58-18 Special Assessments by Township - North Dakota Statutes

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CHAPTER 58-18SPECIAL ASSESSMENTS BY TOWNSHIP58-18-01.Power of townships to defray expenses of improvements by specialassessment. A township, upon complying with the provisions of this chapter, may defray the
expenses of improvements through special assessment districts.58-18-02.Improvement districts to be created.For the purpose of making animprovement project and defraying the cost by special assessment, a board of township
supervisors may create an improvement district upon petition of sixty percent of the freeholders
in a proposed improvement district area. The improvement district must be designated by a
name appropriate to the type of improvement and by a number distinguishing it from other
improvement districts.58-18-03. Size and form of improvement districts. Each improvement district must beof such size and form as to include all properties, which in the judgment of the board of township
supervisors will be benefited by the construction of the improvement project that is proposed to
be made in or for the district.58-18-04. Approval of plans, specifications, and cost estimates - Special meeting.After an improvement district has been created, the board of township supervisors shall direct a
competent engineer to prepare a report as to the general nature, purpose, and feasibility of the
proposed improvement and an estimate of the probable cost of the work. The board of township
supervisors shall provide thirty days' written notice by first-class mail to each freeholder within the
improvement district at the address shown on the records of the county treasurer and shall
publish a notice in a legal newspaper published in the township or, if there is no such newspaper,
then in the county's official newspaper at least ten days prior to a special meeting for public
disclosure of the findings of the engineer.58-18-05.Election for proceeding.At the special township meeting for publicdisclosure of the findings of the engineer, the freeholders of the township in attendance are
entitled to vote on the question of whether to proceed with the improvement project.Uponapproval by sixty percent or more of the votes cast at the meeting or votes filed with the township
clerk within fifteen days after the meeting, the improvement project may proceed. A freeholder
affected by the project is entitled to one vote for each dollar of the proposed special assessment
against the freeholder's property within the proposed improvement district. If there is more than
one owner of a parcel of property, the votes available for the parcel must be prorated among the
owners in accordance with each owner's percentage interest in the property. If fewer than sixty
percent of the votes cast or filed on the question approve the project, the election result is a bar
against proceeding further with the improvement project described in the plans and
specifications. An election result barring proceeding further with the improvement project does
not preclude the payment of any costs incurred in developing the plans, specifications, cost
estimates, or other costs which must be paid from the general fund of the township. If the costs
incurred pose a financial burden on the general levy of a township of forty percent or more, the
board of township supervisors may levy and collect assessments from the improvement district in
yearly assessments not exceeding five years.If under forty percent, the township may usemethods approved by law.58-18-06. Election approval of project - Assessment levy. If the election under thischapter results in approval of a project, the board of township supervisors may cause the
improvement to be made and may levy and collect assessments from the improvement district.58-18-07.Appeal notice - Special meeting - Assessment determination -Limitations.Any aggrieved freeholder may appeal the special assessment against thefreeholder's real property by providing the township clerk a written notice of appeal, stating the
grounds upon which the appeal is based, within twenty days after the special township meeting.
The clerk shall notify the township board of supervisors of the appeal and schedule a special
meeting to hear the appeals by publishing a notice of the special meeting at least ten days beforePage No. 1the meeting in a legal newspaper published in the township or, if no such newspaper exists, in
the county's official newspaper. Any aggrieved freeholder who submitted an appeal may be
heard and may present reasons to change the freeholder's assessment at the special meeting.
The board of township supervisors may hear the appeals and reasons and may increase or
diminish any of the assessments as it may deem just, providing that the total amount of the
assessments may not be changed and an assessment as adjusted may not exceed the benefits
to the parcel of land on which it is assessed.Page No. 2Document Outlinechapter 58-18 special assessments by township