2. County Road 17/Horace - Laserfiche WebLink

As a political subdivision of the State of North Dakota, we have to be mindful of our legal duties, and we have strived to follow our legal and moral obligations to landowners under our jurisdiction. The citizens of Horace, North Dakota, are also residents of Cass County, North Dakota. The North Dakota Legislative Assembly has provided that municipal corporations have authority over platting of land within the city, and in the extra-territorial area established by law. The State of North Dakota has also limited the authority of county governments in certain subject areas. The County Engineer should not have relied upon regulations that legally had no application to the real property located in Horace, North Dakota. We cannot find any statutory language, or other legal authority, that would validate your conclusion as to authority over county highways within city limits. Each governmental body should be exercising authority consistent with the laws of the State of North Dakota, and it should be accomplished by mutual cooperation. We believe both governmental bodies have done so. The City of Horace pledges cooperation with Cass County, North Dakota, but we continue to look to Cass County Government to perform the duties and responsibilities associated with good county government. If there are ways that we can continue to work together, please contact us at any time. The City of Horace has no present plans to undertake the role assigned by the North Dakota Legislative Assembly to county governments - to construct, maintain, and operate an adequate and integrated system of roads. This is essential to the general welfare of the State of North Dakota, and its people. Should you seek to discuss the matter further, please advise me accordingly. We look forward to all cooperative endeavors which benefit the citizens ofCass County, where we also live. F: \Municipal\Horace\CityAttorneyLetters\RoadLetter. wpd 4