|
<br />
<br />40-51.2-07.1
<br />
<br />MUNICIPAL GOVERNMENT
<br />
<br />of the resolution, the territory described in the resolution becomes a
<br />part of the city. When a copy of the resolution and an accurate map
<br />of the annexed area, certified by the executive officer of the city, are
<br />filed and recorded with the county recorder, the annexation becomes
<br />effective. Annexation is effective for the purpose of general taxation
<br />on and after the first day ofthe next February. However, the city shall
<br />continue to classifY as agricultural lands for tax purposes all lands in
<br />the annexed area which were classified as agricultural lands imme-
<br />diately before the annexation proceedings until those lands are put to
<br />another use.
<br />lfthe owners of one-fourth or more of the territory proposed to be annexed
<br />protest, or if a city that has extraterritorial zoning or subdivision regulation
<br />authority over the area petitioned to be annexed protests, the city may
<br />.either stop its pursuit of the annexation or submit the matter to a committee
<br />for mediation a.s provided insectiori40~51.2-07.1. '
<br />
<br />Source: S.L. 1969, ch. 381, g 7;1971, ch.
<br />420, g 2; 1971, ch. 421, g 1; 1973, ch. 337,
<br />g 2; 1975, ch. 386, g 2; 1987, ch. 502, g 2;
<br />1997, ch. 357, g 5;2001, ch. 120, g 1.
<br />
<br />rate and distinct; the first in time has priority
<br />until it is terminated. Frey v. City of
<br />Jamestown, 548 N.W2d 784 (N.D. 1996).
<br />
<br />Resolution Defeated.
<br />Nothing in this chapter precludes a munici-
<br />pality from defeating its annexation resolu-
<br />tion without submitting the matter to an
<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 Jamestowfr, 548 N.W2d 784 (N.D.
<br />1996).
<br />
<br />Effective Date.
<br />The 1997 amendment of this section by
<br />section 5 of chapter 357, S.L. 1997 became
<br />effective August 1, 1997.
<br />
<br />Construction with Other Laws.
<br />The two methods of annexation provided by
<br />section 40-51.2-03 and this section are sepa-
<br />
<br />
<br />40-51.2-07.1. Mediation. The mediation committee must be comprised
<br />of a person appointed by the governor, representatives of the petitioners
<br />under section 40-51.2-03 or the protesters under section 40-51.2-07, the
<br />involved cities, counties, and townships, and any other parties having an
<br />interest in the proposed annexation. The governor's appointee shall arrange
<br />! and preside over the meeting and act as mediator at the meeting. The
<br />I meeting may be continued until a resolution agreeable to all parties is
<br />1'1 reacJ:1ed ~r the mediator determines that continued mediation is no longer
<br />.~orthwhIle.
<br />
<br />Source: S.L. 1997, ch. 357, g 6. Effective Date.
<br />This section became effective August 1,
<br />1997.
<br />
<br />40-51.2-08. Petition to office of administrative hearings. If the
<br />governing body of a city involved in the dispute is. not satisfied with the
<br />result of the mediation, the governing body may petition the director of the
<br />office of administrative hearings to hear the matter. If the annexation was
<br />initiated under section 40-51.2-07, the petition must include an accurate
<br />map of the area sought to be annexed, a description of the area, and the
<br />reasons for the annexation.
<br />
<br />Source: S.L. 1969, ch. 381, g 8; 1997, ch. section 7 of chapter 357, S.L. 1997 became
<br />357, g 7. effective August 1, 1997.
<br />
<br />Effective Date.
<br />The 1997 amendment of this section by
<br />
<br />172
<br />
<br />ANNEXATION AN
<br />
<br />40-51.2-09. Administ~~ti~
<br />set. Upon receipt of a petItion,
<br />hearings shall appoil:t. 8?- adml
<br />the annexation was Imt~ated u
<br />law judge ~hall deter.mme wb
<br />complied Wlth all of~he proced'l
<br />If substantial compliance has 1
<br />under section 40-51.~-03, the
<br />time and place at whIch. the pe
<br />may not be less than thirty da
<br />
<br />Source: S.L. 1969, ch. 381, g 9; 19
<br />357, g 8.
<br />
<br />Effective Date.
<br />The 1997 amendment of-this sec'
<br />
<br />40-51.2-10. Annexation ~
<br />pealed by S.L. 1997, ch. 357, .
<br />
<br />40-51.2-11. Notice requi
<br />sets the time and place of heal
<br />the governing body o~ the anr
<br />1. Publish a notice. o~ ~h
<br />annexation was mItl~1
<br />week for two succeSSIV
<br />2. Mail a notice o~ ~~e
<br />annexation was mItla'
<br />each parcel of real pro]
<br />last-known mailing ad
<br />3. Serve a copy of fthhe TI
<br />governing body 0 t e (
<br />territory to be annexe
<br />4. Serve a copy ofthe not
<br />body of any other c~ty
<br />regulation authonty
<br />located.
<br />The hearing must be held ~o1
<br />ofthe notice. Proof of J?u,bhca
<br />be filed with the admmlstra
<br />
<br />Source: S.L. 1969, ch. 381, g 11
<br />502, g 3; 1997,ch. 357, g 9.
<br />
<br />Effective Date. .
<br />The 1997 amendment of this
<br />
<br />40-51.2-12. Administr
<br />hearing the administrative.
<br />the annexation and shall co
<br />and other material prepare~
<br />or planning or zoning co.mn
<br />who mediated the .IIl:eetm~f
<br />mation to the admimstratr'V
<br />proposed resolutio~s or rec
<br />sentatives of the mterestl
<br />
|