North Dakota House Bill HB1396

North Dakota 2025-2026 Regular Session

• Introduced: 1/13/25
• Refer: 1/13/25
• Report DNP: 1/31/25

Caption

Maintenance of drainage projects.

Impact

The implications of this bill on state laws are significant. By establishing a uniform assessment for agricultural lands, HB1396 aims to ensure equitable treatment among landowners benefiting from drainage systems. Additionally, the bill allows for the accumulation of funds by water resource boards to cover maintenance costs over a period of six years if the maximum levy does not suffice. This provision could enable more sustainable management of water resources and more effective maintenance practices.

Summary

House Bill 1396 seeks to amend section 61-16.1-45 of the North Dakota Century Code, specifically addressing the maintenance of drainage projects. The bill proposes that special assessments for maintaining drains on agricultural land will not exceed four dollars per acre. This standardization is intended to streamline the process for assessing maintenance costs across various agricultural lands, establishing a cap that reflects the benefits received from the drainage systems. Such a provision aims to facilitate easier funding and maintenance procedures for drainage projects impacting agricultural activities.

Conclusion

Overall, House Bill 1396 represents an effort to amend existing legislation governing drainage maintenance to accommodate the realities faced by agricultural landowners and improve the efficiency of funding methods. While the bill has clear benefits, particularly in creating more streamlined processes for assessments, it also raises questions about fairness in assessments across different land types and the decision-making power of landowners regarding infrastructure maintenance.

Contention

One potential point of contention regarding HB1396 lies in the limitations it places on nonagricultural property assessments, which are capped at two dollars for each five hundred dollars of taxable valuation. This may create disparities in the financial obligations between agricultural and nonagricultural property owners within the same district. Furthermore, the requirement for majority landowner approval for costs exceeding levied amounts may lead to disputes, particularly if there is a lack of consensus among landowners regarding necessary drainage repairs.