§ 40-51.2-14 — Powers of the administrative law judge - Decision - Terms

North Dakota § 40-51.2-14

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

Text

The administrative law judge shall enter an order setting forth what the administrative law
judge deems to be fair and reasonable terms and conditions and shall direct the annexation in
conformity with those terms and conditions. The administrative law judge may:
1. Approve or disapprove, with or without amendment, wholly, partially, or conditionally
the petition for annexation.
2. Determine the metes and bounds of the territory to be annexed and may include the
same area or a smaller area than that described in the petition.
3. Require payment by the city of a sum determined by the administrative law judge
payable to compensate for the value of public improvements acquired by the
annexation proceedings and to require the assumption by the city of a pro rata share
of any existing bonded indebtedness of any township from which territory is annexed.
4. Require payment by the city of a sum determined by the administrative law judge
payable to compensate a water district for losses resulting from the annexation in
accordance with section 61-35-26.
40-51.2-15. Review of determination of administrative law judge by certiorari.
Within thirty days after receipt of the administrative law judge's order, any interested party
dissatisfied with the decision may apply to the district court for a writ of certiorari. The review
upon the writ may extend only to the determination of whether the administrative law judge has
acted regularly and has not exceeded the administrative law judge's jurisdiction or abused the
administrative law judge's discretion under this chapter.