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Current as of January 01, 2024 | Updated by Findlaw Staff
An assessment or tax based thereon may not be held invalid if it is possible to determine definitely what property was assessed, the valuation fixed by the assessor, and the rate or amount of tax levied, nor may it be held invalid for any defect in form, if the person or property assessed in fact is subject to taxation, unless it appears that such irregularity resulted to the prejudice of the party objecting, and in all actions in which the validity of any tax levied comes in question, no tax may be held invalid unless it appears:
1. That the property assessed was not subject to taxation, or, in case of personal property, that the person assessed was not liable to taxation at the time such assessment was made, for the property or some part thereof assessed to that person;
2. If the tax is upon real property, that the description of the property intended to be assessed, or the valuation thereof, cannot be definitely ascertained from the assessment roll which is the basis of such tax, and if the tax is upon personal property that the assessment roll does not contain either the name of the owner nor the valuation thereof;
3. That the amount of taxes intended to be levied cannot be definitely ascertained from the official record of the proceedings of the board or officers levying the tax;
4. That the taxes have been paid; or
5. That the taxes, or some part thereof, are in excess of the amount limited by law, or for a purpose unauthorized by law, but in such case the court may not cancel the taxes, except as to such excess or as to such unlawful purpose. When taxes are declared partially void, the remainder stands as the original taxes.
Cite this article: FindLaw.com - North Dakota Century Code Title 57. Taxation § 57-45-14. When tax may be held invalid - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-57-taxation/nd-cent-code-sect-57-45-14/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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