North Dakota Code 11-28.2-08 – Annexation by resolution of district
The board of commissioners of a recreation service district may adopt a resolution to annex territory as follows:
Terms Used In North Dakota Code 11-28.2-08
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
- 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
1. The board shall adopt a resolution describing the property to be annexed.
2. The board shall publish the resolution and a notice of the time and place the board will meet to hear and determine the sufficiency of any written protests against the proposed annexation in the official newspaper of the county once each week for two consecutive weeks. The board shall mail a notice to the owner of each parcel of real property within the area to be annexed at the person‘s last-known mailing address. The notice must inform landowners of the resolution, the time and place of hearing, and the requirement that protests must be filed in writing. The owners of any real property within the territory proposed to be annexed, within thirty days of the first publication of the resolution, may file written protests with the board protesting against the proposed annexation. No state-owned property may be annexed without the written consent of the state agency or department having control of the property. The board, at its next meeting after the expiration of the time for filing the protests, shall hear and determine the sufficiency of the protests.
3. In the absence of protests filed by the owners of more than one-fourth of the territory proposed to be annexed as of the date of the adoption of the resolution, the territory described in the resolution becomes a part of the district. When a copy of the resolution and an accurate map of the annexed area, certified by the chairman of the board, are filed and recorded with the county recorder, the annexation becomes effective. Annexation is effective for the purpose of special assessments levied by the recreation service district on and after the first day of the next February. If the owners of one-fourth or more of the territory proposed to be annexed protest, the board shall stop its pursuit of the annexation.