§ 55-02-07.2 — Protection of public health and safety on sites having a public function

North Dakota § 55-02-07.2

• Jurisdiction: North Dakota
• Title 55: State Historical Society and State Parks
• Ch. 55-02: State Historical Board Director

Text

Notwithstanding any other provision of law, if the state or a political subdivision has a
property interest in real property and that property has an existing public function in addition to
any historical site registration or historical significance determination, the governing body of the
agency or political subdivision owning the property interest may, subject to the following
provisions, improve, alter, modify, or destroy that property if the agency or governing body
determines that action is necessary to protect public health or safety, to provide access for
disabled persons, or to ensure structural integrity. If an action is to be taken by an agency or
governing body under this section, notice of intent to take the action must be given to the
director at the onset of the planning process. At the director's request, the agency or governing
body shall inform the director of each meeting at which planning or decisions on a project are on
the agenda. At each meeting, the agency or governing body shall provide the director with an
opportunity to comment or provide preservation funding for the proposed project and the agency
or governing body shall consider the director's comments or offers of funding in the
development and implementation of the project. If the agency or governing body and the
director do not agree on the action to be taken, the differences must be submitted to a mediator
selected by the governor to facilitate a consensus between the parties. The cost of the mediator
must be shared equally by the parties. The mediator shall issue a report within sixty days of
appointment by the governor. The report of the mediator must be sent to the director and must
be published once in the official newspaper of the political subdivision. Although the agency or
governing body may take the action it deems necessary, the agency or governing body shall
make all reasonable effort to preserve the historical characteristics of a site taking into
consideration economic and technical feasibility. The agency or governing body must notify the
director of its decision and must publish it once in the official newspaper of the political
subdivision. After mediation, if any, if the governing body of a political subdivision determines to
proceed with actions that will result in completely demolishing, removing, or significantly
degrading the historical characteristics of a building or real property, a resident of the political
subdivision where the building or real property is located may submit a written notice to the
county auditor of intention to petition for a public vote. The notice must be filed with the county
auditor within fourteen days of the publication of the decision of the governing body. A petition
for a public vote must contain the names of at least ten percent of the qualified electors from
that governing body's jurisdiction who voted in the last general election and must be filed with
the county auditor within one hundred twenty days of the governing body's publication of notice

of its final action. If a petition is filed, the matter must be submitted for a vote of the qualified
electors at the next special, primary, or general election held in that jurisdiction. All actions to
remove, demolish, or significantly degrade the historical characteristics of a building or real
property are stayed for fourteen days after the governing body's publication of notice of its final
action, and if notice of intention to seek a public vote is filed, actions are stayed until either the
petition fails or the public vote is held. If the political subdivision is a home rule jurisdiction with
its own referendum procedures, however, the home rule referendum procedures apply to the
action of the governing body.