This text of North Dakota § 61-24.5-16 (Procedure for exclusion from authority of county not benefited) 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.
1.Any county in the authority not benefited or not to be benefited, in whole or in part, by
the southwest pipeline project, or any part thereof, may be excluded from the authority
as provided herein. The board of county commissioners of any such county may by
resolution direct the county auditor and the chairman of the board to file with the board
of directors of the authority a petition, for and on behalf of the county, requesting the
board of directors of the authority to exclude such county therefrom. A certified copy of
the resolution of the county board must accompany and be filed with such petition. The
petition and resolution must state specific reasons why such county will not be
benefited by the southwest pipeline project, or any part thereof.
2.Within sixty days from the date o
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1. Any county in the authority not benefited or not to be benefited, in whole or in part, by
the southwest pipeline project, or any part thereof, may be excluded from the authority
as provided herein. The board of county commissioners of any such county may by
resolution direct the county auditor and the chairman of the board to file with the board
of directors of the authority a petition, for and on behalf of the county, requesting the
board of directors of the authority to exclude such county therefrom. A certified copy of
the resolution of the county board must accompany and be filed with such petition. The
petition and resolution must state specific reasons why such county will not be
benefited by the southwest pipeline project, or any part thereof.
2. Within sixty days from the date of filing said resolution and petition for exclusion from
the authority, the authority board shall meet to consider such petition. It may grant
such petition or it may fix a time and place for a hearing thereon. If a hearing is set, the
secretary of the board shall cause notice of the filing of such petition for exclusion, and
of the time and place for a hearing, to be published once each week for two
consecutive weeks in a newspaper of general circulation printed within the authority.
The hearing mentioned in such notice must be held not less than ten nor more than
twenty days after the last publication of such notice. The notice must state that any
person, corporation, limited liability company, municipality, and county in the authority
may appear or be represented at the hearing and show cause why the petition should
or should not be granted. The board shall hear the petition at the time and place
mentioned in the notice.
3. If after the hearing on the petition the authority board of directors shall determine that
the county requesting to be excluded from the authority will not be benefited, the
authority board shall by resolution grant the petition and shall direct the chairman and
secretary to execute the order of the board excluding such county from the authority.
If, however, the authority board shall decide that such county will be benefited, it shall
deny the petition and direct the chairman and secretary to execute its order refusing to
exclude such county from the authority. A county excluded from the authority is not
liable for any obligations thereof incurred after exclusion but is liable for and shall pay
to the authority taxes levied before exclusion.
4. If any contract has been made with the United States or any agency thereof, or the
state of North Dakota or any agency thereof, before such petition is filed, such petition
may not be granted unless consented thereto by the appropriate agency of the United
States or North Dakota, and if such agency gives its consent upon condition, such
conditions must be included in the order of exclusion and the county may be required
to, and in that event such county shall continue to, pay and satisfy any obligations
under any such contract.