§ 40-02-06 — Board of county commissioners to consider petition

Before hearing the petition, the board of county commissioners shall require proof, either by
affidavit or by oral examination of witnesses before it, that notice as required by section
40-02-05 was given and that the survey, map, and census were subject to examination in the
manner and for the period required by this chapter. All interested persons shall have the
opportunity to comment at the hearing. The board shall have the authority to approve or
disapprove, with or without amendment, the petition for incorporation. Before taking action on a
petition, the board may consider such factors as the permanent nature of the community, the
necessity for incorporation shown by the community, the ability of the community to assume
municipal responsibilities, and the showing that the burdens and benefits of incorporation will be
equal and just.
The board of county commissioners shall make a written record of its findings on each of
the assertions contained in the petition and shall provide any interested person with a copy of
those findings. If the board is satisfied that the petition should be approved, it shall make an

order fixing the time and the places within the boundaries of the proposed municipality at which
an election may be held to determine the question of incorporation as requested in the petition.
If the territory described in the petition is located in more than one county, the board shall, after
consultation with the board of the other county involved, designate a separate election place in
each county in which any part of the territory described in the petition is situated. The board
shall name the persons to act as judges of the election in each such election place.