N.D. Cent. Code § 11-28.2-08
This is the official text of N.D. Cent. Code § 11-28.2-08, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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11-28.2-08. Annexation by resolution of district
Official statutory text
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:
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.
The board of commissioners of a recreation service district may adopt a resolution to annex
territory as follows:
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.
Status: in_force · Read it on the official government site
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