Withdrawal from rural fire protection district
N.D. Cent. Code § 18-10-12.1
in effect18-10-12.1. Withdrawal from rural fire protection district
Any person having an ownership interest in property subject to a mill levy as provided for in
section 18-10-07 and wishing to withdraw such property from the rural fire protection district
may do so as provided in this section, subject to the following restrictions:
1. The territory to be withdrawn from the district must border on the outer boundary of the
district.
2. The territory to be withdrawn from the district remains subject to and chargeable for
the payment and discharge of the proportion of obligations outstanding at the time of
filing the petition for the withdrawal of the territory that the taxable valuation of property
in the territory to be withdrawn bears to the taxable valuation of all property within the
district prior to withdrawal.
3. Mill levies imposed under section 18-10-07 remain in effect until the proportionate
share of outstanding obligations are paid.
4. The proceedings for withdrawal must be initiated by the filing of a petition with the
appropriate county auditor or auditors signed by the fee title holders of sixty percent of
the surface acreage in the territory sought to be withdrawn and contain a description of
the boundaries of the territory sought to be withdrawn and a map or plat illustrating
such area.
5. The county auditor shall verify from the tax schedules and determine whether the
petition complies with the requirements of subsection 4.
6. The county auditor shall determine and certify the respective percentage proportions
of the taxable valuation of the territory petitioned to be withdrawn to the taxable
valuation of all property in the district prior to withdrawal to the board of directors of the
district concerned.
7. Within twenty days after receipt of the petition, verification, and computation of
respective percentage proportions, the board of directors of the district concerned shall
attach to the petition a statement of outstanding obligations of the district and shall
forward the petition to the appropriate board or boards of county commissioners.
8. The board or boards of county commissioners shall, at a regular meeting, compute the
indebtedness proportionately assignable to the territory sought to be withdrawn, and
shall, by written order, describe the boundaries of the territory withdrawn and the
indebtedness of the district assigned to the territory and subject to continued levy
under section 18-10-07. The order and computation must be filed in the office of the
county auditor or auditors.
9. The annual estimate required under section 18-10-07 must reflect the annual expense
of retiring principal and interest upon the proportionate share of district indebtedness
assigned to withdrawn territory.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t18c10.pdf#nameddest=18-10-12p1Fetched: 10/16/2026