§ 61-16.1-18 — Hearing on assessment project - Notice

North Dakota § 61-16.1-18

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-16.1: Operation of Water Resource Districts

Text

1. Upon the filing of the engineer's report provided for in section 61-16.1-17, and after
satisfying the requirements of section 61-16.1-21, the water resource board shall fix a
date and place for a public hearing on the proposed project. The place of hearing must
be in the vicinity of the proposed project and must be convenient and accessible for
the majority of the landowners subject to assessment for the project or whose property
is subject to condemnation for the proposed project.
2. The board shall cause a complete list of the benefits and assessments to be made,
setting forth each county, township, or city assessed in its corporate capacity as well
as each lot, piece, or parcel of land assessed; the amount each would be benefited by
the proposed project; and the amount assessed against each. At least ten days before
the hearing, the board shall file with the county auditor of each county in which the
project is or will be located the list showing the percentage assessment against each
parcel of land benefited by the proposed project and the approximate assessment in
terms of money apportioned to each parcel.
3. The water resource board shall provide notice of the hearing which must:
a. Include a copy of the petition, if any, and the resolution of the board;
b. Specify the time and place of the hearing;
c. Identify the beginning, terminus, and general course of the project as finally
determined by the engineer and the board;
d. Specify when and where votes concerning the proposed project may be filed;
e. Include the assessment list showing the percentage assessment against each
parcel of land benefited by the proposed project and the approximate assessment
in terms of money apportioned to each parcel;
f. Be mailed with a ballot to vote on the proposed project to each affected
landowner at the landowner's address as shown by the tax rolls of the county in
which the affected property is located. The board may send the notice and ballot
by regular mail attested by an affidavit of mailing signed by the attorney or
secretary of the board; and
g. Be published once a week for two consecutive weeks in the newspaper of
general circulation in the area in which the affected lands are located.
4. The date set for the hearing must be at least twenty days after the day the notice is
mailed. A record of the hearing must be made by the board, include a list of affected
landowners present in person or by agent, and be preserved in the minutes of the

meeting. Each affected landowner and the governing body of any county, township, or
city to be assessed must be informed at the hearing of the probable total cost of the
project, the share of the cost the landowner or governing body will be assessed, and
the portion of landowner or governing body's property, if any, to be condemned for the
project.