North Dakota § 40-22-01.1 Restoration of property damaged in flood control or during a declared disaster or emergency - Special assessments for costs

North Dakota Statutes

§ 40-22-01.1 — Restoration of property damaged in flood control or during a declared disaster or emergency - Special assessments for costs

North Dakota § 40-22-01.1

Title 40Municipal Government

Ch. 40-22Improvements by Special Assessment Method

This text of North Dakota § 40-22-01.1 (Restoration of property damaged in flood control or during a declared disaster or emergency - Special assessments for costs) 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 § 40-22-01.1 (2026).

Text

disaster or emergency - Special assessments for costs.
When any city has constructed any temporary emergency flood control protection devices
or works to protect property located within a portion of a city from flood damage or expended
funds for the protection of the city from flood or other peril under chapter 37-17.1 or otherwise,
the city may maintain and remove material used in the construction of the temporary emergency
flood control protection devices or works and repair damages to land, buildings, or personal
property caused by the operation of its equipment upon the property while in the process of
installing or removing the temporary emergency flood protection systems. The city may create
by resolution of its governing board a special assessment district encompassing the protected

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disaster or emergency - Special assessments for costs.
When any city has constructed any temporary emergency flood control protection devices
or works to protect property located within a portion of a city from flood damage or expended
funds for the protection of the city from flood or other peril under chapter 37-17.1 or otherwise,
the city may maintain and remove material used in the construction of the temporary emergency
flood control protection devices or works and repair damages to land, buildings, or personal
property caused by the operation of its equipment upon the property while in the process of
installing or removing the temporary emergency flood protection systems. The city may create
by resolution of its governing board a special assessment district encompassing the protected
area. Special assessments against the property within the district must be imposed to cover the
costs incurred by the city in constructing and maintaining the emergency flood protection
devices or works and in removing the material used and in repairing the damages caused by the
operation of equipment while installing or removing the temporary emergency flood protection
systems. The amount to be assessed must be established by a resolution adopted by the
governing board. Special assessments against any property in the district must be determined
and made in the same manner as is provided for improvements by special assessments to the
extent consistent herewith, and the certification and collection, including lien provisions,

applicable to other special assessments are applicable hereto. Provided, however, that the
provisions of sections 40-22-15, 40-22-17, and 40-22-18, relating to a resolution of necessity
and protests against special assessments, sections 40-22-10, 40-22-11, and 40-22-29, relating
to engineers' reports, plans, and estimates, and section 40-22-19, relating to contract proposals,
do not apply to special assessment districts created under this section.