2016 North Dakota Century Code Title 24 Highways, Bridges, and Ferries Chapter 24-05 County Roads
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CHAPTER 24-05
COUNTY ROADS
24-05-01. County road system and construction plan - County road and bridge tax
levy - Allocation and use of funds.
The board of county commissioners of any county shall periodically prepare a proposed
county construction program of roads on the county road system, setting forth a general
description of the roads to be constructed, the location of bridges constituting a part of the
program, the approximate total mileage, and the priority of construction.
1. The board of county commissioners may levy a tax not exceeding a tax rate of
ten mills per dollar of the taxable valuation of property in the county for the
improvement of county roads and bridges.
2. When authorized by a majority of the qualified electors voting upon the question at a
regular or special election in the county, the county commissioners may levy and
collect an additional tax for county road and bridge purposes not exceeding a tax rate
of ten mills per dollar of the taxable valuation of property in the county. The levy
pursuant to such an election may be discontinued by the board of county
commissioners or, upon petition of five percent of the qualified electors of such county,
the question of discontinuance of the levy must be submitted to the qualified electors
of the county at any regular or special election and, upon a favorable vote to
discontinue the levy of a majority of the qualified electors voting, such levy must be
discontinued.
Of the proceeds of the tax collected under levy authority under this subsection on
account of property situated within any city, by the county treasurer of the county in
which the city is located, twenty percent must be turned over by the treasurer to the
auditor of the city, in the manner provided in section 11-13-06 to be expended under
the direction of the governing body of the city in the improvement of its streets and
highways.
3. When a county requires levy authority for county road and bridge purposes in excess
of the limitations under subsections 1 and 2 and the county is authorized by a majority
of the qualified electors voting upon the question at a regular or special election in the
county, the board of county commissioners may levy and collect an additional tax not
exceeding a tax rate of ten mills per dollar of the taxable valuation of property in the
county. The levy pursuant to an election under this subsection may be discontinued by
the board of county commissioners or, upon petition of five percent of the qualified
electors of such county, the question of discontinuance of the levy must be submitted
to the qualified electors of the county at any regular or special election and, upon a
favorable vote to discontinue the levy of a majority of the qualified electors voting, such
levy must be discontinued.
4. Additional levy authority authorized by electors of a county under this section or
section 57-15-06.3 before January 1, 2015, remains in effect under the provisions of
law at the time the levy was authorized for the time period authorized by the electors
but not exceeding ten taxable years, unless discontinued earlier by the board of county
commissioners or the electors of the county. After January 1, 2015, approval or
reauthorization by electors of increased levy authority under this section may not be
effective for more than ten taxable years.
5. The county treasurer shall retain and deposit in a fund known as the county road and
bridge fund the county share of the tax under this section and any proceeds of this tax
totaling less than twenty dollars in a taxable year which is collected on account of
property situated within any city. Proceeds of the county share of the tax under this
section must be expended in the improvement of highways as provided in this chapter
under the 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 transferred to the county road and bridge 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 of the allocation made
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pursuant to section 54-27-19, nor may any allocation under this section include
moneys received from the state as the result of any other intergovernmental transfer.
Any unobligated balance in the county special road fund and reserve road and
bridge fund on August 1, 2015, must be transferred to the county road and bridge fund
and the county special road fund and reserve road and bridge fund must be closed
out.
24-05-02. Fund - How expended.
The county road and bridge fund created by section 24-05-01 may be expended only for
road machinery and for grading, ditching, and surfacing, and implementation of the proposed
county construction program of roads on the county road system.
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 beginning and the direction in which the work must proceed, and shall
require the same to be completed mile [1.61 kilometers] by mile [1.61 kilometers] or in parts of
miles [kilometers] continuously, as ordered, and no payment may be made except for work so
completed. It also may require the supervision of the work by the county surveyor, so far as
deemed necessary, and shall require the county surveyor to compute and estimate the amount
of completed work and to certify the same to the county auditor at the end of each month, and
all the work 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 must constitute a part of the provisions and conditions of every such contract, whether
expressed therein or not.
24-05-04. Contracts to be advertised - Requirements for rental contracts.
1. A purchase of county road machinery and any rental contract or agreement for the use
of road machinery and other articles, except necessary repairs for road machinery,
which exceeds the sum of fifty thousand dollars must be advertised as provided by law
for the purchase of county supplies. The board of county commissioners may not enter
a rental contract or agreement for the use of road machinery and other articles for a
longer period than twelve months from the date of the rental contract or agree to pay
rental for the use of road machinery and other articles which would result in the lessor
receiving rental at a rate in excess of twenty percent per year of the cash sale price of
the road machinery or other articles. The cash sale price of the road machinery and
other articles must be clearly set forth in any rental contract for road machinery and
other articles and failure to include this data in any rental contract for the use of road
machinery and other articles renders the rental contract void. A payment made under a
void rental contract is recoverable from the county commissioners making the contract,
jointly and severally.
2. Notwithstanding the provisions of this section relating to the duration of rental
contracts, the board of county commissioners may enter lease-purchase agreements
for the road machinery and articles covered by this section if those agreements
provide for the complete performance and full payment of the purchase price of the
machinery or articles within seven years from the date of the execution of the
lease-purchase 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 road construction or maintenance equipment belonging to any county, city, or
township on other than county, city, or township roads or projects at a rate which is less than the
current equipment rental rates adopted by the North Dakota department of transportation as
shown in its Standard Specifications for Road and Bridge Construction manual.
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24-05-04.2. Contracts to be advertised - Road construction.
A contract for highway improvement that exceeds one hundred thousand dollars must be
advertised as provided by sections 11-11-26 and 11-11-27. For any contract for highway
improvement which exceeds fifty thousand dollars but does not exceed one hundred thousand
dollars, the county, when possible, shall seek quotes from at least two contractors.
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 the county treasurer in favor of the contractor,
payable out of the county road and bridge fund appropriated 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
county, the board of county commissioners thereof has the power to deviate from section and
township lines and to condemn and purchase right of way for such highway, if in its opinion the
cost of constructing and maintaining such highway must be decreased materially. The cost of
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 improve a highway on said state line, it may
negotiate with the proper officials of the adjoining county or state, and may make contracts or
agreements pertaining to the opening up of such state line and the construction of a highway
thereon. If the board of county commissioners deems it proper, it may agree with the officials of
the adjoining county or state for the allotment of the highway on said state line, and may
assume the obligation of construction and maintenance of certain parts of the said highway in
return for the assumption of like obligations by the officials of the adjoining county or state as to
a like portion of the state line forming the boundary of the 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 constructing, reconstructing, widening, altering, changing, locating, relocating,
aligning, realigning, or maintaining, any highway in said county, may purchase, acquire, take
over, or, subject to section 32-15-01, condemn, under the right and power of eminent domain,
for such county, any and all lands which it deems necessary for the present use, either
temporary or permanent, and to provide adequate drainage in the improvement, constructing,
reconstructing, widening, altering, changing, locating, relocating, aligning, realigning, or
maintaining of any highways in said county, and by the same means it may acquire said lands
notwithstanding the fact that the title thereto is vested in the state or any of its subdivisions.
Whenever the board of county commissioners determines, by resolution or order, that the public
necessity requires the taking of land as aforesaid, it shall cause said lands to be surveyed and
described and a plat thereof prepared and recorded in the office of the recorder of the county
wherein the same is located. The board of county commissioners, or its duly authorized agents
and employees, may enter upon any land for the purpose of making such survey, examination,
or test, but in case of damages to the premises the board of county commissioners forthwith
shall pay to the owner of 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 24-05-09 at a price that the board determines reasonable, the
board by order or resolution shall declare the necessity for the taking of the lands. The board of
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county commissioners shall appoint a special board consisting of the county auditor or the
county official responsible for the 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 therein specified shall fix a time and place not later than
thirty days from and after the passage of said order or resolution for hearing all persons or
parties interested or aggrieved by such taking, and it shall cause notice of said hearing to be
served upon all parties interested either by registered or certified mail or by publication thereof,
once each week for two successive weeks prior to the date of hearing, stating the time and
place where the hearing must be held, together with a description of the property to be
appraised. Such published notice must be in lieu of all other notices, and if notice is given by
registered or certified mail, the same must be served not less than ten days prior to the date of
hearing. Personal service by copy of said notice may be made in lieu of publication or service by
mail when made at least ten days prior to the date of hearing, such personal service to be made
as a summons in district court is served. At the time and place fixed for said hearing, the special
board so organized shall proceed to fix the damages 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 to the clerk of the district court, for the benefit of
the persons interested, the sum awarded by said board, said amount to be paid in cash. Every
owner entitled to such an award, before receiving the same, shall execute a receipt, to be
received by the clerk of said district court, containing a description of the premises covered by
said award and an acknowledgment of full and complete satisfaction for all damages sustained.
In case the owner fails or refuses to accept such award and execute such receipt within ten
days after being notified of the amount awarded to the owner, the clerk of the court to whom
said amount has been paid shall execute a receipt reciting 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 from the date of the deposit of the amount awarded, the receipt of the
owner of said premises, or of the clerk of the district court, must be recorded in the office of the
recorder of the county in which said real estate is situated, and the title of the land so taken
thereupon must be vested in 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 determination of the board of county
commissioners in the taking of lands by a county for highway purposes. Appeal from such
award must be taken without bond and by the service of a notice of appeal on the board of
county commissioners in the manner in which a summons in a civil action is served. The issues
involved in the appeal so taken must be tried and determined at the next term of the district
court. The damages must be assessed by a jury, unless a trial by jury is waived, and no fees
may be collected by the clerk of the district court for the filing of said 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 use of the property so condemned and is liable for
any additional amount awarded to the appellant upon such appeal.
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24-05-16. County road system - Designation.
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 be made by the board of county commissioners and the director must be notified of such
changes. In designating and selecting roads on the county road system, the boards of county
commissioners of the several counties shall take into account such factors as the actual or
potential traffic volumes, the conservation and development of the county's natural resources,
the general economy of the communities, and the desirability of integrating such county roads
into the general scheme of the statewide network of county roads.
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 land for, construct, maintain, and operate the county road system
as designated and selected by 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 county must be improved or constructed in cooperation with the department,
such board shall make written application to the director for the improvement and construction
thereof. If the director approves such application, the director, in writing, shall notify the said
board of such approval, and at the same time shall submit to the said board an estimate of the
cost of such improvement, including the cost of engineering, the purchase or acquirement of
right of way, and all other expenses, and the share or portion thereof which such county shall
bear. However, the director may not require any county to pay for the cost or expense of
acquiring right of way for the state highway system. Whenever the board of county
commissioners aforesaid shall elect to proceed with such improvement, the said board shall
adopt a resolution signifying such election and in such resolution must set aside out of such
funds as are or may become available the amount necessary to pay the county's share of the
cost of such improvement. Upon written demand of the director, the board of county
commissioners shall instruct and direct the county auditor by resolution to draw a warrant or
warrants on the county treasurer in favor of the contractor, or of the department, for the county's
share of such amount or amounts as may become due during the progress of such
improvement. The county shall also draw additional warrants in favor of the department as may
be necessary to reimburse it for the county's share of the cost of engineering and the acquisition
of right of way. Such warrants must be drawn by the 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 an agreement and contract with the director and the board
of county commissioners shall provide sufficient funds in accordance with law to defray its share
of the cost of such improvement or shall levy sufficient taxes therefor. Construction on such
improvement must be commenced 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 back sloped grades and ditches.
Such grades and ditches shall be sloped to a sufficient degree to permit farm implements used
for cutting and gathering hay to operate thereon, and such grades and ditches shall be cleared
of all stones or other obstructions that would hinder the operation of such implements. Upon
completion of such newly constructed or reconstructed roads, the governing body having
authority over such roads shall plant grass upon the back slopes of the grades and ditches. The
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grass or hay growing upon or within the right of way of 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,
grasshoppers and other plant pests which are infesting vegetation in the road rights of
way under their authority. Only pesticides that are labeled for use on forage crops may
be used so that the forage may be cut and used for hay. At least three days prior to
treatment, the governing body of the township or county shall provide written notice to
all of the landowners or tenants, or both, of all land adjacent to the rights of way to be
treated. The notice must include the approximate date of treatment, the name of the
pesticide that will be used, and any restrictions on the harvest and use of the treated
forage. If a landowner or occupant of land adjacent to the road right of way to be
treated gives notice opposing the treatment to the governing body of the township or
county prior to the treatment date that section of the right of way must be excluded
from treatment. The landowner or tenant of the land is responsible for clearly marking
or flagging the section of the right of way to be excluded from treatment.
2. The governing body of a county may enter into agreements with the department of
transportation for the purpose of controlling grasshoppers and other plant pests in
state highway system rights of way. The governing body of a township may enter into
agreements with the governing body of a county for controlling grasshoppers and
other plant pests in rights of way of the county road system. The governing body of a
county may use the county emergency fund, as provided for in section 57-15-28, to
pay for the cost of control in rights of way of the county road system. The county
emergency fund may also be used to cost share with townships for control expenses
in township rights of way. The electors of an organized township may appropriate
funds as provided for in section 57-15-19 for controlling 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 county or
township roads, must have a graded inslope at the place of intersection of at least a
three-to-one ratio, thus permitting vehicles which may accidentally leave any county or township
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 exempts
such roads and approaches from the requirement of section 24-05-21 due to factors
causing an unduly prohibitive cost of compliance.
2. To roads and approaches of the state highway system which intersect county or
township roads.
3. To roads and approaches which intersect county roads constructed in compliance 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 be
given notice by the board of commissioners for that county that the encroachment has been
discovered. If the landowner fails to remedy the encroachment within twenty days after receiving
the notice, that landowner is liable to the county for damages resulting from the encroachment.
The board of commissioners for that county shall issue to the landowner written notice of the
amount of damages determined to be a result of the encroachment. If the landowner fails to pay
the county for the damages, the expense of the repair must be charged to the land of the
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
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 and implement rules governing the disposal of any stored hay or other obstruction
placed on the right of way.
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