2013 North Dakota Century Code Title 57 Taxation Chapter 57-11 City Board of Equalization
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CHAPTER 57-11
CITY BOARD OF EQUALIZATION
57-11-01. Membership of board - Quorum - Meeting.
1. The board of equalization of a city consists of the members of the governing body, and
shall meet at the usual place of meeting of the governing body of the city, on the
second Tuesday in April in each year. The executive officer of the governing body shall
act as chairman, but in the executive officer's absence the governing body may elect
one of its members to preside. A majority of the board constitutes a quorum to transact
business, and it may adjourn from day to day until its work is completed. In case a
quorum is not present at any time, the clerk may adjourn from day to day and publicly
announce the time to which the meeting is adjourned.
2. Notwithstanding the provisions of subsection 1, if the same person performs the duties
of assessor for two or more cities or townships, the city auditor may, after consultation
with the assessor involved, designate the hour and day in the month of April at which
the meeting provided for in subsection 1 must be held for each city board of
equalization; provided, that notice of the hour and day must be published in the official
newspaper of the political subdivisions involved and posted at the usual place of
meeting by the city auditor at least ten days before the meeting.
57-11-02. Duties of auditor.
The city auditor, as clerk, shall keep an accurate record of all changes made in valuation,
and of all other proceedings, and, within ten days after the completion of the equalization of the
assessment, shall deliver the assessments as equalized to the county auditor of the county in
which the city is situated, with the city auditor's certificate that the assessments are correct as
equalized by the city board of equalization. The assessment as equalized must be accepted by
the board of county commissioners in lieu of all other assessment rolls for the property in said
city.
57-11-03. Duties of board - Limitation on increase - Notice.
At its meeting, the board of equalization shall proceed to equalize and correct the
assessment roll. It may change the valuation and assessment of any real property upon the roll
by increasing or diminishing the assessed valuation thereof as is reasonable and just to render
taxation uniform, except that the valuation of any property returned by the assessor may not be
increased more than twenty-five percent without first giving the owner or the owner's agent
notice of the intention of the board to increase it. The notice must state the time when the board
will be in session to act upon the matter and must be given by personal notice served upon the
owner or the owner's agent or by leaving a copy at the owner's last-known place of residence.
57-11-04. Application for correction of assessment.
During the session of the board, any person, or the attorney or agent of any person feeling
aggrieved by anything in the assessment roll, may apply to the board for the correction of
alleged errors in the listing or valuation of real property, and the board may correct the errors as
it may deem just.
57-11-05. Adding property to assessment list.
The board of equalization shall place upon and add to the assessment roll any real property
subject to taxation which has been omitted by the owner or the assessor and shall enter the
property at a valuation which will bear an equal and just proportion of the taxation.
57-11-06. No reduction after session of board - Exception.
After the adjournment of the board each year, neither the governing body of the city nor the
city board of equalization may change or alter any assessment. Neither may the governing body
or the board of equalization reduce or abate, or authorize the reduction, abatement, or return, of
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any taxes levied upon such assessments for any cause except that the property assessed was
not subject to taxation at the time the assessment was made.
57-11-07. Effect of failure of board to meet.
The failure of the board of equalization to hold its meeting does not vitiate nor invalidate any
assessment or tax except as to the excess of valuation or tax thereon shown to have been
made or levied unjustly.
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