North Dakota Statutes
§ 40-26-01 — Courts to review levy and apportionment of special assessments - De novo review for agricultural property assessments
North Dakota·Title 40 Municipal Government·Ch. 40-26 Correction, Reassessments, and Fund Deficiencies
review for agricultural property assessments.
The courts shall review the levy and apportionment of the special assessments in all actions
and proceedings involving the validity or apportionment of any special assessment for local or
special improvements. If an action challenges the determination of benefits and special
assessments imposed for agricultural property, the decision of the special assessment
commission regarding agricultural property is not entitled to deference by the court and the court
shall consider the determination of benefits and special assessments imposed for agricultural
property de novo. An appeal taken under this section must be in accordance with the procedure
provided in section 28-34-01.
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Related
Hector v. City of Fargo
2014 ND 53 (North Dakota Supreme Court, 2014)
Bateman v. City of Grand Forks
2008 ND 72 (North Dakota Supreme Court, 2008)
Soo Line Railroad v. City of Harvey
424 F. Supp. 329 (D. North Dakota, 1976)
Wieland v. City of Fargo
2018 ND 26 (North Dakota Supreme Court, 2018)
Foss Methodist Church v. City of Wahpeton
157 N.W.2d 347 (North Dakota Supreme Court, 1968)
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 municipality