1.Before constructing a project and before assessing the lands or premises for a project
located in or benefiting more than one county, the districts from two or more counties
shall create a joint board under section 61-16.1-11.
2.If the joint board or district finds the project is necessary, and the benefits of the project
will exceed the costs, the joint board or district shall proceed with the procedures in
sections 61-16.1-15 through 61-16.1-36 regarding:
a.The creation, construction, alteration, repair, operation, and maintenance of a
project and an assessment district;
b.The determination and levy of assessments against property benefited by the
project; and
c.The special warrants issued pursuant to this chapter.
3.If the assessment vote is successful, the joint board or distri
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1. Before constructing a project and before assessing the lands or premises for a project
located in or benefiting more than one county, the districts from two or more counties
shall create a joint board under section 61-16.1-11.
2. If the joint board or district finds the project is necessary, and the benefits of the project
will exceed the costs, the joint board or district shall proceed with the procedures in
sections 61-16.1-15 through 61-16.1-36 regarding:
a. The creation, construction, alteration, repair, operation, and maintenance of a
project and an assessment district;
b. The determination and levy of assessments against property benefited by the
project; and
c. The special warrants issued pursuant to this chapter.
3. If the assessment vote is successful, the joint board or district shall construct, own,
operate, and maintain the project. The joint board or district shall administer the
corresponding assessment district for the project in accordance with this chapter and
shall direct the county auditor of each county within the assessment district to levy
assessments. Each county auditor shall levy assessments as determined by the joint
board.
4. If a district conducts a reassessment of benefits under this chapter for an existing
project and concludes property in another county benefits from the project, the district
shall notify the other district of the requirement to form a joint board. If the district
refuses to form a joint board, the district shall proceed with the reassessment and
include the property in the project assessment district. Affected landowners subject to
assessments may appeal the reassessment determination in accordance with this
chapter. After the expiration of applicable appeal periods under this chapter, the district
shall direct the county auditor of each county within the assessment district to levy
assessments. Each county auditor shall levy assessments as determined by the joint
board.
5. If a county auditor refuses to levy assessments as directed by a joint board or a
district, the joint board or district may seek a writ of mandamus under chapter 32-34
from the district court of the county in which the benefited property is located. If the
joint board or district prevails, the district court shall award costs and reasonable
attorneys' fees to the joint board or district seeking the writ of mandamus.
6. If the members of the joint board cannot agree about the necessity of a project, the
process to undertake an approved project, or the procedure to assess benefits, the
joint board shall request assistance from the North Dakota mediation service to
resolve grievances arising from the conflict. After receiving the request, the North
Dakota mediation service shall assist the members of the joint board to mediate the
conflict. The North Dakota mediation service shall issue a proposed mediation
agreement within thirty days of completing the mediation. Each member of the joint
board shall participate in good faith in the mediation.
7. If the proposed mediation agreement is not agreed to by a majority of the members of
a joint board, a member of the joint board may file an appeal with the department of
water resources to issue a determination to resolve the conflict. The appealing party
must file the appeal within thirty days of the issuance of the proposed mediation
agreement under subsection 6. Within sixty days of receipt of the appeal, the
department of water resources shall review and investigate the complaint and issue its
determination. A hearing held by the department of water resources under this section
is a prerequisite to issuing a determination under this subsection.
8. If the determination issued by the department of water resources is not agreed to by a
majority of the members of a joint board, a member of the joint board may appeal the
decision of the department of water resources to the appropriate district court under
chapter 28-32. A hearing held by the department of water resources under this section
is a prerequisite to filing an appeal with the district court.