If the holders of outstanding bonds or improvement warrants, or of contracts obligating the district, consent in writing to exclusion of lands mentioned in the petition, the board of directors may by resolution direct the chairman and the secretary of the board to execute the board’s order excluding the lands from the district. The assent in writing of holders of district bonds or improvement warrants, or of anyone interested in a contract obligating the district, must be filed with the secretary of the district and copied in the minutes of the board, and the minutes or a certified copy of the minutes are admissible in evidence with the same effect as the written assent. If assent is not given, the board shall deny and dismiss the petition. When lands are excluded from the district, a certified copy of the order of the board must be filed in the department of water resources and the county auditor of each county in which the excluded lands are situated and filed and recorded in the office of the recorder of each of those counties.

Terms Used In North Dakota Code 61-10-35

  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
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