ND HB1341

Municipalities must presume improvement projects benefit all properties in the municipality unless the governing body makes a finding by clear and convincing evidence that benefits are confined to a smaller area and includes this evidence in the ordinance or resolution creating the district.

Improvement districts may only embrace two or more separate property areas if the governing body has made a finding that the project benefits a smaller area than the entire municipality.

Each improvement district must include all properties that the governing body determines will be benefited by the improvement project, in consultation with the engineer planning the project.

The effective date applies to special assessment improvement projects initiated after July 31, 2015.