§ 61-35-53 — Size and form of improvement districts - Regulations governing

North Dakota § 61-35-53

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-35: Water Districts

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Any improvement district created by a district may embrace two or more separate property
areas. Each improvement district must be of such size and form as to include all properties
which in the judgment of the board, after consultation with the engineer planning the
improvement, will be benefited by the construction of the improvement project which is
proposed to be made in or for the district, or by any portion of the project. A single district may
be created for an improvement of the type specified in section 61-35-48, notwithstanding any
lack of uniformity among the types, items, or quantities of work and materials to be used at
particular locations throughout the improvement district. The jurisdiction of a district to make,
finance, and assess the cost of any improvement project may not be impaired by any lack of
commonness, unity, or singleness of the location, purpose, or character of the improvement, or
by the fact that any one or more of the properties included in the improvement district is
subsequently determined not to be benefited by the improvement, or by a particular portion of
the improvement project, and is not assessed for that purpose. The board may omit from a
water or sewer district properties within the district limits which are benefited by the
improvement but do not abut upon a water or sewer main, without prejudice to the right and
power of the district subsequently to assess such properties to the extent and the manner
permitted by law. The board may by resolution enlarge an improvement district in which an
improvement is proposed or under construction upon receipt of a petition signed by the owners
of three-fourths of the area to be added to the district.