North Dakota § 40-25-06 Negligence must be proved as fact

North Dakota Statutes

§ 40-25-06 — Negligence must be proved as fact

North Dakota § 40-25-06

Title 40Municipal Government

Ch. 40-25Collection of Special Assessments - Obligations of Municipality

This text of North Dakota § 40-25-06 (Negligence must be proved as fact) 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 § 40-25-06 (2026).

Text

In order to obligate such municipality or other taxing district on any issue of special
assessment warrants, on the ground of negligence, the negligence of such municipality or other
taxing district must be established and proved as a matter of fact, and in determining such
question, the county auditor making the sale shall not be held to be the agent of the municipality
or other taxing district which spread the special assessment so as to charge such municipality
or taxing district with responsibility for any failure of such county auditor to perform the county
auditor's statutory duties in connection with such sale.

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In order to obligate such municipality or other taxing district on any issue of special
assessment warrants, on the ground of negligence, the negligence of such municipality or other
taxing district must be established and proved as a matter of fact, and in determining such
question, the county auditor making the sale shall not be held to be the agent of the municipality
or other taxing district which spread the special assessment so as to charge such municipality
or taxing district with responsibility for any failure of such county auditor to perform the county
auditor's statutory duties in connection with such sale.