North Dakota Code § 40-22-01.1

Restoration of property damaged in flood control or during a declared
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disaster or emergency - Special assessments for costs.
When any city has constructed any temporary emergency flood control protection devices 
or works to protect property located within a portion of a city from flood damage or expended 
funds for the protection of the city from flood or other peril under chapter 37 -17.1 or otherwise, 
the city may maintain and remove material used in the construction of the temporary emergency 
flood control protection devices or works and repair damages to land, buildings, or personal 
property caused by the operation of its equipment upon the property while in the process of 
installing or removing the temporary emergency flood protection systems. The city may create 
by resolution of its governing board a special assessment district encompassing the protected 
area. Special assessments against the property within the district must be imposed to cover the 
costs incurred by the city in constructing and maintaining the emergency flood protection 
devices or works and in removing the material used and in repairing the damages caused by the 
operation of equipment while installing or removing the temporary emergency flood protection 
systems. The amount to be assessed must be established by a resolution adopted by the 
governing board. Special assessments against any property in the district must be determined 
and made in the same manner as is provided for improvements by special assessments to the 
extent consistent herewith, and the certification and collection, including lien provisions, 

applicable to other special assessments are applicable hereto. Provided, however, that the 
provisions of sections 40 -22-15, 40-22-17, and 40 -22-18, relating to a resolution of necessity 
and protests against special assessments, sections 40-22-10, 40-22-11, and 40-22-29, relating 
to engineers' reports, plans, and estimates, and section 40-22-19, relating to contract proposals, 
do not apply to special assessment districts created under this section.

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