§ 40-51.2-07 — Annexation by resolution of city

North Dakota § 40-51.2-07

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

Text

1. The governing body of any city may adopt a resolution to annex contiguous or
adjacent territory as follows:
a. The governing body of the city shall adopt a resolution describing the property to
be annexed. Within seven days of the adoption of a resolution under this
subdivision, the governing body shall mail, by certified mail, a copy of the
resolution to the owner of each parcel of real property within the area to be
annexed at the person's last-known mailing address.
b. The governing body of the city shall publish the resolution and a notice of the time
and place the governing body will meet to hear and determine the sufficiency of
any written protests against the proposed annexation in the official newspaper
once each week for two consecutive weeks. At least fifteen days before the
meeting, the governing body of the city shall mail, by certified mail, a notice to the
owner of each parcel of real property within the area to be annexed at the
person's last-known mailing address. The notice must inform landowners of the
resolution, the time and place of hearing, and the requirement that protests must
be filed in writing. The owners of any real property within the territory proposed to
be annexed may file written protests with the city auditor protesting against the

proposed annexation within thirty days of the first publication of the resolution.
The governing body of the city also shall mail at least seven days before the
meeting, by certified mail, the notice of the time and place of the hearing to the
governing body of each city, county, or township directly affected by the land area
proposed to be annexed. No state-owned property may be annexed without the
written consent of the state agency or department having control of the property.
The governing body of the city, at its next meeting after the expiration of the time
for filing the protests, shall hear and determine the sufficiency of the protests.
c. In the absence of protests filed by the owners of more than one-fourth of the
territory proposed to be annexed as of the date of the adoption of the resolution,
the territory described in the resolution becomes a part of the city. When a copy
of the resolution and an accurate map of the annexed area, certified by the
executive officer of the city, are filed and recorded with the county recorder, the
annexation becomes effective. Annexation is effective for the purpose of general
taxation on and after the first day of the next January. However, the city shall
continue to classify as agricultural lands for tax purposes all lands in the annexed
area which were classified as agricultural lands immediately before the
annexation proceedings until those lands are put to another use.
2. If the owners of one-fourth or more of the territory proposed to be annexed protest, or
if a city that has extraterritorial zoning or subdivision regulation authority over the area
petitioned to be annexed protests, the 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.