North Dakota Constitution Article VII - Political Subdivisions
North Dakota Constitution – Article VII: Political Subdivisions
Article VII of the North Dakota Constitution outlines the structure, powers, and governance of political subdivisions within the state. Political subdivisions include counties, cities, townships, and other local government units.
🔹 Key Sections & Provisions of Article VII
Section 1 – Creation and Government
The Legislative Assembly has the power to provide for the creation, organization, and government of counties, cities, and other political subdivisions.
Local governments are subject to state law, but can have some powers of self-governance.
Section 2 – Home Rule Charters
Cities and counties may adopt home rule charters to govern local affairs.
These charters must be approved by a majority vote of the electors in the city or county.
Home rule powers may include:
Taxation authority
Control over local police and zoning
Organizational structure of local government
Section 3 – Cooperation and Consolidation
Allows for cooperation between different political subdivisions.
Permits consolidation of services (e.g., fire, police, public works) or even merging of governments if approved by voters in each affected area.
Section 4 – Powers and Duties
The legislature may define the powers, duties, and functions of political subdivisions.
These subdivisions can be delegated functions by the state to better serve their populations.
Section 5 – Limitations on Taxing and Debt
Subdivisions may not incur debt or impose taxes beyond certain limits unless authorized by law or approved by voters.
There are constitutional limits on property taxes and borrowing.
Section 6 – County Seats and Boundaries
The location of county seats (administrative centers) and changes to county boundaries must be approved by voters in the affected counties.
🔹 Purpose of Article VII
This article ensures a clear legal framework for:
Local self-governance
Flexibility in organizing local services
Voter involvement in local changes (like home rule or boundary changes)
It balances state oversight with local autonomy, allowing communities to tailor governance to their needs while maintaining consistency with state laws.
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