North Dakota Code § 24-05-18

Counties may cooperate with department - Procedure
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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.

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