North Dakota Code 61-16.1-18 – Hearing on assessment project – Notice
1. Upon the filing of the engineer’s report provided for in section 61-16.1-17, and after satisfying the requirements of section 61-16.1-21, the water resource board shall fix a date and place for a public hearing on the proposed project. The place of hearing must be in the vicinity of the proposed project and must be convenient and accessible for the majority of the landowners subject to assessment for the project or whose property is subject to condemnation for the proposed project.
Terms Used In North Dakota Code 61-16.1-18
- 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.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- 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
2. The board shall cause a complete list of the benefits and assessments to be made, setting forth each county, township, or city assessed in its corporate capacity as well as each lot, piece, or parcel of land assessed; the amount each would be benefited by the proposed project; and the amount assessed against each. At least ten days before the hearing, the board shall file with the county auditor of each county in which the project is or will be located the list showing the percentage assessment against each parcel of land benefited by the proposed project and the approximate assessment in terms of money apportioned to each parcel.
3. The water resource board shall provide notice of the hearing which must: a. Include a copy of the petition, if any, and the resolution of the board; 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. Specify when and where votes concerning the proposed project may be filed; e. 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 to each parcel; f. Be mailed with a ballot to vote on the proposed project 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 notice and ballot by regular mail attested by an affidavit of mailing signed by the attorney or secretary of the board; and
g. 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.
4. The date set for the hearing must be at least twenty days after the day the notice is mailed. A record of the hearing must be made by the board, include a list of affected landowners present in person or by agent, and be preserved in the minutes of the meeting. Each affected landowner and the governing body of any county, township, or city to be assessed must be informed at the hearing of the probable total cost of the project, the share of the cost the landowner or governing body will be assessed, and the portion of landowner or governing body’s property, if any, to be condemned for the project.