North Dakota § 40-05.1-07.1 Conformance with statute or court order - Amendment

North Dakota Statutes

§ 40-05.1-07.1 — Conformance with statute or court order - Amendment

North Dakota § 40-05.1-07.1

Title 40Municipal Government

Ch. 40-05.1Home Rule in Cities

This text of North Dakota § 40-05.1-07.1 (Conformance with statute or court order - Amendment) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 40-05.1-07.1 (2026).

Text

1.When a portion of a home rule charter is preempted, superseded, or invalidated by a legislative act or a court order, the city may amend portions of the home rule charter by a resolution adopted by the governing body of the city. The resolution must reference the authority supporting the amendment.

2.A resolution passed under subsection 1 is effective after adoption by the governing body of the city. A petition, approval, or vote by the electors of the city is not required to amend a city's home rule charter under this section. Within thirty days after adoption of the resolution, the city shall publish the resolution once in the official newspaper of the city or on the website of the city.

3.An amendment to a charter of a home rule city intended to add any power enumerated in section

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1. When a portion of a home rule charter is preempted, superseded, or invalidated by a
legislative act or a court order, the city may amend portions of the home rule charter by
a resolution adopted by the governing body of the city. The resolution must reference
the authority supporting the amendment.
2. A resolution passed under subsection 1 is effective after adoption by the governing
body of the city. A petition, approval, or vote by the electors of the city is not required to
amend a city's home rule charter under this section. Within thirty days after adoption of
the resolution, the city shall publish the resolution once in the official newspaper of the
city or on the website of the city.
3. An amendment to a charter of a home rule city intended to add any power enumerated
in section 40-05.1-06, which was not included in the city's original home rule charter,
may not be amended under this section and must be amended under section
40-05.1-07. The city auditor shall file a copy of an amendment to a charter of a home
rule city with the secretary of state.