Morton County Commission denies Ensoll’s Eleventh street paving after majority-area protests

At its June 24 meeting, the Morton County Commission denied a petition to form a special assessment district to pave streets in Ensoll’s Eleventh Subdivision after county staff said written protests covered a majority of the district’s area. County staff told the commission that four written protests represent 65% of the area in the proposed district and cited North Dakota Century Code 40-22-18 as the legal bar to proceeding.

Why it matters: Under the cited statute, a written protest signed by owners of a majority of the area inside a proposed special assessment district prevents the county from proceeding. Property owners petition for special assessments to share the cost of road improvements; if a petition is successful the county advertises, bids and then assesses property owners in the district for their share.

County engineer John (last name on file with highway department) told the commission the project would have included hot mix bituminous overlay and patching. County staff confirmed notice of the hearing was published 30 days before the meeting and that a courtesy letter was mailed to residents. The staff report said the petitions and protests followed the process required under North Dakota law.

Several residents spoke during the public hearing. Brad Savageau, a Honey Lane resident, argued the petition process was unfair because one large parcel had enough acreage to block improvements for the rest of the neighborhood. He asked the commission to “consider fairness and sensible policy” and said his neighborhood is effectively one community despite one larger lot in the mix. Other residents said some signatures had been given under the impression they were only to solicit bids, not to form a binding assessment district.

Commission discussion focused on legal limits. County staff and the state’s attorney repeatedly advised the commission they must follow Century Code and cannot override a majority-area protest. Commissioners also discussed options for residents, including redrawing the petition boundaries and circulating a new petition that would exclude the large parcel; staff said that can be done but would require a new petition and would change estimated per-lot assessments.

The commission voted by roll call to deny the Ensoll’s Eleventh assessment. The vote was recorded as yes from Commissioner Zach Meyer, Commissioner Tokash, Commissioner Buckley, Commissioner Morel and the chair; the motion carried. The county’s staff advised residents who wish to pursue paving that they may reorganize a new petition with revised boundaries and that the highway department can attempt to expedite future hearings if petitioners move quickly.

Next steps: The denial ends this special-assessment effort unless residents submit a new petition that complies with Century Code; staff said the county can re-bid or create alternate bid packages (with and without certain streets) if petitioners pursue a revised plan.