CHAPTER 24-05
COUNTY ROADS
24-05-01. County road tax - Allocation and use of funds. In each county having a
population of two thousand or more, there must be levied and collected a property tax of not less<br>than one-fourth of one mill, nor more than the maximum rate permitted by section 57-15-06, on<br>each dollar of the taxable valuation of all taxable property in the county for the improvement of<br>highways. When authorized by sixty percent of the qualified electors voting upon the question at<br>a regular or special election in the county, the county commissioners may levy and collect a<br>property tax not exceeding the limitation in subsection 14 of section 57-15-06.7.
The levy
pursuant to such an election may be discontinued at the discretion of the county commissioners;<br>or, upon petition of five percent of the qualified electors of such county, the question of<br>discontinuance of the levy must be submitted to the qualified electors of the county at any regular<br>or special election and, upon a favorable vote of sixty percent of the qualified electors voting,<br>such levy must be discontinued. Of the proceeds of the tax collected on account of property<br>situated within any city, by the county treasurer of the county in which the city is located, twenty<br>percent must be turned over by the treasurer to the auditor of the city, in the manner provided in<br>section 11-13-06 to be expended under the direction of the governing body of the city in the<br>improvement of its streets and highways. The county treasurer shall retain and deposit in a fund<br>known as the county road fund the proceeds of this tax totaling less than twenty dollars in a<br>taxable year which is collected on account of property situated within any city. Proceeds of the<br>tax not turned over to cities pursuant to this section must be kept in the county road fund and<br>must be expended in the improvement of highways as provided in this chapter under the<br>direction of the board of county commissioners.
The provisions of this section in regard to
allocation apply to the proceeds of any tax originally levied for other purposes if appropriated or<br>transferred to the county road fund or for expenditure for road and bridge purposes.
No
allocation pursuant to this section may include the proceeds received by the county as its share<br>of the allocation made pursuant to section 54-27-19, nor may any allocation under this section<br>include moneys received from the state as the result of any other intergovernmental transfer.
24-05-02. Fund - How expended. The county road fund created by section 24-05-01
may be expended only for road machinery and for grading, ditching, and surfacing, in proper<br>form and condition for public travel, such highways or parts of highways, howsoever established,<br>as constitute the principal thoroughfares of the county, communicating with shipping points and<br>marketplaces resorted to by inhabitants of the county, for which the means otherwise provided, in<br>the opinion of the board of county commissioners, are not sufficient.
24-05-03.
Payments made for completed work only.
The board of county
commissioners, in case of each improvement ordered by it, shall designate the place of<br>beginning and the direction in which the work must proceed, and shall require the same to be<br>completed mile [1.61 kilometers] by mile [1.61 kilometers] or in parts of miles [kilometers]<br>continuously, as ordered, and no payment may be made except for work so completed. It also<br>may require the supervision of the work by the county surveyor, so far as deemed necessary,<br>and shall require the county surveyor to compute and estimate the amount of completed work<br>and to certify the same to the county auditor at the end of each month, and all the work<br>contracted for must be completed prior to the first day of November next following.
The
provisions of this section and the orders and directions of the board made in pursuance thereof<br>must constitute a part of the provisions and conditions of every such contract, whether expressed<br>therein or not.
24-05-04.
Contracts to be advertised - Requirements for rental contracts.
Any
purchase of county road machinery and any rental contract or agreement for the use of road<br>machinery and other articles or any contract for highway improvement, except necessary repairs<br>for road machinery, which exceeds the sum of fifty thousand dollars must be advertised as<br>provided by law for the purchase of county supplies. The board of county commissioners may<br>not enter into a rental contract or agreement for the use of road machinery and other articles for a<br>longer period than twelve months from the date of the rental contract or agree to pay rental for<br>the use of road machinery and other articles which would result in the lessor receiving rental at a
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rate in excess of twenty percent per year of the cash sale price of the road machinery or other<br>articles, which cash sale price of the road machinery and other articles must be clearly set forth<br>in any rental contract for road machinery and other articles, and failure to include this data in any<br>rental contract for the use of road machinery and other articles renders the rental contract void,<br>and any payments made under the rental contract are recoverable from the county<br>commissioners making the contract, jointly and severally. Notwithstanding the provisions of this<br>section relating to the duration of rental contracts, the board of county commissioners may enter<br>into lease-purchase agreements under which the annual payments by the county do not exceed<br>twenty thousand dollars for the road machinery and articles covered by this section, if those<br>agreements provide for the complete performance and full payment of the purchase price of the<br>machinery or articles within five years from the date of the execution of the lease-purchase<br>agreement according to section 44-08-01.1.
24-05-04.1. County not to lease its equipment for less than cost of operation. No
county, city, or township may lease, rent, or enter into a contract or agreement for the use of any<br>road construction or maintenance equipment belonging to any county, city, or township on other<br>than county, city, or township roads or projects at a rate which is less than the current equipment<br>rental rates adopted by the North Dakota department of transportation as shown in its Standard<br>Specifications for Road and Bridge Construction manual.
24-05-05.
County auditor to issue warrants.
Upon the filing of the surveyor's
certificate as provided in section 24-05-03, the county auditor shall issue warrants accordingly on<br>the county treasurer in favor of the contractor, payable out of the county road fund appropriated<br>thereto, and the same must be paid by the treasurer.
24-05-06. Compensation of county surveyor. Repealed by S.L. 1953, ch. 115, § 2.
24-05-07. County may deviate from section lines - Condemn or purchase right of
way. Whenever the expense of constructing a highway or any part thereof is to be borne by the<br>county, the board of county commissioners thereof has the power to deviate from section and<br>township lines and to condemn and purchase right of way for such highway, if in its opinion the<br>cost of constructing and maintaining such highway must be decreased materially. The cost of<br>obtaining such right of way must be borne by the county.
24-05-08. Highways on state line. Whenever the board of county commissioners of
any county bordered by a state line deems it for the best interests of such county to open and<br>improve a highway on said state line, it may negotiate with the proper officials of the adjoining<br>county or state, and may make contracts or agreements pertaining to the opening up of such<br>state line and the construction of a highway thereon. If the board of county commissioners<br>deems it proper, it may agree with the officials of the adjoining county or state for the allotment of<br>the highway on said state line, and may assume the obligation of construction and maintenance<br>of certain parts of the said highway in return for the assumption of like obligations by the officials<br>of the adjoining county or state as to a like portion of the state line forming the boundary of the<br>said county.
24-05-09.
Purchase or condemnation of right of way.
The board of county
commissioners of any county of the state, by resolution or order, as part of the cost of<br>constructing,
reconstructing,
widening, altering, changing, locating, relocating, aligning,
realigning, or maintaining, any highway in said county, may purchase, acquire, take over, or,<br>subject to section 32-15-01, condemn, under the right and power of eminent domain, for such<br>county, any and all lands which it deems necessary for the present use, either temporary or<br>permanent, and to provide adequate drainage in the improvement, constructing, reconstructing,<br>widening, altering, changing, locating, relocating, aligning, realigning, or maintaining of any<br>highways in said county, and by the same means it may acquire said lands notwithstanding the<br>fact that the title thereto is vested in the state or any of its subdivisions. Whenever the board of<br>county commissioners determines, by resolution or order, that the public necessity requires the<br>taking of land as aforesaid, it shall cause said lands to be surveyed and described and a plat<br>thereof prepared and recorded in the office of the recorder of the county wherein the same is<br>located. The board of county commissioners, or its duly authorized agents and employees, may
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enter upon any land for the purpose of making such survey, examination, or test, but in case of<br>damages to the premises the board of county commissioners forthwith shall pay to the owner of<br>said premises the amount of such damages.
24-05-10.
Damages - How ascertained - Special board.
If the board of county
commissioners is unable to purchase the lands required for the purposes mentioned in section<br>24-05-09 at a price that the board determines reasonable, the board by order or resolution shall<br>declare the necessity for the taking of the lands.
The board of county commissioners shall
appoint a special board consisting of the county auditor or the county official responsible for the<br>duties of the auditor and two other officials of the county to fix the damages for the taking.
24-05-11. Hearing before special board - Notice. Within fifteen days after the making
of an order or the passing of a resolution as provided in section 24-05-10, the special board<br>therein specified shall fix a time and place not later than thirty days from and after the passage of<br>said order or resolution for hearing all persons or parties interested or aggrieved by such taking,<br>and it shall cause notice of said hearing to be served upon all parties interested either by<br>registered or certified mail or by publication thereof, once each week for two successive weeks<br>prior to the date of hearing, stating the time and place where the hearing must be held, together<br>with a description of the property to be appraised. Such published notice must be in lieu of all<br>other notices, and if notice is given by registered or certified mail, the same must be served not<br>less than ten days prior to the date of hearing. Personal service by copy of said notice may be<br>made in lieu of publication or service by mail when made at least ten days prior to the date of<br>hearing, such personal service to be made as a summons in district court is served. At the time<br>and place fixed for said hearing, the special board so organized shall proceed to fix the damages<br>to be paid by the county and any person interested may be heard.
24-05-12. Payment or deposit of damages - Receipt. When damages have been
awarded by the special board, the board of county commissioners shall pay or cause to be paid<br>to the clerk of the district court, for the benefit of the persons interested, the sum awarded by said<br>board, said amount to be paid in cash. Every owner entitled to such an award, before receiving<br>the same, shall execute a receipt, to be received by the clerk of said district court, containing a<br>description of the premises covered by said award and an acknowledgment of full and complete<br>satisfaction for all damages sustained. In case the owner fails or refuses to accept such award<br>and execute such receipt within ten days after being notified of the amount awarded to the<br>owner, the clerk of the court to whom said amount has been paid shall execute a receipt reciting<br>a deposit of such award and a description of the premises covered thereby.
24-05-13. Receipt for payment to be recorded if no appeal taken. If no appeal is
taken from an award made as provided in section 24-05-11, then at the expiration of thirty days<br>from the date of the deposit of the amount awarded, the receipt of the owner of said premises, or<br>of the clerk of the district court, must be recorded in the office of the recorder of the county in<br>which said real estate is situated, and the title of the land so taken thereupon must be vested in<br>the county so condemning the same.
24-05-14. Appeal - How taken - Jury trial. Any party aggrieved by the award made as
provided in section 24-05-11 shall have the remedy now provided by law for an appeal from any<br>determination of the board of county commissioners in the taking of lands by a county for<br>highway purposes. Appeal from such award must be taken without bond and by the service of a<br>notice of appeal on the board of county commissioners in the manner in which a summons in a<br>civil action is served. The issues involved in the appeal so taken must be tried and determined at<br>the next term of the district court. The damages must be assessed by a jury, unless a trial by<br>jury is waived, and no fees may be collected by the clerk of the district court for the filing of said<br>appeal.
24-05-15. Appeal does not stay proceedings. Notwithstanding the taking of an appeal
as provided for in section 24-05-14, the board of county commissioners may proceed with the<br>use of the property so condemned and is liable for any additional amount awarded to the<br>appellant upon such appeal.
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24-05-16.
County road system - Designation.
The county road system may not
exceed twenty-two thousand five hundred miles [36210.24 kilometers]. This system must remain<br>substantially unchanged until such system has been improved.
The county road system must be the roads designated and selected by the boards of
county commissioners.
The director must be informed of the system so designated.
Any
changes of the original designation which can be justified and based on new developments must<br>be made by the board of county commissioners and the director must be notified of such<br>changes. In designating and selecting roads on the county road system, the boards of county<br>commissioners of the several counties shall take into account such factors as the actual or<br>potential traffic volumes, the conservation and development of the county's natural resources, the<br>general economy of the communities, and the desirability of integrating such county roads into<br>the general scheme of the statewide network of county roads.
The original designation and selection of twenty-two thousand five hundred miles
[36210.24 kilometers] of the county road system as hereinabove provided must be allocated as<br>near as possible to the several counties of the state in the following proportions:
Percent of
County
Total 22,500
Adams
1.34
Barnes
2.56
Benson
1.97
Billings
0.62
Bottineau
2.55
Bowman
1.42
Burke
1.39
Burleigh
2.98
Cass
3.21
Cavalier
2.12
Dickey
1.96
Divide
1.94
Dunn
1.98
Eddy
1.03
Emmons
2.19
Foster
1.05
Golden Valley
0.80
Grand Forks
2.25
Grant
1.94
Griggs
1.09
Hettinger
1.63
Kidder
2.39
LaMoure
1.77
Logan
1.26
McHenry
2.84
McIntosh
1.65
McKenzie
1.64
McLean
3.22
Mercer
1.74
Morton
2.98
Mountrail
1.95
Nelson
1.37
Oliver
1.31
Pembina
1.46
Pierce
1.58
Ramsey
1.64
Ransom
1.81
Renville
1.37
Richland
2.39
Rolette
1.29
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Sargent
1.45
Sheridan
1.71
Sioux
0.74
Slope
1.41
Stark
1.83
Steele
1.30
Stutsman
3.63
Towner
1.70
Traill
1.66
Walsh
2.08
Ward
3.29
Wells
1.93
Williams
3.59
Total
100.00
When, in the opinion of the board of county commissioners, the finances of the county permit, the<br>county road system of such county may be extended beyond the limits herein fixed.
24-05-17.
Responsibility for county road system.
The boards of county
commissioners in their respective counties have the sole authority and responsibility to acquire<br>land for, construct, maintain, and operate the county road system as designated and selected by<br>them.
24-05-18. Counties may cooperate with department - Procedure. Whenever any
board of county commissioners of any county decides that any county road or roads in such<br>county must be improved or constructed in cooperation with the department, such board shall<br>make written application to the director for the improvement and construction thereof. If the<br>director approves such application, the director, in writing, shall notify the said board of such<br>approval, and at the same time shall submit to the said board an estimate of the cost of such<br>improvement, including the cost of engineering, the purchase or acquirement of right of way, and<br>all other expenses, and the share or portion thereof which such county shall bear. However, the<br>director may not require any county to pay for the cost or expense of acquiring right of way for<br>the state highway system. Whenever the board of county commissioners aforesaid shall elect to<br>proceed with such improvement, the said board shall adopt a resolution signifying such election<br>and in such resolution must set aside out of such funds as are or may become available the<br>amount necessary to pay the county's share of the cost of such improvement. Upon written<br>demand of the director, the board of county commissioners shall instruct and direct the county<br>auditor by resolution to draw a warrant or warrants on the county treasurer in favor of the<br>contractor, or of the department, for the county's share of such amount or amounts as may<br>become due during the progress of such improvement. The county shall also draw additional<br>warrants in favor of the department as may be necessary to reimburse it for the county's share of<br>the cost of engineering and the acquisition of right of way. Such warrants must be drawn by the<br>county treasurer upon the certificate of the director.
24-05-19. County bound to provide its share of cost. The election to proceed with an
improvement as provided in section 24-05-18 by the board of county commissioners constitutes<br>an agreement and contract with the director and the board of county commissioners shall provide<br>sufficient funds in accordance with law to defray its share of the cost of such improvement or<br>shall levy sufficient taxes therefor. Construction on such improvement must be commenced<br>within one year.
24-05-20.
County and township road grades and ditches to be back sloped -
Planting of grass - Plant pest control. All county and township roads shall be constructed with<br>back sloped grades and ditches. Such grades and ditches shall be sloped to a sufficient degree<br>to permit farm implements used for cutting and gathering hay to operate thereon, and such<br>grades and ditches shall be cleared of all stones or other obstructions that would hinder the<br>operation of such implements. Upon completion of such newly constructed or reconstructed<br>roads, the governing body having authority over such roads shall plant grass upon the back
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slopes of the grades and ditches. The grass or hay growing upon or within the right of way of<br>such roads may be cut for hay by any owner or tenant of lands adjoining the right of way.
1.
The governing body of a township or a county may control, or cause to be controlled,<br>grasshoppers and other plant pests which are infesting vegetation in the road rights<br>of way under their authority. Only pesticides that are labeled for use on forage crops<br>may be used so that the forage may be cut and used for hay. At least three days<br>prior to treatment, the governing body of the township or county shall provide written<br>notice to all of the landowners or tenants, or both, of all land adjacent to the rights of<br>way to be treated. The notice must include the approximate date of treatment, the<br>name of the pesticide that will be used, and any restrictions on the harvest and use<br>of the treated forage. If a landowner or occupant of land adjacent to the road right of<br>way to be treated gives notice opposing the treatment to the governing body of the<br>township or county prior to the treatment date that section of the right of way must<br>be excluded from treatment. The landowner or tenant of the land is responsible for<br>clearly marking or flagging the section of the right of way to be excluded from<br>treatment.
2.
The governing body of a county may enter into agreements with the department of<br>transportation for the purpose of controlling grasshoppers and other plant pests in<br>state highway system rights of way. The governing body of a township may enter<br>into agreements with the governing body of a county for controlling grasshoppers<br>and other plant pests in rights of way of the county road system. The governing<br>body of a county may use the county emergency fund, as provided for in section<br>57-15-28, to pay for the cost of control in rights of way of the county road system.<br>The county emergency fund may also be used to cost share with townships for<br>control expenses in township rights of way. The electors of an organized township<br>may appropriate funds as provided for in section 57-15-19 for controlling<br>grasshoppers and other plant pests in rights of way controlled by the township.
24-05-21.
Roads and approaches intersecting with county or township roads -
Requirement. All roads and approaches constructed after July 1, 1973, which intersect with<br>county or township roads, must have a graded inslope at the place of intersection of at least a<br>three-to-one ratio, thus permitting vehicles which may accidentally leave any county or township<br>road and strike the inslope a reasonably safe access over the road or approach.
24-05-22.
Graded inslope requirement - Exceptions.
The requirement of section
24-05-21 as to a graded inslope of all roads and approaches does not apply:
1.
Where the governing body having authority over such roads and approaches<br>exempts such roads and approaches from the requirement of section 24-05-21 due<br>to factors causing an unduly prohibitive cost of compliance.
2.
To roads and approaches of the state highway system which intersect county or<br>township roads.
3.
To roads and approaches which intersect county roads constructed in compliance<br>with requirements of the federal-aid system.
24-05-23.
Encroachment upon county roads, ditches, approaches - Liability for
damages. A landowner who encroaches upon a county road or its ditches or approaches must<br>be given notice by the board of commissioners for that county that the encroachment has been<br>discovered. If the landowner fails to remedy the encroachment within twenty days after receiving<br>the notice, that landowner is liable to the county for damages resulting from the encroachment.<br>The board of commissioners for that county shall issue to the landowner written notice of the<br>amount of damages determined to be a result of the encroachment. If the landowner fails to pay<br>the county for the damages, the expense of the repair must be charged to the land of the<br>landowner. The expenses charged become a part of the taxes to be levied against the land for
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the ensuing year and must be collected in the same manner as other real estate taxes are<br>collected and placed to the credit of the county that incurred the expense of the repair.
24-05-24. County and township road rights of way - Removal of obstructions. The
governing body having authority over the right of way of a county or township road may develop<br>and implement rules governing the disposal of any stored hay or other obstruction placed on the<br>right of way.
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Document Outline
chapter 24-05 county roads
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