ND SB2040

Amends North Dakota Century Code section 40-22-18 to exclude property owned by political subdivisions from protest calculations when determining whether protests bar a special improvement district formation, unless the political subdivision filed a protest.

Protests containing majority signatures of property owners still bar special assessments for improvement projects, but do not bar the project itself if funded through non-special assessment sources.

Protests representing a majority of a separate property area within the district bar special assessments only within that area, unless they represent a majority of the entire district.

Municipalities remain responsible for paying costs incurred before protest-based termination and may issue certificates of indebtedness, warrants, or levy taxes to cover those expenses.

Senate passed 47-0; House passed 87-2 with 5 absent during the 2019 regular session.