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<br />
<br />40-51.2-04
<br />
<br />MUNICIPAL GOVERNMENT
<br />
<br />annexation review commission and then, if
<br />petitioned by the landowners, adopting an
<br />ordinance to annex the same land. Frey v.
<br />City of Jamestown, 548 N.W.2d 784 (N.D.
<br />1996).
<br />
<br />Construction with Other Laws.
<br />The two methods of annexation provided by
<br />
<br />tbis section and section 40-51.2-07 are sepa-
<br />rate and distinct; the first in time has priority
<br />until it is terminated. Frey v. City of
<br />Jamestown, 548 N.W.2d 784 (N.D. 1996).
<br />
<br />ANNEXATION AND E:
<br />
<br />Source: S.L. 1969, ch. 381, ~ 5; 1977, c~
<br />375 ~ 9' 1985 ch. 235, ~ 90; 1987, Ch. 50.
<br />~ 1; 1997, ch. 357, ~ 3; 1999,ch. 50,~ 58.
<br />
<br />Effective Date. .
<br />The 1999 amendment of this section 1
<br />section 58 of chapter 50, S.L. 1999 becan
<br />effective August 1, 1999. . .
<br />The 1997 amendment of tbis section 1
<br />section 3 of chapter 357, S.L. 1997 beclUl
<br />effective AugUst 1, 1997.
<br />
<br />40-51.2-04. Exclusion by petition of owners and electors. Upon a
<br />petition signed by not less than three-fourths of the qualified electors and by
<br />the owners of'not less than three-fourths in assessed value of the property
<br />in any territory Within the limits of an incorporated municipality' and
<br />contiguous or adjacent to such limits, the governing body ofthe municipal-
<br />ity, by ordinance, may in its discretion, disconnect and exclude such
<br />territory from the municipality. This section, however, applies only to lands
<br />that have not been platted under either sections 40-50.1-01 through
<br />40-50.1-17 or section 57-02-39, and where no municipal improvementshave
<br />been made or constructed therein or adjacent thereto. Further, in the event
<br />any property for which exclusion is petitioned has been within the limits of
<br />an incorporated municipality for more than ten years prior thereto and, as
<br />of the time of filing the petition, is not platted and has no municipal
<br />improvements thereon, the governing body of the municipality may discon-
<br />nect and exclude such territory by ordinance from the municipality.
<br />
<br />40-51.2-06. Petition ?f own
<br />exclusion -- ClassUfica~lon of,
<br />purposes. If the governmg bod.
<br />ordinance. When a. copy of the ,
<br />annexed area, certified by the e::8
<br />recorded with the county recorde
<br />annexation is effective for the pur
<br />first day of the next February. Hov
<br />agriculturallan~s for tax purpo~eE
<br />classified as agnculturallands un
<br />ings until those lands are put
<br />determines to exclude the area I
<br />adopted and recorded as in the Cl:
<br />
<br />Source: S.L. 1969, ch. 381, ~ 6; 1971:-
<br />420, ~ 1; 1973, ch. 337, ~ 1; 1975, ch. .:
<br />~1; 1997,ch. 357,~ 4;2001,ch. 120, ~ J
<br />
<br />Effective Date. .'
<br />The 1997 amendment of this sectIon
<br />
<br />Source: S.L. 1969, ch. 381, ~ 4; 1971, ch.
<br />419, ~ 1; 1987, ch. 501, ~ 19.
<br />
<br />40-51.2-05. Notice -- Petition of owners and electors -- Media-
<br />tion.
<br />1. The governing body may not take final action on a petition presented
<br />by owners and qualified electors until the petitioners have given
<br />notice of presentation of the petition by one publication in the official
<br />newspaper of the city as provided by section 40-01,.09 and the
<br />governing body h.as mailed a notice Of the time and place of consid-
<br />eration of the petition to the owner of each parcel of real property
<br />within the area described in the petition at the person's last-known
<br />mailing address. The notice is not required to be sent to any owner of
<br />real property who signed a petition pursuant to section 40-51.2-03 or
<br />40-51.2-04. If the land area petitioned to be annexed to the city lies
<br />within the extraterritorial zoning or subdivision regulation authority
<br />of another city, the governing body of the city must also mail the
<br />notice of the time and place of consideration of the petition to the
<br />~governing body of the other city.
<br />2. If the land area petitioned to be annexed to the city lies within the
<br />, extraterritorial zoning or subdivision regulation authority of another
<br />;. city and written consent to annex the land area is not received from
<br />. the governing body of the other city, the annexing city may either
<br />stop its pursuit of the annexation or submit the matter to a
<br />committee for mediation as provided in section 40-51.2-07.1. If
<br />mediation does not resolve the matter, the office of administrative
<br />hearings may be petitioned to hear the matter in accordance with
<br />sections 40-51.2-08, 40-51.2-09, 40-51.2-11, 40-51.2-12, 40-51.2-13,
<br />40-51.2-14, 40~51.2-15, 40-51.2-16, and 40-51.2-17.
<br />
<br />40-51.2-07. AnnexatioI,1 by
<br />any city may adopt a resolutIOn t<
<br />
<br />follows:
<br />1. The governing body of the
<br />property to be annexed.
<br />2. The governing bodydofltb
<br />notice of the time an P ac
<br />determine the sufficiency
<br />posed annexation in the (
<br />consecutive weeks. The gc
<br />to the owner of ea<;h par
<br />annexed at the person's la
<br />inform landowners of the
<br />and the requirement th~
<br />. owners of any real prOf
<br />annexed within thirty da
<br />may file written pr.otests .
<br />proposed annexation. N.
<br />without the written conse
<br />control of the propert,Y. ~
<br />meeting after the explrai
<br />hear and determine the !
<br />3. In the absence ofprotesdtE
<br />of the territory propose
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<br />"~
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<br />170
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