Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1280
(Representatives Brandenburg, Beltz, Grueneich, Headland, Pyle, Schreiber-Beck)
(Senators Conley, Erbele, Luick, Myrdal, Wanzek, Weber)
AN ACT to amend and reenact section 61-16.1-45 of the North Dakota Century Code, relating to
maintenance of drainage projects.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 61-16.1-45 of the North Dakota Century Code is amended and
reenacted as follows:
61-16.1-45. Maintenance of drainage projects.
1.If it is desired to provide for maintenance of an assessment drain in whole or in part by means
of special assessments, the levy in any year for the maintenance may not exceed four dollars
per acre [.40 hectare] on any agricultural lands benefited by the drain. The district, at its own
discretion, may utilize either of the following methods for levying special assessments for the
maintenance:
a.Agricultural lands that carried the highest assessment when the drain was originally
established, or received the most benefits under a reassessment of benefits, may be
assessed the maximum amount of four dollars per acre [.40 hectare]. The assessment of
other agricultural lands in the district must be based upon the proportion that the
assessment of benefits at the time of construction or at the time of any reassessment of
benefits bears to the assessment of the benefits of the agricultural land assessed the full
four dollars per acre [.40 hectare]. Nonagricultural property must be assessed the sum in
any one year as the ratio of the benefits under the original assessments or any
reassessment bears to the assessment of agricultural lands bearing the highest
assessment.
b.Agricultural lands must be assessed uniformly throughout the entire assessed area.
Nonagricultural property must be assessed an amount not to exceed two dollars for each
five hundred dollars of taxable valuation of the nonagricultural property.
2.In case the maximum levy or assessment on agricultural and nonagricultural property for any
year will not produce an amount sufficient to cover the cost of cleaning out and repairing the
drain, a water resource board may accumulate a fund in an amount not exceeding the sum
produced by the maximum permissible levy for six years.
3.If the cost of, or obligation for, the cleaning and repairing of any drain exceeds the total
amount that may be levied by the board in any six-year period, the board shall obtain the
approval of the majority of the landowners as determined by chapter 61-16.1 before obligating
the district for the costs.
4.If a board holds an election to approve a project under subsection 3, an affected landowner
receiving a benefit from a project may not vote on the question of obligating the district for the
costs if the landowner has failed to pay the required assessment. H. B. NO. 1280 - PAGE 2
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1280.
House Vote: Yeas 91 Nays 0 Absent 3
Senate Vote:Yeas 42 Nays 4 Absent 1
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State