North Dakota Code 61-16.1-22 – Assessment list to be published – Notice of hearing – Alteration of assessments – Confirmation of assessment list – Filing
1. After entering an order establishing the project, the water resource board shall provide notice of a hearing at which the board will meet to hear objections to the proposed assessments from any interested party or agent for an interested party. The notice must:
Terms Used In North Dakota Code 61-16.1-22
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
a. Include a copy of the order establishing the project; b. Specify the time and place of the hearing; c. Identify the beginning, terminus, and general course of the project as finally determined by the engineer and the board; d. Include the assessment list showing the percentage assessment against each parcel of land benefited by the proposed project and the approximate assessment in terms of money apportioned; e. Be mailed to each affected landowner at the landowner’s address as shown by the tax rolls of the county in which the affected property is located. The board may send the assessment list and notice by regular mail attested by an affidavit of mailing signed by the attorney or secretary of the board; and
f. Be published once a week for two consecutive weeks in the newspaper of general circulation in the area in which the affected lands are located.
2. The date set for the hearing must be at least twenty days after the notice is mailed. At the hearing, the board may alter the assessments as the board deems just and necessary to correct any error in the assessment but shall make the aggregate of all assessments equal to either the total amount required to pay the entire cost of the work for which the assessments are made, or the part of the cost to be paid by special assessment. An assessment may not exceed the benefit as determined by the board to the parcel of land or political subdivision assessed. The board then shall confirm the assessment list. The secretary shall attach to the list a certificate stating the list is correct as confirmed by the board and shall file the list in the office of the secretary.