North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1396 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.0849.02000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representatives Brandenburg, Grueneich, Headland, Mitskog, Monson, Schreiber-Beck
7	7	Senators Erbele, Myrdal, Wanzek, Weber
8	8	A BILL for an Act to amend and reenact section 61-16.1-45 of the North Dakota Century Code,
9	9	relating to maintenance of drainage projects.
10	10	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11	11	SECTION 1. AMENDMENT. Section 61-16.1-45 of the North Dakota Century Code is
12	12	amended and reenacted as follows:
13	13	61-16.1-45. Maintenance of drainage projects.
14	14	1.If it is desired to provide for maintenance of an assessment drain in whole or in part by
15	15	means of special assessments, the levy in any year for the maintenance may not
16	16	exceed four dollars per acre [.40 hectare] on any agricultural lands benefited by the
17	17	drain. The district, at its own discretion, may utilize either of the following methods for
18	18	levying special assessments for the maintenance:
19	19	a.Agricultural lands that carried the highest assessment when the drain was
20	20	originally established, or received the most benefits under a reassessment of
21	21	benefits, may be assessed the maximum amount of four dollars per acre
22	22	[.40 hectare]. The assessment of other agricultural lands in the district must be
23	23	based upon the proportion that the assessment of benefits at the time of
24	24	construction or at the time of any reassessment of benefits bears to the
25	25	assessment of the benefits of the agricultural land assessed the full four dollars
26	26	per acre [.40 hectare]. Nonagricultural property must be assessed the sum in any
27	27	one year as the ratio of the benefits under the original assessments or any
28	28	reassessment bears to the assessment of agricultural lands bearing the highest
29	29	assessment.
30	30	b.Agricultural lands must be assessed uniformly throughout the entire assessed
31	31	area. Nonagricultural property must be assessed an amount not to exceed two
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33	33	HOUSE BILL NO. 1396
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59	59	Legislative Assembly
60	60	dollars for each five hundred dollars of taxable valuation of the nonagricultural
61	61	property.
62	62	2.In case the maximum levy or assessment on agricultural and nonagricultural property
63	63	for any year will not produce an amount sufficient to cover the cost of cleaning out and
64	64	repairing the drain, a water resource board may accumulate a fund in an amount not
65	65	exceeding the sum produced by the maximum permissible levy for six years.
66	66	3.If the cost of, or obligation for, the cleaning and repairing of any drain exceeds the total
67	67	amount that may be levied by the board in any six-year period, the board shall obtain
68	68	the approval of the majority of the landowners as determined by chapter 61-16.1
69	69	before obligating the district for the costs.
70	70	4.A vote for a question under subsection 3 must be a recorded vote. The board shall
71	71	keep a record of the votes in favor and votes against. For individuals who voted
72	72	against a project, the board is not required to approve surface drainage or subsurface
73	73	drainage under section 61 - 32 - 03.3 for five years following the vote against the project.
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