957 Supp., § 11-2802; S.L. 2003, ch. 93, § 1; 2009, ch. 114, § 3; 2013, ch. 93, § 5.

Effective Date.

The 2013 amendment of this section by section 5 of chapter 93, S.L. 2013 became effective August 1, 2013.

Cross-References.

Compensation of county commissioners, see N.D.C.C. § 11-10-10.

11-28-03. County auditor, county treasurer, and state’s attorney shall serve board.

The county auditor or other official designated by the board shall serve as secretary of the board of county park commissioners and the county treasurer shall serve as treasurer of the board and custodian of all its funds from whatever source received. Such funds shall be placed in a separate fund and shall not be diverted to any other use or purpose. The state’s attorney of the county shall act as legal adviser to the board and shall prosecute and defend any and all actions brought by or against said board. Neither the county auditor nor official designee, the county treasurer, nor the state’s attorney shall receive any additional compensation for acting in their respective capacities.

Source: S.L. 1953, ch. 116, § 3; R.C. 1943, 1957 Supp., § 11-2803; 2009, ch. 114, § 4.

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

Within twenty days after the appointment of the board of county park commissioners, and within twenty days after any change in its personnel, the board shall meet and shall organize by selecting one of its members as chairman. One-half or more of the members constitutes a quorum of the board. The board shall hold such meetings as may be required for the transaction of its business and activities. If the board decides to hold meetings at a time other than the time for regular meetings of the board of county commissioners, the board shall draft a schedule of regular meetings to be held throughout the year. The schedule must be filed with the county auditor and the meetings must be noticed in accordance with section 44-04-20. A special or emergency meeting may be called by the secretary upon the order of the chairman, or upon the request of the majority of the board with notice provided in accordance with section 44-04-20.

Source: S.L. 1953, ch. 116, § 4; R.C. 1943, 1957 Supp., § 11-2804; 2009, ch. 114, § 5.

11-28-05. Powers and duties of the board of park commissioners.

The board of county park commissioners shall have the power and it shall be its duty to:

1. Sue and be sued in the name of the board.
2. Accept on behalf of the county any and all lands and waters and any and all interests, easements, or rights therein, and any gifts, grants, donations, or trusts in money or property, or other assistance, financial or otherwise, from federal, state, municipal, and other public or private sources for park and recreational purposes; accept and assume the supervision, control, and management of any privately owned property or recreational area, when the conditions of the offer for its public use are such as in the judgment of the board will be conducive to the best interests of the people of the county and state; and acquire by lease, purchase, gift, devise, or otherwise and hold, own, possess, and maintain real and personal property for parks and recreational purposes.
3. Cooperate and contract with the state or federal government or any department or agency thereof in furnishing assurances and meeting local cooperation requirements in connection with any project involving the construction, improvement, operation, maintenance, conservation, or use of any park or recreational area under the jurisdiction, supervision, control, and management of the board.
4. Regulate, supervise, control, and manage all areas of land and water owned or held by the county or which may be, under written agreement, placed by an individual, a corporation, a limited liability company, the federal, state, or a municipal government, or any department or agency thereof, under the jurisdiction, supervision, control, and management of the board of county park commissioners for park or recreational purposes.
5. Promulgate, publish, and impose rules and regulations concerning the uses to which such land and water areas may be put, including the regulation or prohibition of the construction, establishment, or maintenance therein or thereon or within one-half mile [.80 kilometer] thereof of any concession, dancehall, dance parlor, dance pavilion, soft or hard drink parlor or bar, and of any and all establishments of every name, nature, or description which may, in the judgment of the board, be unsightly, noisome, improper, inappropriate, or detrimental to the social usages of the area or areas for park and recreational purposes.
6. Regulate, supervise, control, and manage all such land and water areas, including all lakes, streams, and ponds and all artificial bodies of water created by any water development or water conservation or flood control project of the county, state, or federal government not under the jurisdiction, supervision, or control of any other board, department, or governing body.
7. Exercise full police power, supervision, control, and management over such areas and the adjoining and adjacent lands within one-half mile [.80 kilometer] thereof, and by regulations duly promulgated, published, and imposed regulate or prohibit the construction, establishment, maintenance, or operation within one-half mile [.80 kilometer] of any such land or water area of any dancehall, dance parlor, dance pavilion, soft or hard drink parlor or bar, and any and all establishments of every name, nature, and description which may, in the judgment of the board, be unsightly, noisome, improper, inappropriate, or detrimental to the social usages of any land area or body of water so developed or created. The authority provided by these subsections is intended to be exercised for the protection of the health, safety, good morals, and general welfare of the people of the county and state to the fullest extent permissible under the police power of the county and state.
8. Prevent the pollution, contamination, or other misuse of any water resource, stream, or body of water under its jurisdiction, supervision, control, or management.
9. Certify to the county auditor the amount of money necessary to meet the estimated expenses and costs of properly conducting its business and activities, including the operation, maintenance, and improvement of the park and recreational areas under its control and those recreational activities of benefit to the general populace of the county which are under the control of a city or a city park district within the county for the ensuing year, such certificate to be filed with the county auditor not later than the first day of July each year. Such certificate shall be accompanied by an itemized budget statement showing the detailed expenditure program, as nearly as possible, of the board for the ensuing year.
10. Do all the things reasonably necessary and proper to preserve the benefits accruing from the park and recreational areas under the jurisdiction, supervision, control, and management of the board of county park commissioners.
11. To exercise the power of eminent domain in the manner provided by title 32 for the purpose of acquiring and securing any right, title, interest, estate, or easement necessary to carry out the duties imposed by this chapter, and particularly to acquire the necessary rights in land for the control of the shores of any lake and to protect the right of ingress and egress therefrom and to provide recreational areas or facilities.
12. Lease lands owned or controlled by the board for residential, camping, concession, and other purposes under terms determined by the board, and to deposit and expend any income from the lease as other moneys under the control of the board.

Source: S.L. 1953, ch. 116, § 5; R.C. 1943, 1957 Supp., § 11-2805; S.L. 1959, ch. 124, § 1; 1981, ch. 145, § 1; 1989, ch. 145, § 3; 1993, ch. 54, § 106; 1995, ch. 117, § 1.

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

1. A board of county park commissioners may prescribe and collect user fees for facilities or activities furnished by the county and in anticipation of the collection of such revenues may issue evidences of indebtedness for the purpose of acquiring, constructing, improving, and equipping parks and park and recreational buildings and facilities, and for the purpose of acquiring land for those purposes.
2. Evidences of indebtedness issued under this section are payable, as to principal and interest, solely from all or part of the revenues referred to in this section and pledged for such payment.
3. Notwithstanding any other provision of law, evidences of indebtedness issued under this section are fully negotiable, do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and together with interest thereon and income therefrom, are not subject to taxation by the state of North Dakota or any political subdivision of the state.
4. Evidences of indebtedness issued under this section must be authorized by resolution of the board of county park commissioners and, notwithstanding any other provision of law, may be issued and sold in such manner and amounts, at such times, in such form, and upon such terms, bearing interest at such rate or rates, as may be determined in the resolution.

Source: S.L. 1989, ch. 145, § 4.

Cross-References.

Service districts, establishment, see N.D.C.C. § 11-28.1-01.

11-28-06. County parks and recreation areas funding and county parks and recreation areas capital projects levy by board of county commissioners — Financial report.

At the time of levying county general fund taxes for other county purposes, the board of county commissioners shall consider the budget statement and levy request of the board of county park commissioners and may fund from revenues derived from county general fund levy authority an amount to pay the actual necessary expenses of the county park and recreational areas and activities program of the board of county park commissioners, including repair and operation of the park and recreational areas and their facilities under its control and those recreational activities of benefit to the general populace of the county which are under the control of a city or a city park district within the county. In the year for which the levy in sought, a board of county park commissioners seeking approval of a property tax levy under this chapter must file with the county auditor, at a time and in a format prescribed by the county auditor, a financial report for the preceding calendar year showing the ending balances of each fund held by the board of county park commissioners during that year. The county auditor shall credit the funding authorized by the board of county commissioners to the separate fund of the board of county park commissioners. This levy shall not apply to cities that already have a park levy unless the governing body of the city by resolution consents to the levy.

The board of county commissioners shall consider the certificate and budget statement of the board of county park commissioners and may levy taxes annually as provided in 57-15-06.6 for county park capital projects and acquiring real estate as a site for public parks and construction and equipping and maintaining structural and mechanical components of parks and recreational facilities. The question of whether the levy for county park capital projects for county parks and recreational facilities is to be discontinued must be submitted to the qualified electors at the next regular election upon petition of twenty-five percent of the qualified electors voting in the last regular county election, if the petition is filed not less than sixty days before the election. A levy may not be discontinued or reduced if it is dedicated to the payment of bonds issued pursuant to subsection 6 of section 21-03-07. If the majority of the qualified electors vote to discontinue the levy for county park capital projects for county parks and recreational facilities, it may not again be levied without a majority vote of the qualified electors at a later regular election on the question of relevying the tax, which question may be submitted upon petition as above provided or by decision of the governing board. The levy for county park capital projects for county parks and recreational facilities does not apply to any property located in a city in which park district taxes are levied, unless the governing body of the city in which the property is located consents, by resolution, to the levy.

Source: S.L. 1953, ch. 116, § 6; 1957, ch. 112, § 12; R.C. 1943, 1957 Supp., § 11-2806; S.L. 1975, ch. 104, § 1; 1981, ch. 145, § 2; 1983, ch. 606, § 16; 2015, ch. 88, § 11; 2015, ch. 439, § 17; 2015, ch. 92, § 7, effective January 1, 2016.

Effective Date.

The 2015 amendment of this section by section 11 of chapter 88, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

The 2015 amendment of this section by section 7 of chapter 92, S.L. 2015 is effective for taxable years beginning after December 31, 2015.

The 2015 amendment of this section by section 17 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

Note.

Section 11-28-06 was amended 3 times by the 2015 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 7 of Chapter 88, Session Laws 2015, Senate Bill 2217; Section 11 of Chapter 92, Session Laws 2015, Senate Bill 2056; and Section 17 of Chapter 439, Session Laws 2015, Senate Bill 2144.

11-28-07. Auditing and payment of bills.

All bills incurred by the board of county park commissioners shall be audited and recommended for payment by said board and shall be certified to the county auditor who shall present them for audit and allowance by the board of county commissioners in the same manner as other bills of the county are audited and allowed. Upon the allowance of such bills, they shall be paid out of the funds standing to the credit of the board of county park commissioners, from whatever source received, in the same manner in which other county obligations are usually paid.

Source: S.L. 1953, ch. 116, § 7; R.C. 1943, 1957 Supp., § 11-2807.

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

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

Source: S.L. 1953, ch. 116, § 8; R.C. 1943, 1957 Supp., § 11-2808.

11-28-09. Violation of any rule or regulation — Penalty — Injunction.

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

Source: S.L. 1953, ch. 116, § 9; R.C. 1943, 1957 Supp., § 11-2809; S.L. 1975, ch. 106, § 91.

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

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

Source: S.L. 1953, ch. 116, § 10; R.C. 1943, 1957 Supp., § 11-2810; S.L. 1985, ch. 151, § 14.

11-28-11. Declaration of power — Saving clause.

It is the purpose of sections 11-28-01 through 11-28-11, among other things, to ensure to the people of the state that the bodies of water, parks, and recreational areas created by public agencies in whole or in part with public funds for the use and enjoyment of the public shall not be made the source of private gain through means inconsistent with the best social uses of the same, and to that end the above-named sections shall be liberally construed. The provisions of sections 11-28-01 through 11-28-11 relating to the manner in which these objectives are to be accomplished do not form an inducement for its enactment. The powers herein granted to the board over private lands shall extend only so far as not prohibited by the state or federal constitutions. Should any word, sentence, paragraph, or section hereof be held to be unconstitutional, or should the exercise of any of the powers herein granted be in any particular circumstances in violation of either the state or federal constitution, the remaining provisions would have been enacted even though such provisions had been eliminated, hence invalidity of any part of sections 11-28-01 through 11-28-11 shall not affect the remainder of these sections, but the same shall continue to be in full force and effect as to all other provisions and all other circumstances within the limits of the constitution.

Source: S.L. 1953, ch. 116, § 11; R.C. 1943, 1957 Supp., § 11-2811.

11-28-12. Joint county park district. [Repealed]

Source: S.L. 1957, ch. 112, § 1; R.C. 1943, 1957 Supp., § 11-2812; S.L. 1963, ch. 115, § 1; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28-13. Compensation — Vacancy — Meetings. [Repealed]

Source: S.L. 1957, ch. 112, § 2; R.C. 1943, 1957 Supp., § 11-2813; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28-14. Secretary and treasurer. [Repealed]

Source: S.L. 1957, ch. 112, § 3; R.C. 1943, 1957 Supp., § 11-2814; repealed by 2015, ch. 439, § 104, effective January 1, 2015.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28-15. Organization — Quorum. [Repealed]

Source: S.L. 1957, ch. 112, § 4; R.C. 1943, 1957 Supp., § 11-2815; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28-16. Powers and duties of board. [Repealed]

Source: S.L. 1957, ch. 112, § 5; R.C. 1943, 1957 Supp., § 11-2816; S.L. 1993, ch. 54, § 106; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28-17. District budget — Tax levy — Election. [Repealed]

Source: S.L. 1957, ch. 112, § 6; R.C. 1943, 1957 Supp., § 11-2817; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

11-28-18. Auditing and payment of bills. [Repealed]

Source: S.L. 1957, ch. 112, § 7; R.C. 1943, 1957 Supp., § 11-2818; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28-19. Publication of rules and proceedings. [Repealed]

Source: S.L. 1957, ch. 112, § 8; R.C. 1943, 1957 Supp., § 11-2189; S.L. 1989, ch. 83, § 6; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28-20. Violation of rules — Penalty. [Repealed]

Source: S.L. 1957, ch. 112, § 9; R.C. 1943, 1957 Supp., § 11-2820; S.L. 1975, ch. 106, § 92; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28-21. Police officers to enforce provisions. [Repealed]

Source: S.L. 1957, ch. 112, § 10; R.C. 1943, 1957 Supp., § 11-2821; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28-22. Declaration of power. [Repealed]

Source: S.L. 1957, ch. 112, § 11; R.C. 1943, 1957 Supp., § 11-2822; Repealed by 2015, ch. 439, § 104, eff for taxable years beginning after December 31, 2014.

Effective Date.

The repeal of this section by section 104 of chapter 439, S.L. 2015 is effective for taxable years beginning after December 31, 2014.

11-28.1-01. Board of county park commissioners may establish service districts.

For the purpose of providing police protection and garbage removal services and defraying the cost thereof, any board of county park commissioners may create police protection and garbage removal service districts, and may extend any such district when necessary. The appropriate police protection or garbage removal district shall be created by resolution. The district shall be designated by a name appropriate to the type of service provided for which it is created, and by a number distinguishing it from other service districts. A police protection or garbage removal district may be composed in part or entirely of or include real property which is not otherwise under the jurisdiction of the board of county park commissioners, but which is contiguous to real property under the jurisdiction of the park commissioners and directly benefited by the proposed police protection and garbage removal. The county park commissioners may provide garbage collection services in such district as designated in the resolution, and may designate police officers who shall have police powers for the enforcement of the laws of this state within such district, such police authority to be executed concurrently with other law enforcement officers having jurisdiction over such area.

Source: S.L. 1967, ch. 104, § 1.

11-28.1-02. Plans and specifications required — Approval.

Following the creation of a service district as provided in section 11-28.1-01, the board of county park commissioners shall prepare plans and specifications for such project, including an estimate of the probable cost. The plans, specifications, and estimates provided for shall be approved by a resolution of the board of county park commissioners. The plans, specifications, and estimates shall be the property of the county and shall be filed in the office of the county auditor and shall remain on file in the auditor’s office subject to inspection by interested persons.

Source: S.L. 1967, ch. 104, § 2.

11-28.1-03. Hearing — Notice.

The board of county park commissioners shall cause the resolution adopting the plans, specifications, and estimates for the police protection or garbage removal district to be published once each week for two consecutive weeks in the official county newspaper, together with a notice of the time and place where the board of county park commissioners will meet to hear objections made by any interested party or an interested party’s agent or attorney. The date set for such hearing shall be not less than fifteen days after the first publication of the notice.

Source: S.L. 1967, ch. 104, § 3.

11-28.1-04. Protest against establishing service district — Hearing to determine sufficiency — When protest a bar to proceeding.

If, within thirty days after the hearing provided for in section 11-28.1-03, written protests signed by the owners of more than half of the area of the property included within the service district are filed in the offices of the county auditor, the protests shall be a bar against proceeding further with the project described in the specifications. The board of county park commissioners, at its next meeting after the expiration of the time for filing such protests, shall consider and determine the sufficiency of any protests filed. If no protests are filed or the protests are found to be insufficient or invalid, the board of county park commissioners may initiate and carry on the project.

Source: S.L. 1967, ch. 104, § 4.

11-28.1-05. Assessment of expenses.

The expenses of maintaining the service provided by the service district shall be assessed against the parcels of land properly chargeable therewith, in amounts to be determined by and in accordance with the provisions of section 40-23-05. For the purpose of assessing the expenses of a service district, the board of county park commissioners shall serve as the special assessment commission.

Source: S.L. 1967, ch. 104, § 5.

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

The board of county park commissioners, serving as the special assessment commission, shall make or cause to be made a complete list of the annual benefits and assessments setting forth each lot or tract of land assessed, the amount each lot or tract is annually benefited by the service, and the amount annually assessed against each. There shall be attached to the list of assessments a certificate signed by a majority of the members of the special assessment commission certifying that the same is a true and correct assessment of the property therein described to the best of their judgment, and stating the several items of expense included in the assessment.

Source: S.L. 1967, ch. 104, § 6.