At the hearing on an assessment project, the affected landowners, and any county, township, or city to be assessed, must be informed when and where votes concerning the proposed project may be filed. Affected landowners, and the governing body of any county, township, or city to be assessed, have thirty days after the date of the hearing to file their votes for or against the project with the secretary of the water resource board. If a vote is mailed to the secretary, the vote is timely if the vote is received within the voting period. During the voting period, ballots may not be opened and votes may not be counted. Once the deadline for filing votes has been reached, votes may not be filed or withdrawn. Any withdrawal of a vote concerning the proposed project before that time must be in writing. When the deadline for filing votes has passed, the board immediately shall determine whether the project is approved. If the board finds fifty percent or more of the total votes filed are against the proposed project, the vote constitutes a bar against proceeding further with the project. If the board finds the number of votes filed against the proposed project is less than fifty percent of the votes filed, the board shall issue an order establishing the proposed project and, after complying with the requirements of sections 61-16.1-21 and 61-16.1-22, may contract or provide for the    construction or maintenance of the project in substantially the manner and according to the forms and procedure provided in title 40 for the construction of sewers within municipalities. The board may enter into an agreement with any federal or state agency under the terms of which the contract for the project is to be let by the federal agency, the state agency, or both. If there is an agreement for a party other than the board to let the contract, the board may dispense with all the requirements of title 40. Upon making an order establishing a project or determining the vote bars establishing a project, the board shall publish notice of the order or determination in a newspaper of general circulation in the area in which the affected lands are located. The notice must advise affected landowners of their right to appeal. Any right of appeal begins to run on the date of publication of the notice.

Terms Used In North Dakota Code 61-16.1-19

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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