North Dakota § 40-51.2-04 Exclusion by petition of owners and electors

North Dakota Statutes

§ 40-51.2-04 — Exclusion by petition of owners and electors

North Dakota § 40-51.2-04

Title 40Municipal Government

Ch. 40-51.2Annexation and Exclusion of Territory

This text of North Dakota § 40-51.2-04 (Exclusion by petition of owners and electors) 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 § 40-51.2-04 (2026).

Text

Upon a petition signed by not less than three-fourths of the qualified electors and by the
owners of not less than three-fourths in assessed value of the property in any territory within the
limits of an incorporated municipality and contiguous or adjacent to such limits, the governing
body of the municipality, by ordinance, may in its discretion, disconnect and exclude such
territory from the municipality. This section, however, applies only to lands that have not been
platted under either sections 40-50.1-01 through 40-50.1-17 or section 57-02-39, and where no
municipal improvements have been made or constructed therein or adjacent thereto. Further, in
the event any property for which exclusion is petitioned has been within the limits of an
incorporated municipality for more than ten yea

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Upon a petition signed by not less than three-fourths of the qualified electors and by the
owners of not less than three-fourths in assessed value of the property in any territory within the
limits of an incorporated municipality and contiguous or adjacent to such limits, the governing
body of the municipality, by ordinance, may in its discretion, disconnect and exclude such
territory from the municipality. This section, however, applies only to lands that have not been
platted under either sections 40-50.1-01 through 40-50.1-17 or section 57-02-39, and where no
municipal improvements have been made or constructed therein or adjacent thereto. Further, in
the event any property for which exclusion is petitioned has been within the limits of an
incorporated municipality for more than ten years prior thereto and, as of the time of filing the

petition, is not platted and has no municipal improvements thereon, the governing body of the
municipality may disconnect and exclude such territory by ordinance from the municipality.