The Senate Education Committee amended and advanced Senate Bill 2351 to narrow and strengthen notification requirements for property owners affected by school-district annexation petitions.
Chairman Beard described the amendment, 25.1342.01003, which would amend and reenact Section 15.1-12-05 of the North Dakota Century Code. Under the amendment, at least 14 days before a public hearing the county superintendent must provide notice by certified mail to each owner of real property to be annexed and publish notice of the hearing. The amendment replaces broader language that could have been read to require notice to a larger set of owners and instead limits notice to those "specifically affected." The amendment also adds a provision that at the hearing the county committee must accept testimony and documentary evidence regarding potential modification to property tax obligations and the concerns of owners of the property to be annexed.
Senator Lam moved the amendment; Senator Axman seconded. The committee voted 5 yeas, 0 nays, 1 not voting on the amendment. Senator Axman then moved a due pass as amended on Senate Bill 2351; Senator Lam seconded. The committee recorded a 5-0-1 vote on the bill as amended; the bill passed out of committee.
Committee members clarified that the notice requirement applies to each named owner; if property is owned by an LLC, a single notice to the LLC is sufficient, but where multiple individuals are owners (for example, several siblings), each owner must be notified.