North Dakota § 40-22.1-08 Protest bar to proceeding - Invalid or insufficient protest - Payment of costs - Tax levy

North Dakota Statutes

§ 40-22.1-08 — Protest bar to proceeding - Invalid or insufficient protest - Payment of costs - Tax levy

North Dakota § 40-22.1-08

Title 40Municipal Government

Ch. 40-22.1Special Assessments for Promotion of Business Activity

This text of North Dakota § 40-22.1-08 (Protest bar to proceeding - Invalid or insufficient protest - Payment of costs - Tax levy) 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 § 40-22.1-08 (2026).

Text

costs - Tax levy.
If the governing body finds the protest to contain the names of the owners of one-third or
more of the area of the property included within the business improvement district, the protest
bars proceeding further with the improvement project described in the plans and specifications.
If the governing body finds the protest to contain the names of the owners of one-third or more
of any separate property area included within the district, the protest bars proceeding with the
applicable portion of the improvement project, but does not bar proceeding with the remainder
of the improvement project or assessing the cost of the improvement project against other areas
within the district, unless the protest represents one-third or more of the area of the entire
district. Termination

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costs - Tax levy.
If the governing body finds the protest to contain the names of the owners of one-third or
more of the area of the property included within the business improvement district, the protest
bars proceeding further with the improvement project described in the plans and specifications.
If the governing body finds the protest to contain the names of the owners of one-third or more
of any separate property area included within the district, the protest bars proceeding with the
applicable portion of the improvement project, but does not bar proceeding with the remainder
of the improvement project or assessing the cost of the improvement project against other areas
within the district, unless the protest represents one-third or more of the area of the entire
district. Termination of proceedings does not relieve the municipality of responsibility for
payment of costs incurred. The municipality is not responsible for payment of costs incurred if
the improvement project is proposed by any person, group, or entity that is not an officer, board,
or agency of the municipality. Payment of the costs incurred for such a barred improvement
project must be as provided in section 40-22.1-02. For payment of costs incurred for a barred
improvement project proposed by a municipality, the municipality may, if available funds are
insufficient, issue its certificates of indebtedness or warrants, or levy a tax which shall be
considered a tax for a portion of the costs of a special improvement project by general taxation
within the meaning of section 57-15-10. If the protests are found to be insufficient or invalid, the
governing body may cause the improvement to be made, levy and collect necessary
assessments, and contract for the improvement and acquisition of necessary property or
services.