North Dakota Statutes
§ 40-22-43 — Defects and irregularities in improvement proceedings are not fatal
North Dakota § 40-22-43
JurisdictionNorth Dakota
Title 40Municipal Government
Ch. 40-22Improvements by Special Assessment Method
This text of North Dakota § 40-22-43 (Defects and irregularities in improvement proceedings are not fatal) 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 § 40-22-43 (2026).
Text
Defects and irregularities in any proceedings had or to be had under this chapter relating to
municipal improvements by the special assessment method, when the proceedings are for a
lawful purpose and are unaffected by fraud and do not violate any constitutional limitation or
restriction, shall not invalidate such proceedings, and no action shall be commenced or
maintained and no defense or counterclaim in any action shall be recognized in the courts of
this state founded on any such defects or irregularities in such proceedings, unless commenced
within thirty days of the adoption of the resolution of the governing board awarding the sale of
warrants to finance the improvement.
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Related
Serenko v. City of Wilton
1999 ND 88 (North Dakota Supreme Court, 1999)
Hector v. City of Fargo
2014 ND 53 (North Dakota Supreme Court, 2014)
Paving District 476 Group, SPCM, LLC v. City of Minot
2017 ND 176 (North Dakota Supreme Court, 2017)
Kouba v. FEBCO, Inc.
1999 ND 84 (North Dakota Supreme Court, 1999)
Nearby Sections
15
§ 40-01-01
Definitions§ 40-01-02
Municipalities are bodies corporate§ 40-01-04
Vested rights§ 40-01-09
Official newspaper of municipality§ 40-01-13
Payment of accounts by municipalityCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 40-22-43, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/40-22-43.