Use of tax increment financing for the development of certain industrial or commercial property - Public hearing - Eligible costs of development
N.D. Cent. Code § 40-58-20.1
in effect40-58-20.1. Use of tax increment financing for the development of certain industrial or
commercial property - Public hearing - Eligible costs of development.
1. The governing body of a municipality may use the tax increment financing method
authorized by section 40-58-20 to assist a project developer in the development of
industrial or commercial property, as limited by this section, pursuant to an agreement
between the municipality and the project developer.
2. Prior to entering into an agreement with a project developer under subsection 1, the
governing body of the municipality shall consider the agreement at a public hearing,
which may be held in conjunction with the public hearing required by subsection 3 of
section 40-58-06, after providing written notice of the hearing at least fifteen days prior
to the hearing to potential competitors of the prospective industrial or commercial
enterprise, and may enter into the agreement only if it determines that the agreement
will not result in unfair competition and that the agreement is in the best interests of the
municipality as a whole.
3. For the purpose of determining costs of development of industrial or commercial
property to be reimbursed by tax increments under section 40-58-20, only the following
public costs necessarily incurred, by either the municipality or the project developer,
for the purpose of preparing the property for private development by the project
developer may be included in the agreement as reimbursable public costs of
development:
a. The cost of acquiring, or the market value, of all or a part of the industrial or
commercial property;
b. Costs of demolition, removal, or alteration of buildings and improvements on the
industrial or commercial property, including the cost of clearing and grading land;
c. Costs of installation, construction, or reconstruction of streets, utilities, parks, and
other public works or improvements necessary for carrying out the development
or renewal plan; and
d. All interest and redemption premiums paid on bonds, notes, or other obligations
issued by the municipality to provide funds for the payment of eligible public costs
of development.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t40c58.pdf#nameddest=40-58-20p1Fetched: 10/16/2026