§ 40-51.2-05 — Notice - Petition of owners and electors - Mediation

North Dakota § 40-51.2-05

• Jurisdiction: North Dakota
• Title 40: Municipal Government
• Ch. 40-51.2: Annexation and Exclusion of Territory

Text

1. The governing body may not take final action on a petition presented by owners and
qualified electors until the petitioners have given notice of presentation of the petition
by one publication in the official newspaper of the city as provided by section 40-01-09
and the governing body has mailed at least fifteen days before the presentation, by
certified mail, a notice of the time and place of consideration of the petition to the
owner of each parcel of real property within the area described in the petition at the
person's last-known mailing address. The notice is not required to be sent to any
owner of real property who signed a petition pursuant to section 40-51.2-03 or
40-51.2-04. At the same time, the governing body of the city also shall mail, by
certified mail, the notice of the time and place of consideration of the petition to the
governing body of each city, county, or township directly affected by the land area
petitioned to be annexed.
2. If the land area petitioned to be annexed to the city lies within the extraterritorial zoning
or subdivision regulation authority of another city and written consent to annex the land
area is not received from the governing body of the other city, the annexing city may
either stop its pursuit of the annexation or submit the matter to a committee for
mediation as provided in section 40-51.2-07.1. If mediation does not resolve the
matter, the office of administrative hearings may be petitioned to hear the matter in
accordance with sections 40-51.2-08, 40-51.2-09, 40-51.2-11, 40-51.2-12, 40-51.2-13,
40-51.2-14, 40-51.2-15, 40-51.2-16, and 40-51.2-17.