North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1474 Compare Versions

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1-25.1184.02000
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22 Sixty-ninth
33 Legislative Assembly
44 of North Dakota
55 Introduced by
66 Representatives Toman, Dockter, Kasper, Schatz, Steiner, VanWinkle, Koppelman, D.
77 Johnston, Louser
88 Senators Meyer, Castaneda, Paulson
9-A BILL for an Act to provide for a legislative management study of property tax reform for
10-residential property.
9+A BILL for an Act to create and enact a new section to chapter 57-02, a new chapter to title 57,
10+a new section to chapter 57-09, a new section to chapter 57-11, two new sections to chapter
11+57-12, two new sections to chapter 57-13, and a new section to chapter 57-15 of the North
12+Dakota Century Code, relating to imposition of a square footage tax on residential property,
13+provision of a solar or wind energy device or geothermal device credit and new single-family,
14+condominium, and townhouse residential property credit, duties of the state and county boards
15+of equalization, application of mill levy limits, and valuation requirements; to amend and reenact
16+sections 11-23-05, 11-28.3-03, 11-28.3-04, and 11-28.3-09, subsection 2 of section 11-28.3-17,
17+subsection 4 of section 15.1-27-04.1, sections 18-10-07, 18-10-12.1, 40-40-06, 40-40-10, and
18+40-58-20, subsection 2 of section 40-58-20.2, sections 57-02-11, 57-02-51, 57-02-52, 57-09-04,
19+57-11-03, 57-15-02, 57-15-02.2, 57-15-05, 57-15-07, 57-15-11, 57-15-13, 57-15-31, 57-15-31.1,
20+57-20-01, 57-20-01.1, 57-20-02, 57-20-03, 57-20-04, 57-20-07.1, 57-20-09, 57-20-10, and
21+57-20-21.1, subdivision a of subsection 1 of section 57-23-04, section 57-23-06, subsection 2 of
22+section 57-28-03, subdivision c of subsection 1 of section 57-28-20, and sections 57-28-26,
23+57-55-01.2, 57-55-04, 57-55-04.1, 57-55-05, and 61-24-09 of the North Dakota Century Code,
24+relating to imposition of a square footage tax on residential property, application of certain
25+property tax incentives to the square footage tax, duties of state and local equalization boards,
26+determination of taxing district budgets and tax levies, the determination of school state aid
27+payments, and imposition of a square footage tax on mobile homes; to repeal subsection 35 of
28+section 57-02-08 of the North Dakota Century Code, relating to a property tax exemption for
29+new single-family, condominium, and townhouse residential property; to provide a penalty; and
30+to provide an effective date.
1131 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12-SECTION 1. LEGISLATIVE MANAGEMENT STUDY - PROPERTY TAX REFORM FOR
13-RESIDENTIAL PROPERTY.
14-1.During the 2025-26 interim, the legislative management shall consider studying
15-property tax reform for residential property, including the feasibility of imposing
16-limitations on taxable valuation increases and of replacing the current property tax
17-structure for residential property with a price per square foot taxation method. The
18-study must include:
19-a.A review of the current property tax system for residential property, including
20-procedures for property assessment, the function of the equalization and
21-abatement process, and the process for determining taxing district budgets.
22-b.Consideration of methods to limit the growth of residential property values,
23-including potential advantages and disadvantages for property owners and taxing
24-districts.
25-c.Consideration of implementation and administration of a new taxation method
26-based on a price per square foot, the potential impact of the new taxation method
27-on taxpayers and taxing districts, potential unintended consequences related to a
28-transition from the current ad valorem taxation system to a new taxation method,
29-Page No. 1 25.1184.02000
30-ENGROSSED HOUSE BILL NO. 1474
31-FIRST ENGROSSMENT
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53-and potential approaches to mitigate unintended consequences related to the
54-transition to a new taxation method.
55-2.The legislative management shall report its findings and recommendations, together
56-with any legislation required to implement the recommendations, to the seventieth
57-legislative assembly.
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59+SECTION 1. AMENDMENT. Section 11-23-05 of the North Dakota Century Code is
60+amended and reenacted as follows:
61+11-23-05. Computing amount of levy.
62+1.The amount which the board of county commissioners shall levy as the county
63+ad valorem tax shall be computed by adding together the amounts of the annual
64+appropriation and of that part of any special appropriation which is to be raised by
65+taxation and deducting therefrom so much of the probable receipts from all sources,
66+including square footage tax levied under section 18 of this Act, except loans, and so
67+much of the unappropriated balance in the county treasury at the close of the auditor's
68+books for the previous year as the board deems advisable.
69+2.The board, on or before the October meeting required by section 11-11-05, shall
70+determine the amount of ad valorem taxes that shall be levied for county purposes and
71+the square footage tax rate for purposes of the tax under section 18 of this Act and
72+shall levy all such taxes in specific amounts.
73+SECTION 2. AMENDMENT. Section 11-28.3-03 of the North Dakota Century Code is
74+amended and reenacted as follows:
75+11-28.3-03. Notice of election.
76+In addition to the usual requirements of notices of election, the notice for an election at
77+which the question provided for in this chapter will be voted upon must include a statement
78+describing the boundaries of the proposed rural ambulance service district, expressed,
79+wherever possible, in terms of the government survey, a statement setting forth a maximum
80+allowed mill levy and square footage tax rate for the proposed district, which levy may not
81+exceed the limitation in section 11-28.3-09. The notice of election also must state the voting
82+areas in which the question provided by this chapter will be on the ballot.
83+SECTION 3. AMENDMENT. Section 11-28.3-04 of the North Dakota Century Code is
84+amended and reenacted as follows:
85+11-28.3-04. Form of ballot - Vote required to approve.
86+1.The ballot on the question of forming a rural ambulance service district must be in
87+substantially the following form:
88+Shall (name of taxing district or districts) levy a tax for the purpose of forming a
89+rural ambulance district of not to exceed _______ mills for the purpose of forming
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123+a rural ambulance districtcommercial, agricultural, and centrally assessed
124+property, $_______ per residential land square foot, and $_______ per
125+residential structure square foot?
126+Yes ☐
127+No ☐
128+2.The square footage tax rates must be determined in accordance with the requirements
129+of section 18 of this Act.
130+3.If a majority of all the votes cast on the question of levying a tax and forming a rural
131+ambulance service district are in favor of such athe tax levy, then the formation of the
132+district is approved.
133+SECTION 4. AMENDMENT. Section 11-28.3-09 of the North Dakota Century Code is
134+amended and reenacted as follows:
135+11-28.3-09. Emergency medical service policy - Levy - Financial report.
136+1.The board of directors shall establish a general emergency medical service policy for
137+the district and annually shall estimate the probable expense for carrying out that
138+policy. The estimate must be certified by the president and secretary to the proper
139+county auditor or county auditors, on or before August tenth of each year. In the year
140+for which the levy is sought, a board of directors of a rural ambulance service district
141+seeking approval of a property tax levy under this chapter shall file with the county
142+auditor of the counties within the rural ambulance service district, at a time and in a
143+format prescribed by the county auditors, a financial report for the preceding calendar
144+year showing the ending balances of each fund held by the rural ambulance service
145+district during that year. The board or boards of county commissioners may levy a tax
146+not to exceed the mill rate and square footage rates approved by the electors of the
147+district under section 11-28.3-04. If the board wishes to levy a tax in excess of that
148+approved by the electors, the board, upon its own motion, may place the question of
149+increasing the maximum allowable mill levy and square footage rates for the electors
150+to approve at a regular or special election. The amount of ad valorem tax levied under
151+this section may not exceed a mill rate of fifteen mills upon the taxable property within
152+the district for the maintenance of the rural ambulance service district for the fiscal
153+year as provided by law.
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187+2.The tax levied for a rural ambulance service district must be:
188+a.Collected as other taxes are collected in the county.
189+b.Deposited by the secretary-treasurer in a bank or credit union account.
190+c.Paid out upon warrants drawn upon the district account by authority of the board
191+of directors of the district, bearing the signature of the secretary-treasurer and the
192+countersignature of the president.
193+3.The amount of the tax levy, including ad valorem taxes and square footage taxes
194+authorized under section 18 of this Act, may not exceed the amount of funds required
195+to defray the expenses of the district for a period of one year as embraced in the
196+annual estimate of expense, including the amount of principal and interest upon the
197+indebtedness of the district for the ensuing year. The district may include in its
198+operating budget no more than ten percent of its annual operating budget as a
199+depreciation expense to be set aside in a dedicated emergency medical services
200+sinking fund deposited with the treasurer for the replacement of equipment and
201+ambulances. The ten percent emergency medical services sinking fund may be in
202+addition to the actual annual operating budget, but the total of the annual operating
203+budget and the annual ten percent emergency medical services sinking fund shall not
204+exceed the amount of revenue that would be generated by application of the
205+maximum mill levy and square footage rates approved by the electors.
206+4.If an ambulance operations area identified by the department of health and human
207+services under section 23-27-01 is situated, in whole or in part, within the boundaries
208+of a rural ambulance service district formed under this chapter, and the district does
209+not provide emergency medical services to the territory in the ambulance operations
210+area, whether directly or through a contract under section 11-28.3-12, the property
211+situated in the ambulance operations area which does not receive emergency medical
212+services from the district is exempt from the district's tax levy under this section.
213+Changes to the ambulance operations area will not impact the district under this
214+section until the subsequent tax year. The excluded territory remains responsible and
215+must discharge its proportionate share of outstanding obligations pursuant to the
216+procedure under section 11-28.3-17.
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249+SECTION 5. AMENDMENT. Subsection 2 of section 11-28.3-17 of the North Dakota
250+Century Code is amended and reenacted as follows:
251+2.Mill leviesLevies imposed under section 11-28.3-09 remain in effect until the
252+proportionate share of outstanding obligations are paid.
253+SECTION 6. AMENDMENT. Subsection 4 of section 15.1-27-04.1 of the North Dakota
254+Century Code, as effective after June 30, 2025, is amended and reenacted as follows:
255+4.After determining the product in accordance with subsection 3, the superintendent of
256+public instruction shall:
257+a.Subtract an amount equal to sixty mills multiplied by the taxable valuation of all
258+property classifications in the school district in taxable year 2025; and
259+b.Subtract an amount equal to seventy-five percent of all revenue types listed in
260+subdivisions c and d of subsection 1. Before determining the deduction for
261+seventy-five percent of all revenue types, the superintendent of public instruction
262+shall adjust revenues as follows:
263+(1)Tuition revenue shall be adjusted as follows:
264+(a)In addition to deducting tuition revenue received specifically for the
265+operation of an educational program provided at a residential
266+treatment facility, tuition revenue received for the provision of an adult
267+farm management program, tuition received for the education of
268+high-cost and special education students, and tuition received under
269+an agreement to educate students from a school district on an
270+air force base with funding received through federal impact aid as
271+directed each school year in paragraph 3 of subdivision c of
272+subsection 1, the superintendent of public instruction also shall reduce
273+the total tuition reported by the school district by the amount of tuition
274+revenue received for the education of students not residing in the
275+state and for which the state has not entered a cross-border education
276+contract; and
277+(b)The superintendent of public instruction also shall reduce the total
278+tuition reported by admitting school districts meeting the requirements
279+of subdivision e of subsection 2 of section 15.1-29-12 by the amount
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313+of tuition revenue received for the education of students residing in an
314+adjacent school district.
315+(2)After adjusting tuition revenue as provided in paragraph 1, the
316+superintendent shall reduce all remaining revenues from all revenue types
317+by the percentage of mills levied in 2022 by the school district for sinking
318+and interest relative to the total mills levied in 2022 by the school district for
319+all purposes.
320+SECTION 7. AMENDMENT. Section 18-10-07 of the North Dakota Century Code is
321+amended and reenacted as follows:
322+18-10-07. Fire protection policy to be determined - Financial report - Tax levy limit -
323+Vote-approved ad valorem levy authority.
324+1.The board of directors shall determine a general fire protection policy for the district
325+and shall annually estimate the probable expense for carrying out the contemplated
326+program. The annual estimate of probable expense may include an amount
327+determined by the board of directors to be necessary to be carried over to a future
328+year for purchase of firefighting equipment, ambulances, or other emergency vehicles.
329+The estimate must be certified by the president and secretary to the proper county
330+auditor or county auditors, on or before June thirtieth of each year, who shall levy a
331+tax, including ad valorem tax and square footage tax as authorized under section 18 of
332+this Act, upon the taxable property within the district for the maintenance of the fire
333+protection district for the fiscal year as provided by law.
334+2.In the year for which the levy is sought, a board of directors of a rural fire protection
335+district seeking approval of a property tax levy under this chapter must file with the
336+county auditor of the counties within the rural fire district, at a time and in a format
337+prescribed by the county auditors, a financial report for the preceding calendar year
338+showing the ending balances of each fund held by the rural fire protection district
339+during that year.
340+3.The ad valorem tax may not exceed a tax rate of five mills per dollar of the taxable
341+valuation of property in the district except upon resolution adopted by the board of
342+directors and approval by a majority of the qualified electors voting on the question at
343+an annual or special meeting of electors called by the board of directors, the
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377+ad valorem levy may be made in an amount not exceeding thirteen mills. If an election
378+to approve or reauthorize an excess ad valorem tax levy will be held at an annual or
379+special meeting of electors of the district called by the board of directors, notice of the
380+meeting and the proposed excess ad valorem levy election must be provided by at
381+least one publication in the official newspaper of each county in which the district is
382+located at least seven days, but not more than fourteen days, before the date of the
383+public meeting. The published notice must include the amount of the proposed
384+ad valorem tax rate increase in mills and the duration for which elector approval of the
385+increase is sought and must include the location where, and hours during which,
386+ballots may be cast.
387+4.Votes to approve or disapprove the ad valorem levy increase must be cast on the date
388+of the meeting. The polling place must remain open for at least six hours on the date
389+of the meeting. The secretary-treasurer of the district shall prepare and distribute to
390+qualified electors at the polling place paper ballots to conduct the election on the
391+question of increased ad valorem levy authority. Three election judges to receive and
392+count the ballots, who are qualified electors of the district but not members of the
393+board, must be selected at least seven days before the meeting by approval of a
394+majority of the members of the board. A marked ballot must be delivered to one of the
395+judges, folded to conceal its contents, the judge shall deposit it in the ballot box, and
396+another judge shall enter the name of the elector who cast the ballot in the pollbook.
397+When the election is closed, the judges shall count the ballots and announce the
398+result. Results of the election must be certified by the secretary-treasurer of the district
399+and each of the election judges to the tax commissioner and to the county auditor of
400+each county in which the district is located within ten days after the election. The
401+certificate must include a statement of the question as it appeared on the ballot,
402+together with the total number of votes cast in favor, and the number of votes cast
403+against, authorizing the excess ad valorem levy.
404+5.After July 31, 2015, approval or reauthorization by electors of increased ad valorem
405+levy authority under this section may not be effective for more than ten taxable years
406+or the period of time necessary for repayment of indebtedness incurred which was
407+intended to be repaid from the increased ad valorem levy, whichever expires later.
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441+Additional ad valorem levy authority authorized by the board of directors after petition
442+of electors before August 1, 2015, remains in effect under the provisions of law at the
443+time the levy was authorized for the time period authorized by the electors but not
444+exceeding ten taxable years or the period of time necessary for repayment of
445+indebtedness incurred which was intended to be repaid from the increased levy,
446+whichever expires later.
447+6.The ad valorem tax and square footage tax levied under section 18 of this Act must
448+be:
449+1.a.Collected as other taxes are collected in the county.
450+2.b.Turned over to the secretary-treasurer of the rural fire protection district, who
451+shall have a surety bond in the amount of at least five thousand dollars.
452+3.c.Placed to the credit of the rural fire protection district so authorizing the same by
453+its secretary-treasurer in a state or national bank, except amounts to be carried
454+over to a future year for purchase of firefighting equipment, ambulances, or other
455+emergency vehicles may be invested to earn the maximum return available.
456+4.d.Paid out upon warrants drawn upon the fund by authority of the board of directors
457+of the district, bearing the signature of the secretary-treasurer and the
458+countersignature of the president of the rural fire protection district.
459+7.The amount of tax levy, including ad valorem taxes and square footage taxes, may not
460+exceed the amount of funds required to defray the expenses of the district for a period
461+of one year as embraced in the annual estimate of expense, including the amount of
462+principal and interest upon the indebtedness of the district for the ensuing year and
463+including any amount determined by the board of directors to be necessary to be
464+carried over to a future year for purchase of firefighting equipment, ambulances, or
465+other emergency vehicles.
466+SECTION 8. AMENDMENT. Section 18-10-12.1 of the North Dakota Century Code is
467+amended and reenacted as follows:
468+18-10-12.1. Withdrawal from rural fire protection district.
469+Any person having an ownership interest in property subject to a millan ad valorem or
470+square footage tax levy as provided for in section 18-10-07 and wishing to withdraw such
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503+property from the rural fire protection district may do so as provided in this section, subject to
504+the following restrictions:
505+1.The territory to be withdrawn from the district must border on the outer boundary of the
506+district.
507+2.The territory to be withdrawn from the district remains subject to and chargeable for
508+the payment and discharge of the proportion of obligations outstanding at the time of
509+filing the petition for the withdrawal of the territory that the taxable valuation of property
510+in the territory to be withdrawn bears to the taxable valuation of all property within the
511+district prior to withdrawal.
512+3.Mill leviesLevies imposed under section 18-10-07 remain in effect until the
513+proportionate share of outstanding obligations are paid.
514+4.The proceedings for withdrawal must be initiated by the filing of a petition with the
515+appropriate county auditor or auditors signed by the fee title holders of sixty percent of
516+the surface acreage in the territory sought to be withdrawn and contain a description of
517+the boundaries of the territory sought to be withdrawn and a map or plat illustrating
518+such area.
519+5.The county auditor shall verify from the tax schedules and determine whether the
520+petition complies with the requirements of subsection 4.
521+6.The county auditor shall determine and certify the respective percentage proportions
522+of the taxable valuation of the territory petitioned to be withdrawn to the taxable
523+valuation of all property in the district prior to withdrawal to the board of directors of the
524+district concerned.
525+7.Within twenty days after receipt of the petition, verification, and computation of
526+respective percentage proportions, the board of directors of the district concerned
527+shall attach to the petition a statement of outstanding obligations of the district and
528+shall forward the petition to the appropriate board or boards of county commissioners.
529+8.The board or boards of county commissioners shall, at a regular meeting, compute the
530+indebtedness proportionately assignable to the territory sought to be withdrawn, and
531+shall, by written order, describe the boundaries of the territory withdrawn and the
532+indebtedness of the district assigned to the territory and subject to continued levy
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565+under section 18-10-07. The order and computation must be filed in the office of the
566+county auditor or auditors.
567+9.The annual estimate required under section 18-10-07 must reflect the annual expense
568+of retiring principal and interest upon the proportionate share of district indebtedness
569+assigned to withdrawn territory.
570+SECTION 9. AMENDMENT. Section 40-40-06 of the North Dakota Century Code is
571+amended and reenacted as follows:
572+40-40-06. Notice of preliminary budget statement - Contents - How given.
573+1.On or before August tenth of each year, after the governing body has prepared the
574+preliminary budget statement, the auditor of the municipality shall:
575+a.Provide the county auditor with a copy of the preliminary budget statement.
576+b.Set a public budget hearing date no earlier than September seventh and no later
577+than October seventh for the purpose of adopting the final budget and square
578+footage tax rates for purposes of the tax authorized under section 18 of this Act
579+and making the annual ad valorem and square footage tax levy.
580+c.Provide notice of the public budget and proposed square footage tax rate hearing
581+date to the county auditor.
582+2.For municipalities anticipating levying a square footage tax or less than one hundred
583+thousand dollars in ad valorem tax levies in the current year, the notice must:
584+a.Contain a statement of the proposed square footage tax rate and the total
585+proposed expenditures for each fund in the preliminary budget, but need not
586+contain any detailed statement of the proposed expenditures;
587+b.Be published at least once, not less than six days prior to the budget hearing, in a
588+newspaper published in the municipality, if there is one, and if no newspaper is
589+published in the municipality, the notice must be published not less than six days
590+prior to the meeting in the official city newspaper as provided by section
591+40-01-09; and
592+c.Provide that any taxpayer may appear and discuss with the governing body the
593+proposed square footage tax rates or any item of proposed expenditures, or may
594+object to any item or, amount, or rate.
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625+30 Sixty-ninth
626+Legislative Assembly
627+SECTION 10. AMENDMENT. Section 40-40-10 of the North Dakota Century Code is
628+amended and reenacted as follows:
629+40-40-10. Certified copies of levy and final budget sent to county auditor.
630+Immediately after the completion of the final budget, square footage tax rates for purposes
631+of the tax under section 18 of this Act, and the adoption of the annual ad valorem and square
632+footage tax levy by the governing body of a municipality in accordance with the provisions of
633+this chapter, and in no case later than October tenth, the auditor of the municipality shall send to
634+the county auditor a certified copy of the levy and square footage tax rates for purposes of the
635+tax under section 18 of this Act as adopted and a certified copy of the final budget.
636+SECTION 11. AMENDMENT. Section 40-58-20 of the North Dakota Century Code is
637+amended and reenacted as follows:
638+40-58-20. Tax increment financing.
639+1.At any time after the governing body of a municipality has approved a development or
640+renewal plan for any development or renewal area and has filed that plan with the
641+department of commerce division of community services, it may request the county
642+auditor and treasurer to compute, certify, and remit tax increments resulting from the
643+development or renewal of the area in accordance with the plan and any modifications
644+thereof, and the county auditor and treasurer shall do so in accordance with this
645+section.
646+a.For a tax increment district established before July 1, 2011, the base year for tax
647+increments computed for a development or renewal area under this section or
648+section 40-58-20.1 may not be used for more than twenty-five taxable years
649+without the governing body of the municipality establishing a new base year
650+using taxable values, established as of February first of the following year, or
651+square footage taxes levied in the following taxable year, which are not more
652+than fifteen years old. Regardless of length of the initial district, the new base
653+year may be used to compute tax increments for up to an additional fifteen years
654+after which time the tax increment district must be closed, except that the original
655+base year for tax increments pledged for an indebtedness incurred before July 1,
656+2011, may continue until the indebtedness is paid.
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687+30 Sixty-ninth
688+Legislative Assembly
689+b.For a tax increment district established after July 1, 2011, the base year for tax
690+increments computed for a development or renewal area under this section or
691+section 40-58-20.1 may not be used for more than twenty-five taxable years
692+without the governing body of the municipality establishing a new base year
693+using taxable values, established as of February first of the following year, or
694+square footage taxes levied in the following taxable year, which are not more
695+than fifteen years old. The new base year may be used to compute tax
696+increments for up to an additional five years after which time the tax increment
697+district must be closed.
698+2.Notwithstanding any other provision in this section, for a tax increment district
699+established before January 1, 2026, the tax increment or tax losses must be
700+calculated as the difference between the square footage tax and ad valorem tax levied
701+in dollars against the lots and parcels of real estate in the district in the current taxable
702+year and the amount of ad valorem property tax levied in dollars against the original
703+taxable value of the lots and parcels of real estate in the district in taxable year 2025.
704+For purposes of this subsection, "original taxable value" means the taxable value of
705+the lots and parcels of real estate in the year the tax increment district was
706+established.
707+3.For a tax increment district established on or after January 1, 2026:
708+a.The auditor shall compute and certify the original taxable value ofsquare footage
709+tax or ad valorem tax levied in dollars against each lot and parcel of real estate in
710+the area, as last assessed and equalizedlevied before the date of the request,
711+including the taxable value oftax levied against any lot or parcel previously
712+acquired by the municipality or its urban renewal agency, as last assessed and
713+equalizedtaxed before it was acquired. However, any real property acquired by
714+the city or the city's urban renewal agency prior to July 1, 1973, or more than five
715+years prior to the approval of a development or renewal plan for any development
716+or renewal area, whichever is later, is deemed to have an original taxable value
717+of a zero tax levy and the county auditor shall so certify.
718+3.b.In each subsequent year, the auditor shall compute and certify the net amount by
719+which the original taxable value of square footage tax and ad valorem tax levied
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752+Legislative Assembly
753+in dollars against all lots and parcels of real estate in the area, as then assessed
754+and equalizedlevied, including real estate then held by the municipality or urban
755+renewal agency valuedtaxed at zero, has increased or decreased in comparison
756+with the original taxable value of all suchsquare footage tax and ad valorem tax
757+levied in dollars against the real estate. The net amount of the increase or
758+decrease is referred to in this section as the incremental valuetax increment or
759+the lost valuetax losses for that year, as the case may berespectively.
760+4.In any year when there is an incremental value, the auditor shall exclude it from the
761+taxable value upon which the auditor computes the mill rates of taxes levied in that
762+year by the state, the county, the municipality, the school district, and every other
763+political subdivision having power to tax the development or renewal area, until the
764+cost of development or renewal of the area has been reimbursed in accordance with
765+this section. However, the auditor shall extend the aggregate mill rate of those taxes
766+against the incremental value as well as the original taxable value, and the amount of
767+taxes received from that extension against the incremental value is referred to in this
768+section as the tax increment for that year.
769+5.In any year when there is a lost value, the auditor shall compute and certify the
770+amounts of taxes which would have resulted from the extension against the lost value
771+of the mill rate of taxes levied that year by the state and each political subdivision
772+having power to tax the development or renewal area. The amounts so computed are
773+referred to in this section as the tax losses for that year.
774+6.The county auditor shall segregate all tax increments from the development or renewal
775+area in a special fund, crediting to the fund an amount equal to the tax increment, in
776+each year when there is an incremental value, that proportion of each collection of
777+taxes on real estate within the area which the incremental value bears to the total
778+taxable value in that yeara tax increment.
779+7.5.Upon receipt of any tax increments in the fund, the county treasurer, at the times when
780+the county treasurer distributes collected taxes to the state and to each political
781+subdivision for which a tax loss has previously been recorded, shall also remit to each
782+of them from the tax increment fund an amount proportionate to the amount of that tax
783+loss, until all those tax losses have been reimbursed. Thereafter, at the time of each
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815+31 Sixty-ninth
816+Legislative Assembly
817+distribution, the county treasurer shall remit the entire balance then on hand in the
818+fund to the municipality, until the cost of development or renewal of the area has been
819+reimbursed to the municipality as provided in this section.
820+8.6.The cost of development or renewal subject to reimbursement from the tax increment
821+fund for each development or renewal area must include all expenditures incident to
822+carrying out the development or renewal plan for the area and any modifications
823+thereof, not otherwise reimbursed in one of the ways referred to below, including all
824+expenses of the clearance, development, redevelopment, rehabilitation, and
825+conservation of the area, and all interest and redemption premiums paid on bonds,
826+notes, or other obligations issued by the municipality or urban renewal agency to
827+provide funds for payment of those expenses, subject to section 40-58-20.1 for the
828+purpose of determining eligible cost of development of industrial or commercial
829+property. From the total cost to be reimbursed there must be deducted, except as
830+provided below, all amounts received from the federal government or others, and all
831+special assessments, revenues, and other receipts except property taxes, which are
832+actually collected and applied to the payment of the cost or the bonds, notes, or other
833+obligations, at the times when those payments are due. However, if the proceeds of
834+tax increments or of bonds, notes, or other obligations are loaned to finance part or all
835+of the cost of a project comprising the restoration, reconstruction, and improvement of
836+a privately owned state historical site situated within the development or renewal area
837+or any buildings or structures thereon, as contemplated in section 55-10-08, or of a
838+property listed in the national register of historic places, as contemplated in section
839+55-10-11, in consideration of the grant to the city of a historic easement with respect
840+thereto, repayments of the loan may not be deducted from the cost of development or
841+renewal subject to reimbursement.
842+9.7.The tax increments from any development or renewal area may be appropriated by
843+the governing body of the municipality for the payment of any general obligation
844+bonds, special improvement warrants, or refunding improvement bonds issued by the
845+municipality to provide funds for payment of the cost of development or renewal,
846+together with interest and redemption premiums thereon, other than that portion, if
847+any, of such principal, interest, and redemption premiums which can be paid when due
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879+31 Sixty-ninth
880+Legislative Assembly
881+from collections of special assessments, revenues, or other funds, excluding property
882+taxes, which are pledged for the payment thereof. When special improvement
883+warrants or refunding improvement bonds are issued to pay the cost of public
884+improvements of special benefit to properties within the development or renewal area,
885+the governing body may cause those special benefits to be computed, together with
886+the cost properly assessable against those properties, and may appropriate the tax
887+increments from the area to the payment of that cost, in lieu of levying special
888+assessments upon the property. In this event, the amount so appropriated, divided into
889+the same number of installments as the special assessments and with interest at the
890+same rate on the declining balance thereof, is deemed a part of the special
891+assessments appropriated for payment of the cost, within the meaning of section
892+40-26-08.
893+10.8.When the cost of development or renewal of any development or renewal area has
894+been fully paid and all bonds, notes, or other obligations issued by the municipality to
895+pay that cost have been retired, or funds sufficient for the retirement thereof have
896+been received by the municipality, the governing body shall cause this to be reported
897+to the county auditor, who shall thereafter compute the mill rates oflevy all taxes upon
898+the total taxable value, for property subject to ad valorem tax, or the total square
899+footage, for property subject to the tax under section 18 of this Act, of the development
900+or renewal area. Any balance then on hand in the tax increment fund must be
901+distributed by the county treasurer to the state and all political subdivisions having
902+power to tax property, including by ad valorem and square footage tax, in the area, in
903+amounts proportionate to the amounts of the tax losses previously reimbursed to
904+them.
905+11.9.As an alternative to the sale of bonds to be amortized with tax increments as provided
906+in this section, the governing body of a municipality may, in its discretion, grant a total
907+or partial tax exemption for the project in order to provide assistance to a project
908+developer in a development or renewal area, pursuant to agreement with the
909+municipality. However, if a developer of a development or renewal project receives a
910+tax exemption for that project pursuant to this subsection, that project developer may
911+not receive a tax exemption for that project under section 40-57.1-03, 40-57.1-04,
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943+31 Sixty-ninth
944+Legislative Assembly
945+40-57.1-04.1, or 40-57.1-04.3. The amount of annual tax exemption under this
946+subsection is limited to the tax increment as defined in this section as it applies to the
947+development or renewal project and may extend for a period not to exceed fifteen
948+years. In determining the total amount of the tax exemption to be authorized, the
949+municipality shall give due consideration to the same elements as are involved in the
950+sale of bonds to be amortized by tax increments. The amount to be reimbursed, by tax
951+exemption, to the project developer must be all or a portion of eligible public costs
952+which have been paid by the project developer, plus interest on those costs at a rate
953+not to exceed ten percent per annum. The amount of tax exemption must be an
954+amount sufficient to reimburse the project operator for those eligible costs, amortized
955+pursuant to the agreement between the project developer and the municipality. If an
956+exemption has been granted under this subdivision before taxable year 2026 for
957+property that is subject to the square footage tax under section 18 of this Act in taxable
958+year 2026 or later, the governing body of a municipality shall convert the exemption as
959+necessary to allow the same tax benefit to be realized by the property owner under the
960+square footage taxation system under section 18 of this Act as would have been
961+realized under the ad valorem taxation system before taxable year 2026.
962+12.10.The governing body of a municipality with an active tax increment financing district
963+may at any time identify funds on hand that are in excess of the costs it determines
964+necessary to complete the activities included in the last approved urban renewal plan
965+for that district. The governing body shall cause the identified surplus to be transferred
966+to the county treasurer to be distributed to the state and all political subdivisions
967+having power to tax property in the area, in amounts proportionate to the most recent
968+five-year average of the ad valorem property tax or square footage tax levy within the
969+district.
970+SECTION 12. AMENDMENT. Subsection 2 of section 40-58-20.2 of the North Dakota
971+Century Code is amended and reenacted as follows:
972+2.Before granting a property tax incentive, including an ad valorem tax or square footage
973+tax incentive, on any parcel of property that is anticipated to receive a property tax
974+incentive for more than five years, the governing body of the municipality must comply
975+with the requirements in section 40-05-24.
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1007+31 Sixty-ninth
1008+Legislative Assembly
1009+SECTION 13. AMENDMENT. Section 57-02-11 of the North Dakota Century Code is
1010+amended and reenacted as follows:
1011+57-02-11. Listing of property - Assessment thereof - Determination of square footage .
1012+Certified assessment officials must list and assess property as follows:
1013+1.All real property subject to taxation must be listed and assessed every year with
1014+reference to its value, on February first of that year.
1015+2.An individual property record must be kept by the appropriate assessment official for
1016+each parcel of taxable property. The record may be in electronic or paper form and
1017+must include identifying information as prescribed by the state supervisor of
1018+assessments. Assessors shall prepare the records and provide copies of all property
1019+records prepared by the assessor to the county director of tax equalization. The
1020+county director of tax equalization shall maintain those records for ten years from the
1021+date the records were received from the assessors. A city with an assessor who holds
1022+a current certification as a class I assessor under section 57-02-01.1, and which has
1023+been determined by the state supervisor of assessments to have enough sales for an
1024+adequate sales ratio study, may elect to maintain the records required under this
1025+subsection on behalf of the county. A city that makes this election must include these
1026+records in a city database of taxable property to be maintained in the office of city
1027+assessor for ten years from the assessment date.
1028+3.Whenever after the first day of February and before the first day of April in any year, it
1029+is made to appear to the assessor by the oath of the owner that any building,
1030+structure, or other improvement, or tangible personal property, which is listed for
1031+taxation for the current year has been destroyed or damaged by fire, flood, tornado, or
1032+other natural disaster, the assessor shall investigate the matter and deduct from the
1033+valuation of the property of the owner of such destroyed property an amount which in
1034+the assessor's judgment fairly represents such deduction as should be made.
1035+4.By December 31, 2025, the assessor shall determine the land square footage and
1036+structure square footage of each parcel of residential property in the assessor's
1037+assessment district and record the land square footage and structure square footage
1038+in the individual property record for each parcel. For purposes of this subsection:
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1069+30 Sixty-ninth
1070+Legislative Assembly
1071+a."Land square foot" or "land square footage" means the square footage
1072+measurement of the land area of a parcel of property, excluding the square
1073+footage of any structure or building situated on the land.
1074+b."Structure square foot" or "structure square footage" means the square footage
1075+measurement of structures and buildings situated on a parcel of property above
1076+ground level, exclusive of the land on which the structures or buildings are
1077+situated. The term excludes any areas of a building or structure considered below
1078+grade.
1079+SECTION 14. AMENDMENT. Section 57-02-11 of the North Dakota Century Code is
1080+amended and reenacted as follows:
1081+57-02-11. Listing of property - Assessment thereof - Determination of square footage.
1082+Certified assessment officials must list and assess property as follows:
1083+1.On February first of each year:
1084+a.All real property subject to ad valorem taxation must be listed and assessed
1085+every year with reference to its value, on February first of for that year.
1086+b.The land square footage and structure square footage of real property subject to
1087+the square footage tax under section 18 of this Act must be listed for that year.
1088+2.An individual property record must be kept by the appropriate assessment official for
1089+each parcel of taxable property. The record may be in electronic or paper form and
1090+must include identifying information as prescribed by the state supervisor of
1091+assessments. Assessors shall prepare the records and provide copies of all property
1092+records prepared by the assessor to the county director of tax equalization. The
1093+county director of tax equalization shall maintain those records for ten years from the
1094+date the records were received from the assessors. A city with an assessor who holds
1095+a current certification as a class I assessor under section 57-02-01.1, and which has
1096+been determined by the state supervisor of assessments to have enough sales for an
1097+adequate sales ratio study, may elect to maintain the records required under this
1098+subsection on behalf of the county. A city that makes this election must include these
1099+records in a city database of taxable property to be maintained in the office of city
1100+assessor for ten years from the assessment date.
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1131+30 Sixty-ninth
1132+Legislative Assembly
1133+3.Whenever after the first day of February and before the first day of April in any year, it
1134+is made to appear to the assessor by the oath of the owner that any building,
1135+structure, or other improvement, or tangible personal property, which is listed for
1136+taxation for the current year has been destroyed or damaged by fire, flood, tornado, or
1137+other natural disaster, the assessor shall investigate the matter and deduct from the
1138+valuation or square footage of the property of the owner of such destroyed property an
1139+amount which in the assessor's judgment fairly represents such deduction as should
1140+be made.
1141+4.By December 31, 2025, the assessor shall determine the land square footage and
1142+structure square footage of each parcel of residential property in the assessor's
1143+assessment district and record the land square footage and structure square footage
1144+in the individual property record for each parcel. For purposes of this subsection:
1145+a."Land square foot" or "land square footage" means the square footage
1146+measurement of the land area of a parcel of property, excluding the square
1147+footage of any structure or building situated on the land.
1148+b."Structure square foot" or "structure square footage" means the square footage
1149+measurement of structures and buildings situated on a parcel of property above
1150+ground level, exclusive of the land on which the structures or buildings are
1151+situated. The term excludes any areas of a building or structure considered below
1152+grade.
1153+SECTION 15. AMENDMENT. Section 57-02-51 of the North Dakota Century Code is
1154+amended and reenacted as follows:
1155+57-02-51. Notice of township and city equalization meetings to be published - Date of
1156+equalization meeting.
1157+1.Each year the county auditor shall publish in the official county newspaper for two
1158+successive weeks, a notice that proceedings for the equalization of assessments will
1159+be held by the several local equalization boards.
1160+2.The first publication of the notice may not be more than forty-five days before the date
1161+of the equalization proceedings and the second publication may not be less than
1162+fourteen days before the equalization proceedings.
1163+3.The notice must contain a statement that the:
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1195+31 Sixty-ninth
1196+Legislative Assembly
1197+a.The proceedings will be held at the regular meeting place of the governing board
1198+or other place designated by that board of the township or city, as the case may
1199+be. The notice must also contain a statement that each; and
1200+b.Each taxpayer has the right to appear before the appropriate board of review or
1201+equalization and petition for correction of the taxpayer's assessment of property
1202+valuation or square footage determination under section 18 of this Act .
1203+4.The equalization proceedings in a city must be held within the first fifteen days of April
1204+and the equalization proceedings in an organized township must be held in the month
1205+of April.
1206+SECTION 16. AMENDMENT. Section 57-02-52 of the North Dakota Century Code is
1207+amended and reenacted as follows:
1208+57-02-52. Notice of county equalization meetings to be published - Date of
1209+equalization meeting.
1210+1.Each year the county auditor shall publish in the official county newspaper for two
1211+successive weeks, a notice that proceedings for the equalization of assessments for
1212+all real property in the county will be held by the county board of equalization.
1213+2.The first publication of the notice may not be earlier than May first and the second
1214+publication may not be later than May twentieth, however, the second notice must be
1215+published more than ten days prior to the date of the meeting.
1216+3.The notice must contain the:
1217+a.The date, time, and location of the meeting. The notice must also contain a; and
1218+b.A statement that each taxpayer has the right to appear before the appropriate
1219+board of review or equalization and petition for correction of the taxpayer's
1220+assessment of property valuation or square footage determination under
1221+section 18 of this Act .
1222+4.The county equalization proceedings must be held no later than June tenth.
1223+SECTION 17. A new section to chapter 57-02 of the North Dakota Century Code is created
1224+and enacted as follows:
1225+Valuation of property subject to square footage tax - Exemption.
1226+Notwithstanding any other provision of law:
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1258+Legislative Assembly
1259+1.Except as provided in subsection 2, property subject to the square footage tax under
1260+section 18 of this Act is exempt from the valuation requirements under this chapter.
1261+2.For purposes of calculating the debt limits under sections 15 and 16 of article X of the
1262+Constitution of North Dakota:
1263+a.The true and full value of a property subject to the square footage tax under
1264+section 18 of this Act must be calculated as the sum of:
1265+(1)The land square footage of the property multiplied by the average price per
1266+square foot of similarly situated land in the county based on real estate
1267+sales; and
1268+(2)The structure square footage of the property multiplied by the average price
1269+per square foot of a similarly situated structure in the county based on real
1270+estate sales.
1271+b.The assessed value of a property subject to the square footage tax under
1272+section 18 of this Act is fifty percent of the amount calculated in subdivision a.
1273+SECTION 18. A new chapter to title 57 of the North Dakota Century Code is created and
1274+enacted as follows:
1275+Definitions.
1276+For purposes of this chapter:
1277+1."Land square foot" or "land square footage" means the square footage measurement
1278+of the land area of a parcel of property, excluding the square footage of any structure
1279+or building situated on the land.
1280+2."Structure square foot" or "structure square footage" means the square footage
1281+measurement of structures and buildings situated on a parcel of property above
1282+ground level, exclusive of the land on which the structures or buildings are situated.
1283+The term excludes any areas of a building or structure considered below grade.
1284+Residential square footage tax - Imposition.
1285+Property classified as residential property, which is not otherwise subject to a payment in
1286+lieu of tax , is subject to a tax at a rate equal to a price per land square foot and a price per
1287+structure square foot as approved by each taxing district as provided in this chapter.
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1318+Legislative Assembly
1319+Taxes in lieu of ad valorem property taxes.
1320+Taxes imposed under this chapter are in lieu of all ad valorem property taxes levied by the
1321+state or any of its political subdivisions upon property subject to the tax under this chapter.
1322+Exemptions.
1323+1.Property subject to tax under this chapter which meets the criteria of the exemptions
1324+listed in section 57 - 02 - 08, except subsection 27 of section 57 - 02 - 08 , are exempt from
1325+the tax under this chapter to the extent provided in section 57 - 02 - 08.
1326+2.Notwithstanding any other provision of law:
1327+a.If an exemption or payment in lieu of tax was calculated based on the valuation of
1328+residential property and the applicable mill rate before taxable year 2026, and a
1329+conversion method is not provided under law, the county auditor shall convert the
1330+exemption or payment in lieu of tax as necessary to allow the same tax benefit to
1331+be realized by the property owner under this chapter as would have been
1332+realized by the property owner under the ad valorem taxation system before
1333+taxable year 2026.
1334+b.If a specific exemption or payment in lieu of tax was granted by a taxing district
1335+for a parcel of residential property for a specified number of taxable years under
1336+the ad valorem taxation system before taxable year 2026, the county auditor shall
1337+apply the exemption or payment in lieu of tax to the tax levied under this chapter
1338+for the remaining taxable years. If a conversion method is not provided under law,
1339+the county auditor shall convert the exemption or payment in lieu of tax as
1340+necessary to allow the same tax benefit to be realized by the property owner
1341+under this chapter as would have been realized under the ad valorem taxation
1342+system before taxable year 2026.
1343+Tax exemption certificate for real property to be filed - Exceptions.
1344+1.A person owning residential property located within a taxing district which claims that
1345+the real property is exempt from taxation under this chapter shall file with the assessor
1346+and with the county auditor a certificate setting out the facts on which the claim for
1347+exemption is based, including the names of owners, the date the property was
1348+acquired, the legal description, the use to which the property was put during the twelve
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1380+Legislative Assembly
1381+months preceding the assessment date, and any other information which the assessor
1382+may request.
1383+2.Unless otherwise provided by law, the certificate shall be filed with the assessor and
1384+the county auditor each year before February first.
1385+3.If the certificate is not filed as provided in this section, the assessor shall regard the
1386+property as nonexempt property.
1387+4.The provisions of this section do not apply in any case when the real property is
1388+owned by the United States or the state of North Dakota or any of its departments,
1389+institutions, agencies, or political subdivisions.
1390+Solar, wind, or geothermal energy device credit.
1391+1.An owner is entitled to a credit of five percent of the taxes levied under this chapter
1392+against the structure square footage of a new or existing building in which a solar or
1393+wind energy device or geothermal energy device is installed. The credit may be
1394+applied for up to five taxable years following the installation of the system.
1395+2.To qualify for the credit under subsection 1, an applicant shall sign and file with the
1396+county assessor , by April first of each year, an application containing a verified
1397+statement of facts establishing the applicant's eligibility as of the date of the claim on a
1398+form and in the manner prescribed by the tax commissioner.
1399+3.For the purposes of this subsection:
1400+a."Geothermal energy device" has the meaning provided in section 57 - 38 - 01.8.
1401+b."Solar or wind energy device" has the meaning provided in section 57 - 38 - 01.8.
1402+New single-family, condominium, and townhouse residential property credit.
1403+1.An owner is entitled to a credit equal to thirty percent of the taxes levied under this
1404+chapter against the structure square footage of a new single-family, condominium, and
1405+townhouse residential property if the following conditions are met:
1406+a.The governing body of the city, for property within city limits, or the governing
1407+body of the county, for property outside city limits, has approved the credit under
1408+this section by resolution. A resolution adopted under this subdivision may be
1409+rescinded or amended at any time. The governing body of the city or county may
1410+limit or impose conditions upon a credit under this section, including limitations on
1411+the time during which a credit is allowed.
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1443+31 Sixty-ninth
1444+Legislative Assembly
1445+b.Special assessments and taxes on the property upon which the residence is
1446+situated are not delinquent.
1447+2.The credit may be applied for up to two taxable years after the taxable year in which
1448+construction is completed and the residence is owned and occupied for the first time.
1449+Land and structure square footage - Determination - Certification.
1450+1.On or before February first of each year, certified assessment officials shall determine
1451+the land square footage and structure square footage of residential property subject to
1452+the tax under this chapter. The assessment official shall record the information in the
1453+individual property record for each parcel of property subject to the tax under this
1454+chapter.
1455+2.For purposes of determining structure square footage of a townhouse, the structure
1456+square footage of the townhouse property must be increased by the square footage
1457+added by the right to use any common areas in connection with the townhouse
1458+development. The common areas of the development may not be separately taxed.
1459+The square footage of a common area of the townhouse development must be
1460+apportioned in an equal amount to each townhouse in the development unless a
1461+declaration setting out a different apportionment is recorded in the office of the county
1462+recorder. The total structure square footage of the townhouse property, including the
1463+square footage added as provided in this subsection, must have the benefit of any
1464+credit, exemption, or other special classification if the townhouse otherwise qualifies.
1465+3.The assessor shall certify the land square footage and structure square footage of
1466+each parcel of real property subject to the tax under this chapter to the:
1467+a.Governing board of each taxing district in which the parcel is situated;
1468+b.County director of tax equalization; and
1469+c.County auditor.
1470+4.The assessor shall deliver written notice of the certified land square footage and
1471+structure square footage to the property owner of each parcel of real property subject
1472+to the tax under this chapter at least fifteen days before the meeting of the local board
1473+of equalization.
1474+a.The tax commissioner shall prescribe suitable forms for written notices under this
1475+subsection. The written notice must include the date prescribed by law for the
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1507+31 Sixty-ninth
1508+Legislative Assembly
1509+meeting of the local board of equalization of the assessment district in which the
1510+property is located and the meeting date of the county board of equalization.
1511+b.Delivery of written notice under this subdivision must be by personal delivery to
1512+the property owner, mail addressed to the property owner at the property owner's
1513+last-known address, or electronic mail to the property owner directed with
1514+verification of receipt to an electronic mail address at which the property owner
1515+has consented to receive notice.
1516+5.The determination of taxable land square footage and structure square footage may
1517+be appealed through the equalization or abatement process.
1518+Square footage determination of real property exempt from taxation.
1519+1.At the time of making the determination of land square footage and structure square
1520+footage, the assessor shall enter in a separate list each description of property exempt
1521+from taxation under this chapter and shall determine the land square footage and
1522+structure square footage of the property in the same manner as other property subject
1523+to taxation under this chapter, designating in each case to whom the property belongs
1524+and for what purpose used.
1525+2.This section does not apply to property of the United States, this state, or a political
1526+subdivision of this state or farm buildings or farm residences exempt from property
1527+taxes by law.
1528+Square footage tax rate - Determination - Limitation - Hearing.
1529+1.A taxing district shall:
1530+a.Propose square footage tax rates in an amount per structure square foot and an
1531+amount per land square foot, calculated as follows:
1532+(1)Subject to the requirements and limitations in subsections 4 and 5, for
1533+taxable year 2026:
1534+(a)The proposed price per structure square foot of residential property is
1535+equal to the ad valorem property tax levied in dollars in taxable year
1536+2025 attributable to residential structures situated in the taxing district
1537+divided by the total residential structure square footage in the taxing
1538+district.
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1569+30 Sixty-ninth
1570+Legislative Assembly
1571+(b)The proposed price per land square foot of residential property is
1572+equal to the ad valorem property tax levied in dollars in taxable year
1573+2025 attributable to residential land situated in the taxing district
1574+divided by the total residential land square footage in the taxing
1575+district.
1576+(2)Subject to the requirements and limitations in subsections 4 and 5, for
1577+taxable years after 2026:
1578+(a)The proposed price per structure square foot of residential property is
1579+equal to the price per structure square foot imposed in the preceding
1580+taxable year multiplied by the percentage increase or decrease of the
1581+taxing district's proposed budget for the current taxable year
1582+compared to the preceding taxable year.
1583+(b)The proposed price per land square foot of residential property is
1584+equal to the price per land square foot imposed in the preceding
1585+taxable year multiplied by the percentage increase or decrease of the
1586+taxing district's proposed budget for the current taxable year
1587+compared to the preceding taxable year.
1588+b.Notify the county auditor of the proposed square footage tax rates under
1589+subdivision a according to the procedures in section 57 - 15 - 02.2 on or before
1590+August tenth of each year.
1591+c.Notify members of the taxing district of the proposed square footage tax rates
1592+under subdivision a according to the procedures in section 57 - 15 - 02.2 on or
1593+before August thirty-first of each year.
1594+2.The taxing district shall consider the proposed square footage tax rates under
1595+subsection 1 during the taxing district's budget and proposed square footage tax rate
1596+hearing required under section 57 - 15 - 02.2.
1597+3.Subject to the requirements and limitations in subsections 4 and 5, after the taxing
1598+district's budget and proposed square footage tax rate hearing required under section
1599+57 - 15 - 02.2, the taxing district shall approve the following square footage tax rates by a
1600+resolution approved by the governing body of the taxing district:
1601+a.Price per structure square foot of residential property.
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1633+31 Sixty-ninth
1634+Legislative Assembly
1635+b.Price per land square foot of residential property.
1636+4.For purposes of the square footage tax rates under this chapter, a taxing district shall
1637+impose a square footage tax rate at a rate which will generate sufficient revenue,
1638+together with the ad valorem tax assessed against commercial, agricultural, and
1639+centrally assessed property, to pay outstanding bonded indebtedness secured with ad
1640+valorem property tax in taxable years before 2026.
1641+5.The governing board of a taxing district, in levying taxes, including ad valorem taxes
1642+and square footage taxes under this chapter, is limited by the amount necessary to
1643+meet the appropriations included in the taxing district's budget for the ensuing fiscal
1644+year, and to provide a reserve fund as limited by law, together with a tax sufficient in
1645+amount to pay the interest on the bonded debt of the taxing district and to provide a
1646+sinking fund to pay the principal at maturity.
1647+Certification of square footage tax rates.
1648+The square footage tax rates approved by the governing board of a taxing district to be
1649+applied to a parcel subject to the tax under this chapter must be certified by the officer acting as
1650+business manager or clerk of the governing body of the taxing district to the county auditor of
1651+the county in which the parcel is situated immediately following the action of the governing body,
1652+or within ten days thereafter.
1653+Duty of county auditor upon certification of square footage tax rate.
1654+The county auditor of each county, upon receipt of the square footage tax rates certified to
1655+the county auditor by the proper authorities of a taxing district, shall acknowledge receipt of the
1656+certification to the official so certifying them immediately upon receiving the certification.
1657+Square footage tax levy - Calculation.
1658+The county auditor shall compute the amount of square footage tax to be levied against a
1659+parcel of residential property as the sum of:
1660+1.The combined land square footage tax rates for each taxing district in which the parcel
1661+is situated multiplied by the land square footage of the parcel; and
1662+2.The combined structure square footage rates for each taxing district in which the
1663+parcel is situated multiplied by the structure square footage of the parcel.
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1693+29 Sixty-ninth
1694+Legislative Assembly
1695+Enforcement - Administration - Collection - Penalties - Delinquency.
1696+Provisions of law relating to enforcement, administration, collection, penalties, and
1697+delinquency proceedings for ad valorem taxes apply to taxes levied under this chapter.
1698+Abatement procedure.
1699+The procedures for abatement under chapter 57 - 23 apply to the tax levied under this
1700+chapter.
1701+SECTION 19. AMENDMENT. Section 57-09-04 of the North Dakota Century Code is
1702+amended and reenacted as follows:
1703+57-09-04. Duties of board - Limitation on increase - Notice - Review of square footage
1704+determination.
1705+1.The township board of equalization shall ascertain whether all taxable property subject
1706+to ad valorem taxation in its township has been properly placed upon the assessment
1707+list and duly valued by the assessor. In case any real property has been omitted by
1708+inadvertence or otherwise, the board shall place the same upon the list with the true
1709+value thereof. The board shall proceed to correct the assessment so that each tract or
1710+lot of real property is entered on the assessment list at the true value thereof. The
1711+board may not increase the valuation returned by the assessor to an amount that
1712+results in a cumulative increase of more than fifteen percent from the amount of the
1713+previous year's assessment without giving the owner or the owner's agent reasonable
1714+notice and opportunity to be heard regarding the intention of the board to increase it.
1715+All complaints and grievances of residents of the township must be heard and decided
1716+by the board and it may make corrections as appear to be just. Complaints by
1717+nonresidents with reference to the assessment of any real property and complaints by
1718+others with reference to any assessment made after the meeting of the township
1719+board of equalization must be heard and determined by the county board of
1720+equalization. The board must comply with any requirement for notice of an
1721+assessment increase under section 57-02-53.
1722+2.The township board of equalization shall hear complaints and grievances of residents
1723+of the township regarding the determination of land square footage and structure
1724+square footage for purpose of taxation under section 18 of this Act. The board shall
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1755+30 Sixty-ninth
1756+Legislative Assembly
1757+resolve the complaints and grievances and may make corrections to the square
1758+footage determinations as appear to be just.
1759+SECTION 20. A new section to chapter 57-09 of the North Dakota Century Code is created
1760+and enacted as follows:
1761+Equalization of valuation of property subject to square footage tax - Exemption.
1762+Notwithstanding any other provision of law, property subject to the square footage tax under
1763+section 18 of this Act is exempt from the equalization requirements under this chapter pertaining
1764+to the valuation of the property.
1765+SECTION 21. AMENDMENT. Section 57-11-03 of the North Dakota Century Code is
1766+amended and reenacted as follows:
1767+57-11-03. Duties of board - Limitation on increase - Notice - Review of square footage
1768+determination.
1769+1.At its meeting, the board of equalization shall proceed to equalize and correct the
1770+assessment roll. It may change the valuation and assessment of any real property
1771+subject to ad valorem taxation upon the roll by increasing or diminishing the true and
1772+full valuation thereof as is reasonable and just to render taxation uniform, except that
1773+the board may not increase the valuation of any property returned by the assessor to
1774+an amount that results in a cumulative increase of more than fifteen percent from the
1775+amount of the previous year's assessment without first giving the owner or the owner's
1776+agent reasonable notice and opportunity to be heard regarding the intention of the
1777+board to increase it. All complaints and grievances of residents of the city must be
1778+heard and decided by the board and it may make corrections as appear to be just.
1779+Complaints by nonresidents with reference to the assessment of any real property and
1780+complaints by others with reference to any assessment made after the meeting of the
1781+city board of equalization must be heard and determined by the county board of
1782+equalization. The board shall comply with any requirement for notice of an assessment
1783+increase under section 57-02-53.
1784+2.The board of equalization shall hear complaints and grievances of residents of the city
1785+regarding the determination of land square footage and structure square footage for
1786+purpose of taxation under section 18 of this Act. The board shall resolve the
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1818+Legislative Assembly
1819+complaints and grievances and may make corrections to the square footage
1820+determinations as appear to be just.
1821+SECTION 22. A new section to chapter 57-11 of the North Dakota Century Code is created
1822+and enacted as follows:
1823+Equalization of valuation of property subject to square footage tax - Exemption.
1824+Notwithstanding any other provision of law, property subject to the square footage tax under
1825+section 18 of this Act is exempt from the equalization requirements under this chapter pertaining
1826+to the valuation of the property.
1827+SECTION 23. A new section to chapter 57-12 of the North Dakota Century Code is created
1828+and enacted as follows:
1829+Review and correction of taxable square footage determination.
1830+1.The county board of equalization shall hear complaints and grievances of residents of
1831+the county regarding the determination of land square footage and structure square
1832+footage for purpose of taxation under section 18 of this Act. The board shall resolve
1833+the complaints and grievances and may make corrections to the square footage
1834+determinations as appear to be just.
1835+2.The owner of a parcel of real estate for which the square footage for purposes of
1836+taxation under section 18 of this Act has been calculated may appeal the square
1837+footage determination to the state board of equalization as provided in section 25 of
1838+this Act; provided that the owner has first appealed the assessment to the local
1839+equalization board of the taxing district in which the property is situated and to the
1840+county board of equalization of the county in which the property is situated.
1841+SECTION 24. A new section to chapter 57-12 of the North Dakota Century Code is created
1842+and enacted as follows:
1843+Equalization of valuation of property subject to square footage tax - Exemption.
1844+Notwithstanding any other provision of law, property subject to the square footage tax under
1845+section 18 of this Act is exempt from the equalization requirements under this chapter pertaining
1846+to the valuation of the property.
1847+SECTION 25. A new section to chapter 57-13 of the North Dakota Century Code is created
1848+and enacted as follows:
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1880+Legislative Assembly
1881+Review of appeals regarding taxable square footage determination.
1882+1.If a property owner has properly appealed the property's square footage
1883+determination, the board may hear and resolve the appeal and may make corrections
1884+to the square footage determination as appear to be just.
1885+2.In the case of an appeal, the owner of the property must establish to the satisfaction of
1886+the board that the owner of the property had first appealed the square footage
1887+determination to the local equalization board of the taxing district in which the property
1888+is situated and to the county board of equalization of the county in which the property
1889+is situated.
1890+SECTION 26. A new section to chapter 57-13 of the North Dakota Century Code is created
1891+and enacted as follows:
1892+Equalization of valuation of property subject to square footage tax - Exemption.
1893+Notwithstanding any other provision of law, property subject to the square footage tax under
1894+section 18 of this Act is exempt from the equalization requirements under this chapter pertaining
1895+to the valuation of the property.
1896+SECTION 27. AMENDMENT. Section 57-15-02 of the North Dakota Century Code is
1897+amended and reenacted as follows:
1898+57-15-02. Determination of rate.
1899+The tax rate of all taxes, except taxes the rate of which is fixed by law and the square
1900+footage tax under section 18 of this Act , must be calculated and fixed by the county auditor
1901+within the limitations prescribed by statute. If any municipality levies a greater amount than the
1902+prescribed maximum legal rate of levy will produce, the county auditor shall extend only such
1903+amount of tax as the prescribed maximum legal rate of levy will produce. The rate must be
1904+based and computed on the taxable valuation of taxable property in the municipality or district
1905+levying the tax. The rate of all taxes must be calculated by the county auditor in mills, tenths,
1906+and hundredths of mills.
1907+SECTION 28. AMENDMENT. Section 57-15-02.2 of the North Dakota Century Code is
1908+amended and reenacted as follows:
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1938+Legislative Assembly
1939+57-15-02.2. Estimated property tax, square footage tax, and budget and proposed
1940+square footage tax rate hearing notice.
1941+1.On or before August tenth of each year the governing body of a taxing district shall
1942+provide to the county auditor in each county in which the taxing district has taxable
1943+property a preliminary budget statement, proposed square footage tax rates for
1944+property subject to the tax under section 18 of this Act, and the date, time, and
1945+location of the taxing district's public hearing on its property tax levy and square
1946+footage tax rates, which may be no earlier than September seventh. A taxing district
1947+that fails to provide the information required under this subsection on or before August
1948+tenth may not impose a property tax levy or square footage tax in a greater amount of
1949+dollars than was imposed by the taxing district in the prior year.
1950+2.By August thirty-first of each year the county treasurer shall provide a written notice to
1951+the owner of each parcel of taxable property subject to ad valorem taxation with a total
1952+estimated property tax of at least one hundred dollars and the owner of each parcel of
1953+taxable property subject to the square footage tax under section 18 of this Act . The
1954+text of the notice must contain the following information:
1955+a.For property subject to ad valorem taxation:
1956+(1)The date, time, and location of the public budget hearing for each of the
1957+taxing districts in which the property owner's parcel is located, which
1958+anticipate levying in excess of one hundred thousand dollars in the current
1959+year, and the location at which the taxing district's budget is available for
1960+review;.
1961+b.(2)The true and full value of the property based on the best information
1962+available;.
1963+c.(3)A column showing the actual property tax levy in dollars against the parcel
1964+by the taxing district that levied taxes against the parcel in the immediately
1965+preceding taxable year and a column showing the estimated property tax
1966+levy in dollars against the parcel by the taxing district levying tax in the
1967+taxable year for which the notice applies based on the preliminary budget
1968+statements of all taxing jurisdictions;.
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2001+d.(4)A column indicating the difference between the taxing district's total levy
2002+from the previous year and the taxing district's estimated levy with the word
2003+"INCREASE" printed in boldface type if the proposed tax levy is larger in
2004+dollars than the levy in dollars in the previous year;.
2005+e.(5)Information identifying the estimated property tax savings that will be
2006+provided pursuant to section 57-20-07.1 based on the best information
2007+available;.
2008+b.For property subject to the square footage tax under section 18 of this Act:
2009+(1)The date, time, and location of the public budget and square footage tax
2010+rate hearing for each of the taxing districts in which the property owner's
2011+parcel is located and the location at which the taxing district's budget is
2012+available for review.
2013+(2)The preliminary land square footage and structure square footage tax rates
2014+for residential property under section 18 of this Act.
2015+(3)The total land square footage and structure square footage for each parcel
2016+of land.
2017+(4)Beginning in taxable year 2027:
2018+(a)A column showing the actual land square footage and structure
2019+square footage tax rates to be applied against the square footage of
2020+the parcel by the taxing district that levied taxes against the parcel in
2021+the immediately preceding taxable year and a column showing the
2022+proposed land square footage and structure square footage tax rates
2023+to be applied against the square footage of the parcel by the taxing
2024+district levying tax in the taxable year for which the notice applies.
2025+(b)A column indicating the difference between the taxing district's actual
2026+land square footage and structure square footage tax rates in the
2027+previous year and the taxing district's proposed land square footage
2028+and structure square footage tax rates with the word "INCREASE"
2029+printed in boldface type if the proposed square footage rate is larger
2030+than the actual square footage rate in the previous year.
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2061+30 Sixty-ninth
2062+Legislative Assembly
2063+f.c.A statement that there will be an opportunity for citizens to present oral or written
2064+comments regarding each taxing district's property tax levy; and proposed square
2065+footage tax rates.
2066+g.d.The actual amount of the special assessment installment payable against the
2067+parcel in the immediately preceding taxable year.
2068+3.Delivery of written notice under this section must be by personal delivery to the
2069+property owner, mail addressed to the property owner at the property owner's
2070+last-known address, or electronic mail to the property owner directed with verification
2071+of receipt to an electronic mail address at which the property owner has consented to
2072+receive notice. If a parcel of taxable property is owned by more than one owner, notice
2073+must be sent to only one owner of the property. Failure of an owner to receive a notice
2074+under this section will not relieve the owner of ad valorem property tax or square
2075+footage tax liability or modify the qualifying date under section 57-20-09 for which an
2076+owner may receive a discount for early payment of tax.
2077+4.The tax commissioner shall prescribe suitable forms for written notices under this
2078+section.
2079+5.The direct cost of providing taxpayer notices under this section may be allocated in a
2080+manner proportionate to the number of notices mailed on behalf of each taxing district
2081+that intends to levy in excess of one hundred thousand dollars in property taxes in the
2082+current yearunder this section.
2083+SECTION 29. A new section to chapter 57-15 of the North Dakota Century Code is created
2084+and enacted as follows:
2085+Application of mill levy limitation and levy authority provisions.
2086+Provisions of this chapter which provide mill levy limitations or mill levy authority calculated
2087+as a specific number of mills of taxable valuation of property in a taxing district are applicable to
2088+ad valorem tax levies and do not apply to the square footage tax levied by the governing board
2089+of a taxing district pursuant to section 18 of this Act.
2090+SECTION 30. AMENDMENT. Section 57-15-05 of the North Dakota Century Code is
2091+amended and reenacted as follows:
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2121+29 Sixty-ninth
2122+Legislative Assembly
2123+57-15-05. County tax levy.
2124+1.The board of county commissioners, in levying county taxes, including square footage
2125+taxes levied by the board of county commissioners under section 18 of this Act and
2126+ad valorem taxes, is limited to the amount necessary to meet the appropriations
2127+included in the county budget for the ensuing fiscal year, and to provide a reserve fund
2128+as limited in this chapter, together with a tax sufficient in amount to pay the interest on
2129+the bonded debt of the county and to provide a sinking fund to pay the principal at
2130+maturity.
2131+2.The county budget shall show the complete expenditure program of the county for the
2132+ensuing fiscal year and the sources of revenue from which it is to be financed.
2133+SECTION 31. AMENDMENT. Section 57-15-07 of the North Dakota Century Code is
2134+amended and reenacted as follows:
2135+57-15-07. City tax levies.
2136+The governing body, in levying city taxes, including square footage taxes levied by the
2137+governing body under section 18 of this Act and ad valorem taxes, is limited by the amount
2138+necessary to meet the appropriations included in the city budget for the ensuing fiscal year and
2139+to provide a reserve fund as limited in this chapter, together with a tax sufficient in amount to
2140+pay the interest on the bonded debt of the municipality, and to provide a sinking fund to pay the
2141+principal at maturity.
2142+SECTION 32. AMENDMENT. Section 57-15-11 of the North Dakota Century Code is
2143+amended and reenacted as follows:
2144+57-15-11. Park district tax levies.
2145+The board of park commissioners, in levying park district taxes, including square footage
2146+taxes levied by the governing body under section 18 of this Act and ad valorem taxes, is limited
2147+by the amount necessary to meet the appropriations included in the park district budget for the
2148+ensuing fiscal year, and to provide a reserve fund as limited in this chapter, together with a tax
2149+sufficient in amount to pay the interest on the bonded debt of the municipality and to provide a
2150+sinking fund to pay the principal at maturity.
2151+SECTION 33. AMENDMENT. Section 57-15-13 of the North Dakota Century Code is
2152+amended and reenacted as follows:
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2183+30 Sixty-ninth
2184+Legislative Assembly
2185+57-15-13. School district tax levies.
2186+1.School district taxes must be levied by the governing body of each school district on or
2187+before the tenth day of August of each year.
2188+2.The governing body of the school district may increase or decrease its tax levy and
2189+budget for the current fiscal year on or before the tenth day of October of each year
2190+but the certification must be filed with the county auditor within the time limitations
2191+under section 57-15-31.1.
2192+3.Taxes for school district purposes must be based upon an itemized budget statement
2193+which must show the complete expenditure program of the district for the current fiscal
2194+year and the sources of the revenue from which it is to be financed.
2195+4.The school board of each public school district, in levying taxes, including square
2196+footage taxes levied by the school board under section 18 of this Act and ad valorem
2197+taxes, is limited by the amount necessary to be raised for the purpose of meeting the
2198+appropriations included in the school budget of the current fiscal year, and the sum
2199+necessary to be provided as an interim fund, together with a tax sufficient in amount to
2200+pay the interest on the bonded debt of the district and to provide a sinking fund to pay
2201+and discharge the principal thereof at maturity.
2202+SECTION 34. AMENDMENT. Section 57-15-31 of the North Dakota Century Code is
2203+amended and reenacted as follows:
2204+57-15-31. Determination of ad valorem property tax levy.
2205+1.The amount of ad valorem property taxes to be levied by any county, city, township,
2206+school district, park district, or other municipality authorized to levy taxes must be
2207+computed by deducting from the amount of estimated expenditures for the current
2208+fiscal year as finally determined, plus the required reserve fund determined upon by
2209+the governing board from the past experience of the taxing district, the total of the
2210+following items:
2211+a.The available surplus consisting of the free and unencumbered cash balance;
2212+b.Estimated revenues from sources other than direct ad valorem property taxes,
2213+including the amount of square footage taxes levied under section 18 of this Act ;
2214+c.The total estimated collections from tax levies for previous years;
2215+d.Expenditures that must be made from bond sources;
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2248+Legislative Assembly
2249+e.The amount of distributions received from an economic growth increment pool
2250+under section 57-15-61; and
2251+f.The estimated amount to be received from payments in lieu of taxes on a project
2252+under section 40-57.1-03.
2253+2.Allowance may be made for a permanent delinquency or loss in tax collection not to
2254+exceed five percent of the amount of the levy.
2255+SECTION 35. AMENDMENT. Section 57-15-31.1 of the North Dakota Century Code is
2256+amended and reenacted as follows:
2257+57-15-31.1. Deadline date for amending budgets and certifying taxes.
2258+1.No taxing district may certify any taxes, including ad valorem tax and square footage
2259+tax levied under section 18 of this Act, or amend its current budget and no county
2260+auditor may accept a certification of taxes, including ad valorem tax and square
2261+footage tax levied under section 18 of this Act, or amended budget after the tenth day
2262+of October of each year if such certification or amendment results in a change in the
2263+amount of tax levied.
2264+2.The current budget, except for property taxes and square footage tax under section 18
2265+of this Act, may be amended during the year for any revenues and appropriations not
2266+anticipated at the time the budget was prepared.
2267+SECTION 36. AMENDMENT. Section 57-20-01 of the North Dakota Century Code is
2268+amended and reenacted as follows:
2269+57-20-01. Real and personal property taxes - When due and delinquent - Penalties.
2270+1.All real andproperty taxes, including ad valorem taxes and square footage taxes levied
2271+under section 18 of this Act, all personal property taxes, and yearly installments of
2272+special assessment taxes become due on the first day of January following the year
2273+for which the taxes were levied.
2274+2.The first installment of real estate taxes, including ad valorem taxes and square
2275+footage taxes levied under section 18 of this Act, all personal property taxes, and
2276+yearly installments of special taxes become delinquent after the first day of March
2277+following and, if not paid on or before said date, are subject to a penalty of three
2278+percent, and on May first following an additional penalty of three percent, and on July
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2310+Legislative Assembly
2311+first following an additional three percent, and an additional penalty of three percent on
2312+October fifteenth following.
2313+3.From and after January first of the year following the year in which the taxes become
2314+due and payable, simple interest at the rate of twelve percent per annum upon the
2315+principal of the unpaid taxes on personal property must be charged until the taxes and
2316+penalties are paid, with the interest charges to be prorated to the nearest full month for
2317+a fractional year of delinquency.
2318+4.The second installment of real estate taxes, including ad valorem taxes and square
2319+footage taxes levied under section 18 of this Act, becomes delinquent after October
2320+fifteenth, and, if not paid on or before that date becomes subject to a penalty of six
2321+percent.
2322+SECTION 37. AMENDMENT. Section 57-20-01.1 of the North Dakota Century Code is
2323+amended and reenacted as follows:
2324+57-20-01.1. Extension of due date for property taxes when county treasurer's office is
2325+closed.
2326+When the due date for full or installment payment of any property taxes, including
2327+ad valorem taxes and square footage taxes levied under section 18 of this Act, or special
2328+assessments falls on a day on which the county treasurer's office is not open for business, the
2329+payment may be made on the first day following on which the office is open without penalty or
2330+loss of discount.
2331+SECTION 38. AMENDMENT. Section 57-20-02 of the North Dakota Century Code is
2332+amended and reenacted as follows:
2333+57-20-02. Tax list made out by county auditor.
2334+1.As soon as practicable after the taxes, including ad valorem taxes and square footage
2335+taxes levied under section 18 o f this Act, are levied, and after the levies of the several
2336+taxing districts within the county have been certified, the county auditor shall make out
2337+the tax lists according to the prescribed form to correspond with the assessment
2338+districts of the county.
2339+2.The ad valorem tax percentage rate necessary to raise the required amount of the
2340+various taxes must be calculated on the taxable valuation of property after equalization
2341+by the state board of equalization, but no ad valorem tax rate may be used which
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2373+31 Sixty-ninth
2374+Legislative Assembly
2375+results in any fraction of less than one-half of one-tenth of a mill, and in extending any
2376+tax, it, whenever it amounts to the fractional part of a cent, must be made one cent.
2377+SECTION 39. AMENDMENT. Section 57-20-03 of the North Dakota Century Code is
2378+amended and reenacted as follows:
2379+57-20-03. Form of tax list.
2380+1.The tax list must be made out to correspond with the assessment books with respect
2381+to ownership and description of property, with columns for the valuation, square
2382+footage, and for the various items of tax included in the total amount of all taxes set
2383+down opposite such description of property.
2384+2.The amounts of special taxes must be entered in appropriate columns, but the general
2385+taxes and square footage taxes, if appropriate, may be shown by entering the rate of
2386+each tax at the head of the proper column without extending the same, in which case
2387+a schedule of the rates of such taxes must be made on the first page of each tax list.
2388+3.The tax lists also must show, in a separate column, the years for which a tax lien has
2389+been foreclosed upon any piece or parcel, if the same has not been redeemed or
2390+deeded for such taxes.
2391+SECTION 40. AMENDMENT. Section 57-20-04 of the North Dakota Century Code is
2392+amended and reenacted as follows:
2393+57-20-04. Abstract of tax list to be sent to tax commissioner - Reports.
2394+1.The county auditor, on or before December thirty-first following the levy of the taxes,
2395+shall prepare and transmit to the tax commissioner a complete abstract of the tax list
2396+of the auditor's county.
2397+2.In addition to the tax list required in subsection 1, the county auditor, on or before
2398+December thirty-first following the levy of the taxes, shall prepare and transmit to the
2399+tax commissioner a report providing, for property subject to ad valorem taxation, each
2400+taxing district's property valuation and property tax levy, for property subject to a
2401+square footage tax under section 18 of this Act, each taxing district's square footage,
2402+square footage tax rates, and square footage tax levy, and any other information the
2403+tax commissioner deems necessary to prepare the report required in subsection 3. For
2404+taxing districts with property in more than one county, information must be collected
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2435+30 Sixty-ninth
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2437+and transmitted by the county auditor of the county in which the main office of that
2438+taxing district is located.
2439+3.The tax commissioner shall compile information received from the county auditors in
2440+subsection 2 and prepare a statewide report of ad valorem property tax and square
2441+footage tax increase. The report must include the annual increase in ad valorem
2442+property taxes and square footage taxes levied by each taxing district of the state after
2443+adjusting for property that was not taxable in the preceding year and property that is
2444+no longer taxable which was taxable in the preceding year. The report must be
2445+provided to the legislative management by April first of each year.
2446+4.The tax commissioner shall prescribe the form and manner of providing the reports
2447+and certifications required under this section.
2448+5.On or before December 31, 2017, the county auditor shall provide a report to the tax
2449+commissioner providing the information identified in subsection 2 for the 2015 and
2450+2016 tax years.
2451+SECTION 41. AMENDMENT. Section 57-20-07.1 of the North Dakota Century Code is
2452+amended and reenacted as follows:
2453+57-20-07.1. County treasurer to mail real estate tax statement - Contents of statement.
2454+1.On or before December twenty-sixth of each year, the county treasurer shall mail aan
2455+ad valorem or square footage real estate tax statement to the owner of each parcel of
2456+real property at the owner's last-known address. The form of the ad valorem or square
2457+footage real estate tax statement to be used in every county must be prescribed and
2458+approved for use by the tax commissioner. The statement must be provided in a
2459+manner that allows the taxpayer to retain a printed record of the obligation for payment
2460+of ad valorem or square footage taxes and special assessments as provided in the
2461+statement. If a parcel of real property is owned by more than one individual, the county
2462+treasurer shall send only one statement to one of the owners of that property.
2463+Additional copies of the tax statement will be sent to the other owners upon their
2464+request and the furnishing of their names and addresses to the county treasurer. The
2465+tax statement must:
2466+a.For property subject to ad valorem tax:
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2499+(1)Include a dollar valuation of the true and full value as defined by law of the
2500+property and the total mill levy applicable.
2501+b.(2)Include, or be accompanied by a separate sheet, with three columns
2502+showing, for the taxable year to which the tax statement applies and the two
2503+immediately preceding taxable years, the property tax levy in dollars against
2504+the parcel by the county and school district and any city or township that
2505+levied taxes against the parcel.
2506+c.(3)Provide information identifying the property tax savings provided by the
2507+state of North Dakota. The tax statement must include a line item that is
2508+entitled "legislative tax relief" and identifies the dollar amount of property tax
2509+savings realized by the taxpayer under chapter 50-34 for taxable years
2510+before 2019, chapter 50-35 for taxable years after 2018, and chapter
2511+15.1-27.
2512+(1)(a)For purposes of this subdivision, legislative tax relief under chapter
2513+15.1-27 is determined by multiplying the taxable value for the taxable
2514+year for each parcel shown on the tax statement by the number of
2515+mills of mill levy reduction grant under chapter 57-64 for the 2012
2516+taxable year plus the number of mills determined by subtracting from
2517+the 2012 taxable year mill rate of the school district in which the parcel
2518+is located the lesser of:
2519+(a)[1]Fifty mills; or
2520+(b)[2]The 2012 taxable year mill rate of the school district minus sixty
2521+mills.
2522+(2)(b)Legislative tax relief under chapter 50-35 is determined by multiplying
2523+the taxable value for the taxable year for each parcel shown on the
2524+tax statement by the number of mills of relief determined by dividing
2525+the amount calculated in subsection 1 of section 50-35-03 for a
2526+human service zone by the taxable value of taxable property in the
2527+zone for the taxable year.
2528+b.For property subject to the square footage tax under section 18 of this Act:
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2560+Legislative Assembly
2561+(1)Include the total land square footage and structure square footage for the
2562+parcel of land and the the land square footage and structure square footage
2563+tax rates applicable to the parcel of land.
2564+(2)For taxable year 2027, include, or be accompanied by a separate sheet,
2565+with two columns showing, for the taxable year to which the tax statement
2566+applies and the immediately preceding taxable year, the square footage tax
2567+levy in dollars against the parcel by the county and school district and any
2568+city or township that levied taxes against the parcel.
2569+(3)For taxable years after 2027, include, or be accompanied by a separate
2570+sheet, with three columns showing, for the taxable year to which the tax
2571+statement applies and the two immediately preceding taxable years, the
2572+square footage tax levy in dollars against the parcel by the county and
2573+school district and any city or township that levied taxes against the parcel.
2574+2.Failure of an owner to receive a statement will not relieve that owner of liability, nor
2575+extend the discount privilege past the February fifteenth deadline.
2576+SECTION 42. AMENDMENT. Section 57-20-09 of the North Dakota Century Code is
2577+amended and reenacted as follows:
2578+57-20-09. Discount for early payment of tax.
2579+1.Except as provided in section 57-20-21.1, the county treasurer shall allow a five
2580+percent discount to all taxpayers who shall pay all of the ad valorem or square footage
2581+real estate taxes levied on any tract or parcel of real property in any one year in full on
2582+or before February fifteenth prior to the date of delinquency. Such
2583+2.The discount applies to all general real estate taxes, including ad valorem taxes and
2584+square footage taxes levied under section 18 of this Act, levied for state, county, city,
2585+township, school district, fire district, park district, and any other taxing districts but
2586+does not apply to personal property taxes or special assessment installments.
2587+3.Whenever the board of county commissioners, by resolution, determines that an
2588+emergency exists in the county by virtue of weather or other catastrophe, it may
2589+extend the discount period for an additional thirty days.
2590+SECTION 43. AMENDMENT. Section 57-20-10 of the North Dakota Century Code is
2591+amended and reenacted as follows:
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2623+31 Sixty-ninth
2624+Legislative Assembly
2625+57-20-10. Installment payments of real estate tax.
2626+RealAd valorem and square footage real estate taxes, either current or delinquent, may be
2627+paid in installments of not less than ten percent of the amount of the tax, plus penalty and
2628+interest if any, but each such installment in no event may be less than ten dollars. Credit must
2629+be given on the tax records for the installment payments so made, and penalty and interest
2630+must be computed only upon the balance of the tax remaining unpaid.
2631+SECTION 44. AMENDMENT. Section 57-20-21.1 of the North Dakota Century Code is
2632+amended and reenacted as follows:
2633+57-20-21.1. Priority for delinquent taxes.
2634+1.When payment is made for any real or personal property taxes, including ad valorem
2635+taxes and square footage taxes levied under section 18 of this Act, or special
2636+assessments, payments must be applied first to the oldest unpaid delinquent taxes or
2637+special assessments due, if any, shown to exist upon the property for which the tax
2638+payments are made, including any penalty and interest.
2639+2.The discounts applicable to payment of taxes set out in section 57-20-09 do not apply
2640+to payment of taxes made on property upon which tax payments are delinquent.
2641+SECTION 45. AMENDMENT. Subdivision a of subsection 1 of section 57-23-04 of the North
2642+Dakota Century Code is amended and reenacted as follows:
2643+a.When an error has been made in any identifying entry or description of the
2644+property, in entering the valuation or square footage thereof, or in the extension
2645+of the tax, to the injury of the complainant.
2646+SECTION 46. AMENDMENT. Section 57-23-06 of the North Dakota Century Code is
2647+amended and reenacted as follows:
2648+57-23-06. Hearing on application.
2649+1.Within ten days after receiving an application for abatement, the city auditor or the
2650+township clerk shall give the applicant a notice of a hearing to be held before the
2651+governing body of the city or township, or such other committee as it may designate, in
2652+which the assessed property is located. Said hearing must be set for no more than
2653+sixty days after the date of the notice of hearing, and in any event, must be held
2654+before the recommendations provided for in subsection 2 are made. The applicant
2655+may waive, in writing, the hearing before such governing body or designated
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2687+31 Sixty-ninth
2688+Legislative Assembly
2689+committee at any time before the hearing. Any recommendations provided for in
2690+subsection 2 must be transmitted to the county auditor no more than thirty days after
2691+the date set for the hearing. The provisions of this subsection do not apply to
2692+applications for abatement pursuant to section 57-02-08.2.
2693+2.At the next regular meeting of the board of county commissioners following the filing of
2694+an application for abatement or, if forthcoming, at the next regular meeting of the
2695+board of county commissioners following transmittal of the recommendations of the
2696+governing body of the municipality, the applicant may appear, in person or by a
2697+representative or attorney, and may present such evidence as may bear on the
2698+application. The applicant shall furnish any additional information or evidence
2699+requested by the board of county commissioners. The recommendations of the
2700+governing body of the municipality in which such assessed property is located must be
2701+endorsed upon or attached to every application for an abatement or refund, and the
2702+board of county commissioners shall give consideration to such recommendations.
2703+The board of county commissioners, by a majority vote, either shall approve or reject
2704+the application, in whole or in part. If rejected, in whole or in part, a written explanation
2705+of the rationale for the decision, signed by the chairman of the board, must be
2706+attached to the application, and a copy thereof must be mailed by the county auditor to
2707+the applicant at the post-office address specified in the application.
2708+3.At a hearing before the board of county commissioners on an application for
2709+abatement, the applicant or the applicant's representative or attorney is limited to the
2710+relief claimed in the application for abatement submitted to the board of county
2711+commissioners. The applicant or applicant's representative or attorney may not submit
2712+evidence during a hearing on an application for abatement suggesting a lower
2713+valuation, a lower square footage determination, a lower square footage tax rate, a
2714+lower tax levy, or a different taxable status than was requested in the application for
2715+abatement submitted to the board of county commissioners.
2716+SECTION 47. AMENDMENT. Subsection 2 of section 57-28-03 of the North Dakota
2717+Century Code is amended and reenacted as follows:
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2748+Legislative Assembly
2749+2.The amount of delinquent ad valorem property taxes, square footage taxes levied
2750+under section 18 of this Act, and special assessments, with penalties, interest, and
2751+foreclosure costs, for the tax year foreclosed.
2752+SECTION 48. AMENDMENT. Subdivision c of subsection 1 of section 57-28-20 of the North
2753+Dakota Century Code is amended and reenacted as follows:
2754+c.Sold for less than the total amount of the taxes due, the treasurer shall write tax
2755+receipts beginning with the earliest year and for as many subsequent years as
2756+the proceeds realized from the sale will satisfy, and the remainder of any unpaid
2757+general taxes, including ad valorem taxes and square footage taxes levied under
2758+section 18 of this Act, or special assessments must be canceled by the board of
2759+county commissioners.
2760+SECTION 49. AMENDMENT. Section 57-28-26 of the North Dakota Century Code is
2761+amended and reenacted as follows:
2762+57-28-26. Disposition of rental revenue.
2763+1.All the net revenue from leases of property under this chapter and all federal payments
2764+for property acquired by the county by tax deed must be paid into the county treasury.
2765+2.On or before January tenth in each year, the county treasurer shall apportion these
2766+amounts received in the previous calendar year to the county, city, school district,
2767+township, or other taxing districts in which the property is located in the proportion that
2768+the previous year's general fund and square footage tax levy in the taxing district
2769+bears to the total of general fund and square footage tax levies of all taxing districts in
2770+which the property is located.
2771+SECTION 50. AMENDMENT. Section 57-55-01.2 of the North Dakota Century Code is
2772+amended and reenacted as follows:
2773+57-55-01.2. Statements of full consideration and square footage to be filed with
2774+application for title to mobile homes - Sales ratio study - Penalty.
2775+1.Any person who has purchased a mobile home and is applying for a title under section
2776+39-18-03 shall present, with the application, a certified statement of the full
2777+consideration paid for the mobile home and the square footage of the mobile home.
2778+2.The director of the department of transportation may not issue a certificate of title to
2779+the mobile home until the certified statement is received. The director of the
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2811+31 Sixty-ninth
2812+Legislative Assembly
2813+department of transportation shall accumulate and at least monthly forward to the
2814+state board of equalization a report containing the information filed in the director's
2815+office pursuant to this section.
2816+3.The state board of equalization shall prescribe the necessary forms for the statements
2817+and reports to be used in carrying out the purposes of this section, and the forms must
2818+contain a space for the explanation of special circumstances which may have
2819+contributed to the amount of the consideration or square footage. The state board of
2820+equalization shall furnish this information to the state tax commissioner who shall
2821+conduct a sales ratio study to determine the proper assessment values of mobile
2822+homes under this chapter.
2823+4.Any person who, in the statement provided for in this section, willfully falsifies the
2824+consideration paid for or square footage of the transferred mobile home is guilty of a
2825+class B misdemeanor.
2826+SECTION 51. AMENDMENT. Section 57-55-04 of the North Dakota Century Code is
2827+amended and reenacted as follows:
2828+57-55-04. Taxes - How determined - Disbursement.
2829+1.The director of tax equalization shall determine the tax for each mobile home by
2830+placing an evaluation ondetermining the square footage of the mobile home based
2831+upon its assessed value and by adjusting the valuation of the mobile home by the
2832+percentage provided in section 57-02-27 to determine its taxable valuation under
2833+standards and guides determined by the state tax commissioner and applying that
2834+evaluationthe square footage to the preceding year's total mill levies
2835+applyingresidential structure square footage tax rates determined under section 18 of
2836+this Act which apply to property within the taxing district in which the mobile home is
2837+located. The director of tax equalization may refer to the statement required under
2838+section 57 - 55 - 01.2 to determine the square footage of the mobile home.
2839+2.The county treasurer shall provide a tax statement for each mobile home subject to
2840+taxation under this chapter, including.
2841+a.For taxable year 2028, the tax statement must include two columns showing, for
2842+the taxable year to which the tax statement applies and the immediately
2843+preceding taxable year, the square footage tax levy in dollars against the mobile
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2875+31 Sixty-ninth
2876+Legislative Assembly
2877+home by the county and school district and any city or township that levied taxes
2878+against the mobile home.
2879+b.For taxable years after 2028, the tax statement must include three columns
2880+showing, for the taxable year to which the tax statement applies and the two
2881+immediately preceding taxable years, the propertysquare footage tax levy in
2882+dollars against the mobile home by the county and school district and any city or
2883+township that levied taxes against the mobile home.
2884+3.If a mobile home is acquired or moved into this state during the calendar year and a
2885+tax permit has not been previously issued for such mobile home in this state for such
2886+year, the tax is determined by computing the remaining number of months of the
2887+current year to the nearest full month and multiplying that number by one-twelfth of the
2888+amount which would be due for the full year.
2889+4.The taxes collected under this chapter must be disbursed in the same year they are
2890+collected and in the same manner as real estatesquare footage taxes for the
2891+preceding year are disbursed.
2892+SECTION 52. AMENDMENT. Section 57-55-04.1 of the North Dakota Century Code is
2893+amended and reenacted as follows:
2894+57-55-04.1. Procedure for abatement, refund, or compromise of tax.
2895+1.Any person having any estate, right, title, or interest in or lien upon any mobile home
2896+which has been assessed for taxation purposes pursuant to this chapter may apply for
2897+abatement, refund, or compromise, as the case may be, pursuant to chapter 57-23.
2898+2.The application must be made in writing on the form prescribed by the tax
2899+commissioner and must be filed in triplicate with the county auditor of the county
2900+where the mobile home was assessed.
2901+3.The county auditor shall promptly serve the county director of tax equalization with one
2902+copy of the application.
2903+4.The abatement or compromise must be granted by the county commissioners if the
2904+facts upon which the application is based establish that the assessment contains error,
2905+or that the value placed uponsquare footage determination of the mobile home by the
2906+county director of tax equalization was excessive, or that the mobile home is exempt
2907+from taxation pursuant to section 57-55-10.
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2939+31 Sixty-ninth
2940+Legislative Assembly
2941+5.The decision of the county commissioners may be appealed in the manner provided
2942+by law.
2943+SECTION 53. AMENDMENT. Section 57-55-05 of the North Dakota Century Code is
2944+amended and reenacted as follows:
2945+57-55-05. Taxes in lieu of other property taxes.
2946+The taxes provided for in this chapter are in lieu of all property taxes, including ad valorem
2947+taxes and square footage taxes levied under section 18 of this Act, upon such mobile homes for
2948+the calendar year for which the tax permit is valid. However, such taxes may in no way be
2949+construed as exempting any mobile home owner from the requirements of registering such
2950+mobile home with the director of the department of transportation or securing license plates
2951+entitling such mobile home to be hauled upon the state's highways pursuant to section
2952+39-18-03.
2953+SECTION 54. AMENDMENT. Section 61-24-09 of the North Dakota Century Code is
2954+amended and reenacted as follows:
2955+61-24-09. District budget - Determination of amount to be levied - Adoption of levy -
2956+Limitation.
2957+1.In July of each year, the board of directors shall estimate and itemize all the expenses
2958+and obligations of the district, including expenses of directors, expenses of operating
2959+the office, debt service and retirement, and obligations and liabilities to the United
2960+States for which provision must be made.
2961+2.The board of directors may include in such budget funds deemed necessary to create
2962+reserve funds to meet future payments under district contracts.
2963+3.Upon the completion and adoption of such budget, the board of directors shall make a
2964+tax levy, including ad valorem taxes and square footage taxes under section 18 of this
2965+Act, in an amount sufficient to meet such budget. Such
2966+4.The levy shall be in the form of a resolution, adopted by a majority vote of the
2967+members of the board of directors of the district. Such
2968+5.The resolution shallmust include an ad valorem levy in mills, but not exceeding one
2969+mill, and a square footage tax levy sufficient to meet all the expenses, obligations, and
2970+liabilities of the district as provided in the budget.
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3001+30 Sixty-ninth
3002+Legislative Assembly
3003+SECTION 55. REPEAL. Subsection 35 of section 57-02-08 of the North Dakota Century
3004+Code is repealed.
3005+SECTION 56. EFFECTIVE DATE. Sections 1 through 5, 7 through 12, 14 through 49, and
3006+54 and 55 of this Act are effective for taxable years beginning after December 31, 2025.
3007+Section 6 of this Act is effective July 1, 2026. Sections 51, 52, and 53 of this Act are effective for
3008+taxable years beginning after December 31, 2026.
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