North Dakota Century Code

N.D. Cent. Code § 40-58-05 (2026)

Finding of necessity by governing body

✓ current as of May 2026

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A municipality may not exercise any of the powers conferred upon municipalities by this chapter until its governing body adopts a resolution finding that:

1. One or more slum or blighted areas or industrial or commercial properties exist in the municipality; and

2. The development, rehabilitation, conservation, or redevelopment, or a combination thereof, of the area or properties is necessary in the interest of the public economy, health, safety, morals, or welfare of the residents of the municipality.

Notes of Decisions

Cited in 4 cases, 1978–2014 · leading case: Haugland v. City of Bismarck, 2012 ND 123 (N.D. 2012).

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Haugland v. City of Bismarck, 2012 ND 123 (N.D. 2012). · cites it 6× “N.D.C.C. § 40-58-05. The Act outlines the requirements for a municipality to approve a resolution for adoption of a renewal plan and includes a procedure for modifications of a renewal plan that substantially change a previously approved plan.”

City of Jamestown v. Leevers Supermarkets, Inc., 552 N.W.2d 365 (N.D. 1996). · cites it 4× “B Under N.D.C.C. § 40-58-05(2), a municipality may not exercise any of the powers conferred until its governing body adopts a resolution finding “[t]he development, rehabilitation, conservation, or redevelopment, or a combination thereof, of the area or properties is necessary…”

Sande v. City of Grand Forks, 269 N.W.2d 93 (N.D. 1978). · cites it 2× “There is hereby created in each municipality a public body corporate and politic to be known as the ‘urban renewal agency’ of the municipality: Provided, that such agency shall not transact any business or exercise its powers hereunder until or unless the local governing body…”

Haugland v. City of Bismarck, 2014 ND 51 (N.D. 2014). · cites it 4× “[¶6] Under N.D.C.C. § 40-58-05, a municipality may not exercise any of its urban renewal powers until its governing body adopts a resolution finding that “[o]ne or more slum or blighted areas or industrial or commercial properties exist in the municipality” and the “development,…”

— N.D. Cent. Code § 40-58-05(2) — 1 case

City of Jamestown v. Leevers Supermarkets, Inc., 552 N.W.2d 365 (N.D. 1996). “B Under N.D.C.C. § 40-58-05(2), a municipality may not exercise any of the powers conferred until its governing body adopts a resolution finding “[t]he development, rehabilitation, conservation, or redevelopment, or a combination thereof, of the area or properties is necessary…”

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