§ 61-24.8-13 — Hearing - Notice - Contents

North Dakota § 61-24.8-13

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-24.8: Garrison Diversion Conservancy District Irrigation Special Assessments

Text

1. Upon the filing of the engineer's report provided for in section 61-24.8-09, and after
satisfying the requirements of section 61-24.8-10, the board shall fix a date and place
for public hearing on the proposed project, except when the conditions under
subsection 2 are met. 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. The board may appoint a hearing officer or a committee of the
board to conduct the hearing. The board shall cause a complete list of the benefits and
assessments to be made, setting forth each lot, piece, or parcel of land assessed, the
amount each is benefited by the improvement, and the amount assessed against
each. At least fourteen 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 and approximate assessment in dollars against each parcel of
land benefited by the proposed project. Notices of the hearing must contain the time
and place where the board will conduct the hearing. The notice of hearing must specify
when and where votes concerning the proposed project may be filed and contain an
assessment list showing the percentage assessment and approximate assessment in
dollars against each parcel of land benefited by the proposed project. The board shall
cause the notice of hearing to be published once a week for two consecutive weeks in
newspapers of general circulation in the area in which the affected landowners reside
and in the official county newspaper of each county in which the benefited lands are
located. The date set for the hearing may not be fewer than fourteen days after the
first publication of the notice. A record of the hearing must be made by the board,
including a list of affected landowners present in person or by agent, and the record
must be preserved in the minutes of the meeting. Affected landowners to be assessed
must be informed at the hearing of the probable total cost of the project and their

individual share of the cost and the portion of their property, if any, to be condemned
for the project.
2. A public hearing is not required if the board:
a. Provides written notice to each affected landowner setting forth the probable total
cost of the project, the landowner's share of the project cost, the portion of the
landowner's property, if any, to be condemned for the project, and when and
where votes concerning the proposed project may be filed. If the written notice is
given to each affected landowner, the assessment list for the proposed project
need not be filed with the county auditor of each county in which the project is
located; and
b. Publishes notice of the project in newspapers of general circulation in the area in
which the affected landowners reside and in the official county newspaper of each
county in which the benefited lands are located at least twenty-one days before
the deadline for filing votes on the project.