North Dakota Century Code Title 61. Waters § 61-24.8-18. Appeal to state engineer

Within ten days after the hearing under section 61-24.8-17, affected landowners subject to assessment, who believe that the assessment has not been fairly or equitably made, or that the project is not properly located or designed, may petition the state engineer to review the assessments and examine the location and design of the proposed project.  Upon receipt of a petition, the state engineer shall examine the lands assessed and the location and design of the proposed project.  If it appears to the state engineer that the assessments have not been made equitably, the state engineer may proceed to correct the assessments.  The state engineer's correction and adjustment of assessments is final.  If it appears to the state engineer that the project has been improperly located or designed, the state engineer may order a relocation and redesign, which must be followed in the construction of the proposed project.  Any landowner claiming to receive no direct benefit from the project may appeal to the state engineer the question of whether there is any direct benefit.  The appeal must be filed with the state engineer within ten days after the hearing on assessments in section 61-24.8-17.  The state engineer may not determine the specific amount of benefit upon an appeal by an individual landowner and may determine only if there is any direct benefit to the landowner.  The determination of the state engineer upon the appeal is final.