§ 40-05-24 — Duties of cities granting property tax incentives

North Dakota § 40-05-24

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-05: Powers of Municipalities

Text

1. Notwithstanding any other provision of law, before granting a property tax incentive on
any parcel of property that is anticipated to receive a property tax incentive for more
than five years, the governing body of a city shall send the chairman of each county
commission and the president of each school district affected by the property tax
incentive a letter, by certified mail, which provides notice of the terms of the proposed
property tax incentive.
2. Within thirty days from receipt of the letter, each affected county and school district
shall notify the city, in writing, whether the county or school district elects to participate
in granting the tax incentive on the county or school district portion of tax levied on the
property. The notification from a county or school district electing not to participate
must include a letter explaining any reason for which the entity elected not to
participate and whether the county or school district is willing to negotiate the terms of
the property tax incentive with the city.
3. If the city does not receive a response from an affected county or school district within
thirty days of delivery of the letter, the county and school district must be treated as
participating in the property tax incentive.
4. As used in this section:
a. "Negotiation" means the governing body of an affected county or school district
may negotiate the terms of participating in the tax incentive, including the duration
of the tax incentive and the taxable value selected for the base year for purposes
of computing tax increments.
b. "Property tax incentive" includes a tax increment finance district used to offset
public or private costs for urban renewal.
5. If an agreement is reached through negotiation under this section, the property tax
incentive must be applied in accordance with the agreement.
6. Property subject to a development agreement entered pursuant to section 40-58-20.1
before August 1, 2017, and all amendments to the development agreement, is not
subject to the requirements under this section. (Effective for property tax incentives
approved after July 31, 2017)