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, to control
the property of the county, and to contract for cooperative purchases pursuant to a
joint-powers agreement under chapter 54-40.3.
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 withou
Free access — add to your briefcase to read the full text and ask questions with AI
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, to control
the property of the county, and to contract for cooperative purchases pursuant to a
joint-powers agreement under chapter 54-40.3.
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.
31. To undertake floodplain management activities in the manner provided under section