Within ten days after the hearing under section 61-24.8-17, affected landowners subject to assessment, who believe the assessment has not been fairly or equitably made, or the project is not properly located or designed, may petition the department of water resources to review the assessments and examine the location and design of the proposed project. Upon receipt of a petition, the department shall examine the lands assessed and the location and design of the proposed project. If it appears to the department the assessments have not been made equitably, the department may proceed to correct the assessments. The department’s correction and adjustment of assessments is final. If it appears to the department the project has been improperly located or designed, the department may order a relocation and redesign, which must be followed in the construction of the proposed project. Any landowner claiming to receive no direct benefit from the project may appeal to the department the question of whether there is any direct benefit. The appeal must be filed with the department within ten days after the hearing on assessments in section 61-24.8-17. The department may not determine the specific amount of benefit upon an appeal by an individual landowner and may determine only if there is any direct benefit to the landowner. The determination of the department upon the appeal is final.

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Terms Used In North Dakota Code 61-24.8-18

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Individual: means a human being. See North Dakota Code 1-01-49