North Dakota § 61-16.1-52.1 Closing of noncomplying drain - Notice and hearing - Appeal - Injunction

North Dakota Statutes

§ 61-16.1-52.1 — Closing of noncomplying drain - Notice and hearing - Appeal - Injunction

North Dakota § 61-16.1-52.1

Title 61Waters

Ch. 61-16.1Operation of Water Resource Districts

This text of North Dakota § 61-16.1-52.1 (Closing of noncomplying drain - Notice and hearing - Appeal - Injunction) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 61-16.1-52.1 (2026).

Text

Injunction.
If the board determines a drain, lateral drain, or ditch has been opened or established by a
landowner or tenant contrary to this chapter or any rules adopted by the board, the board shall
notify the landowner by registered mail at the landowner's address of record. A copy of the
notice also must be sent to the tenant, if any. The notice must specify the nature and extent of
the noncompliance and must state if the drain, lateral drain, or ditch is not closed or filled within
the period the board determines, but not less than fifteen days, the board shall procure the
closing or filling of the drain, lateral drain, or ditch and assess the cost, or the portion the board
determines, against the property of the landowner responsible. The notice also must state the
affected landowner

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Injunction.
If the board determines a drain, lateral drain, or ditch has been opened or established by a
landowner or tenant contrary to this chapter or any rules adopted by the board, the board shall
notify the landowner by registered mail at the landowner's address of record. A copy of the
notice also must be sent to the tenant, if any. The notice must specify the nature and extent of
the noncompliance and must state if the drain, lateral drain, or ditch is not closed or filled within
the period the board determines, but not less than fifteen days, the board shall procure the
closing or filling of the drain, lateral drain, or ditch and assess the cost, or the portion the board
determines, against the property of the landowner responsible. The notice also must state the
affected landowner, within fifteen days of the date the notice is mailed, may demand in writing a
hearing on the matter. Upon receipt of the demand, the board shall set a hearing date within
fifteen days from the date the demand is received. In the event of an emergency, the board may
apply immediately to the appropriate district court for an injunction prohibiting the landowner or
tenant from maintaining the drain, lateral drain, or ditch. Assessments levied under this section

must be collected in the same manner as other assessments authorized by this chapter. If, in
the opinion of the board, more than one landowner or tenant has been responsible, the costs
may be assessed on a pro rata basis in accordance with the proportionate responsibility of the
landowners. A landowner aggrieved by action of the board under this section may appeal the
decision of the board to the district court of the county in which the land is located in accordance
with the procedure provided for in section 28-34-01. A hearing as provided for in this section is
not a prerequisite to an appeal.