North Dakota § 40-23-22.1 City flood control special assessment exemption for state property - Limitations

North Dakota Statutes

§ 40-23-22.1 — City flood control special assessment exemption for state property - Limitations

North Dakota § 40-23-22.1

Title 40Municipal Government

Ch. 40-23Assessment of Benefits

This text of North Dakota § 40-23-22.1 (City flood control special assessment exemption for state property - Limitations) 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 § 40-23-22.1 (2026).

Text

Limitations.

1.Notwithstanding any other provision of law, property of the state in a city subject to this section is exempt from special assessments levied for flood control purposes. Upon request by the governing body of the city, the exemption under this section may be completely or partially waived by the legislative assembly or the budget section if the legislative assembly is not in session. Any request considered by the budget section must comply with section 54-35-02.9. A city is subject to the exemption under this section in recognition of state financial assistance for flood control provided to the city pursuant to section 61-02.1-01 or other appropriation or commitment of state funds.

2.The exemption under this section does not apply to any privately owned structure, fixture,

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Limitations.
1. Notwithstanding any other provision of law, property of the state in a city subject to this
section is exempt from special assessments levied for flood control purposes. Upon
request by the governing body of the city, the exemption under this section may be
completely or partially waived by the legislative assembly or the budget section if the
legislative assembly is not in session. Any request considered by the budget section
must comply with section 54-35-02.9. A city is subject to the exemption under this
section in recognition of state financial assistance for flood control provided to the city
pursuant to section 61-02.1-01 or other appropriation or commitment of state funds.
2. The exemption under this section does not apply to any privately owned structure,
fixture, or improvement located on state-owned land if the structure, fixture, or
improvement is used for commercial purposes unless the structure, fixture, or
improvement is primarily used for athletic or educational purposes at a state institution
of higher education. An assessment allowed under this subsection must be based on
the square footage or front footage of the land occupied by the structure, fixture, or
improvement and made against the structure, fixture, or improvement and not against
the land on which it is located.