North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1280 Compare Versions

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
3		-	HOUSE BILL NO. 1280
4		-	(Representatives Brandenburg, Beltz, Grueneich, Headland, Pyle, Schreiber-Beck)
5		-	(Senators Conley, Erbele, Luick, Myrdal, Wanzek, Weber)
6		-	AN ACT to amend and reenact section 61-16.1-45 of the North Dakota Century Code, relating to
7		-	maintenance of drainage projects.
	1	+	25.0847.02000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Representatives Brandenburg, Beltz, Grueneich, Headland, Pyle, Schreiber-Beck
	7	+	Senators Conley, Erbele, Luick, Myrdal, Wanzek, Weber
	8	+	A BILL for an Act to amend and reenact section 61-16.1-45 of the North Dakota Century Code,
	9	+	relating to maintenance of drainage projects.
8	10		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 61-16.1-45 of the North Dakota Century Code is ~~amended and~~
10		-	reenacted as follows:
	11	+	SECTION 1. AMENDMENT. Section 61-16.1-45 of the North Dakota Century Code is
	12	+	amended and reenacted as follows:
11	13		61-16.1-45. Maintenance of drainage projects.
12		-	1.If it is desired to provide for maintenance of an assessment drain in whole or in part by means
13		-	of special assessments, the levy in any year for the maintenance may not exceed four dollars
14		-	per acre [.40 hectare] on any agricultural lands benefited by the drain. The district, at its own
15		-	discretion, may utilize either of the following methods for levying special assessments for the
16		-	maintenance:
17		-	a.Agricultural lands that carried the highest assessment when the drain was originally
18		-	established, or received the most benefits under a reassessment of benefits, may be
19		-	assessed the maximum amount of four dollars per acre [.40 hectare]. The assessment of
20		-	other agricultural lands in the district must be based upon the proportion that the
21		-	assessment of benefits at the time of construction or at the time of any reassessment of
22		-	benefits bears to the assessment of the benefits of the agricultural land assessed the full
23		-	four dollars per acre [.40 hectare]. Nonagricultural property must be assessed the sum in
24		-	any one year as the ratio of the benefits under the original assessments or any
	14	+	1.If it is desired to provide for maintenance of an assessment drain in whole or in part by
	15	+	means of special assessments, the levy in any year for the maintenance may not
	16	+	exceed four dollars per acre [.40 hectare] on any agricultural lands benefited by the
	17	+	drain. The district, at its own discretion, may utilize either of the following methods for
	18	+	levying special assessments for the maintenance:
	19	+	a.Agricultural lands that carried the highest assessment when the drain was
	20	+	originally established, or received the most benefits under a reassessment of
	21	+	benefits, may be assessed the maximum amount of four dollars per acre
	22	+	[.40 hectare]. The assessment of other agricultural lands in the district must be
	23	+	based upon the proportion that the assessment of benefits at the time of
	24	+	construction or at the time of any reassessment of benefits bears to the
	25	+	assessment of the benefits of the agricultural land assessed the full four dollars
	26	+	per acre [.40 hectare]. Nonagricultural property must be assessed the sum in any
	27	+	one year as the ratio of the benefits under the original assessments or any
25	28		reassessment bears to the assessment of agricultural lands bearing the highest
26	29		assessment.
27		-	b.Agricultural lands must be assessed uniformly throughout the entire assessed area.
28		-	Nonagricultural property must be assessed an amount not to exceed two dollars for each
29		-	five hundred dollars of taxable valuation of the nonagricultural property.
30		-	2.In case the maximum levy or assessment on agricultural and nonagricultural property for any
31		-	year will not produce an amount sufficient to cover the cost of cleaning out and repairing the
32		-	drain, a water resource board may accumulate a fund in an amount not exceeding the sum
33		-	produced by the maximum permissible levy for six years.
	30	+	b.Agricultural lands must be assessed uniformly throughout the entire assessed
	31	+	area. Nonagricultural property must be assessed an amount not to exceed two
	32	+	Page No. 1 25.0847.02000
	33	+	HOUSE BILL NO. 1280
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	58	+	24 Sixty-ninth
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	60	+	dollars for each five hundred dollars of taxable valuation of the nonagricultural
	61	+	property.
	62	+	2.In case the maximum levy or assessment on agricultural and nonagricultural property
	63	+	for any year will not produce an amount sufficient to cover the cost of cleaning out and
	64	+	repairing the drain, a water resource board may accumulate a fund in an amount not
	65	+	exceeding the sum produced by the maximum permissible levy for six years.
34	66		3.If the cost of, or obligation for, the cleaning and repairing of any drain exceeds the total
35		-	amount that may be levied by the board in any six-year period, the board shall obtain the
36		-	approval of the majority of the landowners as determined by chapter 61-16.1 before obligating
37		-	the district for the costs.
38		-	4.If a board holds an election to approve a project under subsection 3, an affected landowner
39		-	receiving a benefit from a project may not vote on the question of obligating the district for the
40		-	costs if the landowner has failed to pay the required assessment. H. B. NO. 1280 - PAGE 2
41		-	____________________________ ____________________________
42		-	Speaker of the House President of the Senate
43		-	____________________________ ____________________________
44		-	Chief Clerk of the House Secretary of the Senate
45		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
46		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1280.
47		-	House Vote: Yeas 91 Nays 0 Absent 3
48		-	Senate Vote:Yeas 42 Nays 4 Absent 1
49		-	____________________________
50		-	Chief Clerk of the House
51		-	Received by the Governor at ________M. on _____________________________________, 2025.
52		-	Approved at ________M. on __________________________________________________, 2025.
53		-	____________________________
54		-	Governor
55		-	Filed in this office this ___________day of _______________________________________, 2025,
56		-	at ________ o’clock ________M.
57		-	____________________________
58		-	Secretary of State
	67	+	amount that may be levied by the board in any six-year period, the board shall obtain
	68	+	the approval of the majority of the landowners as determined by chapter 61-16.1
	69	+	before obligating the district for the costs.
	70	+	4.If a board holds an election to approve a project under subsection 3, an affected
	71	+	landowner receiving a benefit from a project may not vote on the question of obligating
	72	+	the district for the costs if the landowner has failed to pay the required assessment.
	73	+	Page No. 2 25.0847.02000
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