North Dakota AG Opinions, 1987

N.D.A.G. Letter to Syverson (June 30, 1987) June 30, 1987 Mr. Gayle Syverson Deputy State Auditor Office of the State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Syverson: Thank you for your letter dated May 13, 1987, in which you inquire as to whether a part-time state's attorney may receive less than the 45% minimum salary as authorized in N.D.C.C. § 11-10-10(7). N.D.C.C. § 11-10-10(7) sets forth the minimum salary which a part-time state's attorney will receive in the performance of that state's attorney's duties. The legislative history pertaining to this provision indicates

N.D.A.G. Letter to Lothspeich (June 30, 1987) June 30, 1987 Mr. Dennis Lothspeich Williams County Assistant State's Attorney P.O. Box 1246 Williston ND 58802-1246 Dear Mr. Lothspeich: Thank you for your letter of June 16, 1987, inquiring on behalf of a school district as to the proper procedure to be followed when contesting the eligibility of a person who has won election to a school board. According to your letter, the issue is the residency of the successful candidate. The general powers and duties of a school board are found at N.D.C.C. § 15-29-08. Nowhere in the statute is the sc

N.D.A.G. Letter to Johnson (June 30, 1987) June 30, 1987 Mr. Dennis E. Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of June 1, 1987, wherein you asked about a county's responsibility to maintain county roads located within the exterior boundary of an Indian reservation. The federal government has recognized the obligation of the various states and their subdivisions to provide for highway transportation within the exterior boundaries of an Indian reservation. 25 U.S.C. § 311 provide

N.D.A.G. Letter to Johnson (June 30, 1987) June 30, 1987 Mr. Dennis E. Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of June 1, 1987, wherein you asked about a county's responsibility to maintain county roads located within the exterior boundary of an Indian reservation. The federal government has recognized the obligation of the various states and their subdivisions to provide for highway transportation within the exterior boundaries of an Indian reservation. 25 U.S.C. § 311 provide

N.D.A.G. Letter to O’Donnell (June 24, 1987) June 24, 1987 Ms. Mary K. O'Donnell Rolette County State's Attorney P. O. Box 1079 Rolla, ND 58367 Dear Ms. O'Donnell: Thank you for your letter dated June 8, 1987. You have inquired as to whether or not a municipality is liable for the cost of medical care provided to a prisoner incarcerated at a county jail on a warrant issued by the municipal court of a city which is located outside the county and which does not have a written contract with that county's jail. You have related that a person held in the Rolette County jail at the request

Date Issued: June 24, 1987 (AGO 87-13) Requested by: Gary D. Preszler, Commissioner Department of Banking and Financial Institutions - QUESTION PRESENTED - Whether state-chartered banks and credit unions are subject to the new assessment rate set forth in House Bill No. 1010 in relation to the 1987 assessments. - ATTORNEY GENERAL'S OPINION - It is my opinion that state-charted banks and credit unions are subject to the new assessment rate set forth in House Bill

Date Issued: June 23, 1987 (AGO 87-12) Requested by: Vern Fahy, North Dakota State Water Commission - QUESTIONS PRESENTED - I. Whether the state engineer must process drainage applications received after January 1, 1987, which include the type IV and V wetlands described in section 14 of Senate Bill No. 2035, according to current law. II. Whether the state engineer may permit drainage that would exceed the 2,500 acre limit of section 6 of Senate Bill No. 2035 between now and July 22, 198

Date Issued: June 23, 1987 (AGO 87-11) Requested by: F.C. Rohrich, Emmons County State's Attorney - QUESTIONS PRESENTED - I. Whether a county is liable for jury and jail costs incurred as a result of a trial in county court of a violation of a city ordinance when the city and county have entered into an agreement pursuant to section 8 of Senate Bill 2040. II. Whether a county is liable for jury and jail costs incurred as a result of a trial in coun

N.D.A.G. Letter to Meier (June 22, 1987) June 22, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of June 9, 1987, inquiring as to the ability of a for profit business corporation to merge with a nonprofit corporation pursuant to North Dakota law. Attached to your letter was a letter from a Bismarck attorney indicating the desire of a business corporation to cease doing business and to merge the assets of that corporation into a nonprofit corporation. The general principle of law concerning the power of the st

N.D.A.G. Letter to Jones (June 22, 1987) June 22, 1987 Mr. Wayne P. Jones Ransom County State's Attorney P. 0. Box 391 Lisbon, ND 58054 Dear Mr. Jones: Thank you for your letter of June 2, 1987, concerning a contemplated donation by the board of county commissioners of Ransom County to be made to a fund known as "Lisbon's Future". According to statements made by your office by telephone, this fund is essentially a private fund administered by a committee comprised of public and private individuals. Although the money is held in an account by the city, the money consists of donations

Office of the Attorney General State of North Dakota Opinion No. 87-10 Dated Issued: June 22, 1987 Requested by: Brian D. Neugebauer West Fargo City Attorney --QUESTIONS PRESENTED-- I. Whether the provisions of Senate Bill No. 2040, which revise the operation of municipal courts, become effective as to those criminal offenses occurring on July 8, 1987, and thereafter. II. Whether the amendments to N.D.C.C. § 40-18-15 concerning the waiver of a jury trial in an action for the violation of a city ordinance, as enacted in Sen

N.D.A.G. Letter to Fitzner (June 11, 1987) June 11, 1987 Mr. R. Jon Fitzner Valley City City Attorney P. O. Box 330 Valley City, ND 58072 Dear Mr. Fitzner: Thank you for your letter of May 26, 1987, inquiring as to the legality of a Valley City ordinance proposing to limit to six months any action brought by any consumer to obtain a refund for an overcharge of a utility payment where the overcharge was the result of an inaccurate meter. You question the validity of this ordinance in light of N.D.C.C. § 28-01-16 which provides a six year statute of limitations. A

Date Issued: June 11, 1987 (AGO 87-9) Requested by: David M. Crane Hettinger County State's Attorney - QUESTION PRESENTED - Whether a school district, whose general fund levy is at a maximum of seventy mills, may increase its levy, upon resolution of the school board and without voter approval, by three percent in 1985, and an additional three percent in 1986. - ATTORNEY GENERAL'S OPINION - It is my opinion that a school district, whose general fund levy is

N.D.A.G. Letter to Meier (June 10, 1987) June 10, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of May 28, 1987, regarding the appropriate fee to be charged for filing and indexing Uniform Commercial Code termination statements. The fee for filing and indexing a termination statement of the Uniform Commercial Code is stated to be $3. N.D.C.C. § 41-09-43(3). The fee of $3 was provided for by the Legislative Assembly in 1983. 1983 N.D. Sess. Laws ch. 469, § 1. In 1987, the Legislative Assembly amended N.D.C.C

N.D.A.G. Letter to Mahoney (June 10, 1987) June 10, 1987 Mr. John Mahoney Center City Attorney P. O. Box 355 Center, ND 58530 Dear Mr. Mahoney: Thank you for your letter of May 27, 1987, questioning the ability of a city to determine the time zone it wishes to observe in conducting its business. Your conclusion is that there is no authority for a city to determine what time zone it wishes to follow. With this conclusion I am in agreement. The question of establishing time zones has been addressed by the United States Congress. Congress has authorized the Secretary of Transportation to

N.D.A.G. Letter to Gibbens (June 10, 1987) June 10, 1987 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter of May 20, 1987, wherein you inquire whether there is a remedy available if ad valorem taxes on a leasehold interest in a railroad right of way become delinquent. N. D. Const. art. X, § 4, provides, in part, as follows: The property, including franchises of all railroads operated in this state. . . . shall be assessed by the state board of equalization in a manner prescribed by such state boa

N.D.A.G. Letter to Ficek (June 10, 1987) June 10, 1987 Mr. Vince H. Ficek Dickinson City Attorney P. O. Box 866 Dickinson, North Dakota 58601-0866 Dear Mr. Ficek: Thank you for your letter of April 16, 1987, in which you request my opinion as to whether a city may enact an ordinance providing for a five percent preference to local bidders in awarding city contracts. The city commission believes that local bidders, who pay local taxes, should be preferred over nonlocal bidders in times of local economic hardship. I apologize for the delay in responding to you. Various sections of

N.D.A.G. Letter to Koppy (June 8, 1987) June 8, 1987 Mr. Allen Koppy Morton County State's Attorney 210 2nd Avenue N.W. Mandan, ND 58554 Dear Mr. Koppy: Thank you for your letter dated May 11, 1987. You have stated that the Morton County Commission, in the absence of a zoning compliance officer, has requested you, as state's attorney, to send letters to persons who are in violation of planning and zoning regulations pertaining to building and occupancy permits. Since the zoning regulations may impose criminal penalties, you have expressed a concern as to the problem you face, as the cr

N.D.A.G. Letter to Heitkamp (June 8, 1987) Overrules by implication N.D.A.G. Ltr to Burleigh County State’s Attorney (May 26, 1982) June 8, 1987 Ms. M. K. Heidi Heitkamp Tax Commissioner and Secretary of the State Board of Equalization State Capitol Bismarck, North Dakota 58505 Dear Commissioner Heitkamp: Thank you for your letter of May 20, 1987, regarding the annual ad valorem assessment by the State Board of Equalization of the operative property of pipeline companies. Specifically, the members of the State Board are concerned about the taxable status of a pipeline owned by

N.D.A.G. Letter to Mehrer (June 1, 1987) June 1, 1987 Mr. Owen K. Mehrer Stark County State's Attorney P. O. Box 130 Dickinson ND 58601 Dear Mr. Mehrer: Thank you for your letter of April 8, 1987, regarding the definition of the term "board of county commissioners," and the issue of which officers vote on the annual budget for the district board of health. N.D.C.C. § 23-14-03 defines the term "board of county commissioners:" 23-14-03. ORGANIZED BY WHAT OFFICERS. Upon the adoption of the plan by a single county, or by two or more contiguous counties, as provided in section 23-14-01, th

N.D.A.G. Letter to Jones (May 28, 1987) May 28, 1987 Mr. Wayne P. Jones Ransom County State's Attorney P.O. Box 391 Lisbon, ND 58054 Dear Mr. Jones: Thank you for your letter of May 6, 1987, wherein you inquire about the tax exemption for new industries and N.D.C.C. ch. 40-57.1. Specifically, you wish to know whether a municipality can grant an extension of an ad valorem tax exemption for new industry beyond five years from the date of commencement of project operations. N.D.C.C. ch. 40-57.1 provides that a municipality may grant a property tax exemption, not exceeding five years, for

N.D.A.G. Letter to Crane (May 27, 1987) May 27, 1987 Mr. David M. Crane Hettinger County State's Attorney Box 99 Mott, ND 58646 Dear Mr. Crane: Thank you for your letter of May 18, 1987, posing two questions concerning the county's budget. Your first question is whether a county may divert funds from the highway tax distribution fund to its general fund. Your second question is whether the county may transfer money from other special funds to its general fund. With your letter, you included a review of the relevant statutes and case law concerning these questions. After analyzing

N.D.A.G. Letter to Haskell (May 26, 1987) May 26, 1987 Mr. Bruce B. Haskell Assistant State's Attorney Burleigh County Courthouse 514 East Thayer Bismarck, ND 58501 Dear Mr. Haskell: Thank you for your April 14, 1987, letter regarding the time period for publication of the notice of the period of redemption of lands on which tax certificates have been issued and which have not been redeemed or assigned. I apologize for the delay in answering your letter. Specifically, you are concerned with the language of N.D.C.C. § 57-28-06 which provides that the notice of the expiration of the per

Date Issued: May 22, 1987 (AGO 87-08) Requested by: Honorable Ben Meier Secretary of State - QUESTION PRESENTED - Whether a petition seeking the referral of a part of a legislative act is in compliance with N.D. Constitution Article III Section 2 and N.D.C.C. section 16.1-01-09 where only those parts of the legislative act sought to be referred are included as the full text of the measure. - ATTORNEY GENERAL'S OPINION - It is my opinion that a petition seeki

N.D.A.G. Letter to Lipp (May 21, 1987) May 21, 1987 Mr. Walter M. Lipp Sheridan County State's Attorney P.O. Box 683 McClusky, ND 58463 Dear Mr. Lipp: Thank you for your letter of March 16, 1987, regarding in lieu of tax payments that are received by Sheridan County from the Bureau of Reclamation. I apologize for the delay in responding to you. Specifically, you wish to know whether townships located within Sheridan County are entitled to any of the money that the county receives under the Payment in Lieu of Taxes Act, 31 U.S.C. §6901, et. seq. A similar question was presented in 1981

Date Issued: May 21, 1987 (AGO 87-07) Requested by: Albert J. Hardy Belfield City Attorney - QUESTION PRESENTED - I. Whether the date of issuance of two separate refunding improvement bond issues creates a prior claim on behalf of the earlier issued bonds to money in a deficiency fund. II. Whether the governing body of a city is required to levy a tax upon all taxable property in the city to pay principal and interest due on special assessment warrants, when

N.D.A.G. Letter to Scherber (May 14, 1987) May 14, 1987 Honorable Kit Scherber State Representative 922 11th Street North Fargo, North Dakota 58102 Dear Representative Scherber: Thank you for your letter of March 13, 1987, which was received by our office on April 21, 1987. You request my opinion on whether the city of Fargo's contract with a private bridge company is in conformity with the provisions of N.D.C.C. § 40-05-01(57). You also request clarification as to the contract's commencement date and its duration. The agreement in question was executed by the city of Fargo, the city o

N.D.A.G. Letter to Green (May 12, 1987) May 12, 1987 Mr. Jerry G. Green, M.D. Chief, Pulmonary Section University of North Dakota 2100 North Elm Fargo, ND 58102 Dear Dr. Greene: Thank you for your letter of April 6, 1987, regarding smoking control at Air National Guard facilities. N.D.C.C. § 23-12-09 defines a "place of public assembly" for purposes of smoking control. N.D.C.C. § 23-12-09(2) states, in part: 23-12-09. SMOKING IN PLACES OF PUBLIC ASSEMBLY -- DEFINITIONS.- * * * 2. All buildings and other enclosed structures owned by the state, its agencies, or politi

N.D.A.G. Letter to Koland (May 5, 1987) May 5, 1987 Honorable Dave Koland State Representative P. O. Box 1486 Minot, North Dakota 58702 Dear Representative Koland: Thank you for your letter of April 15, 1987, concerning an opinion I issued on September 23, 1986, regarding real estate licensure of resident managers of apartment buildings or trailer courts. Your first question is whether this opinion has the full force and effect of law. The opinions of the Attorney General do not have the force and effect of law. The North Dakota Supreme Court has stated that although the opinions of th

N.D.A.G. Letter to Schulz (May 4, 1987) May 4, 1987 Ms. Wendy P. Schulz Stutsman County State's Attorney Stutsman County Courthouse 511 Second Avenue S.E. Jamestown, ND 58401 Dear Ms. Schulz: Thank you for your letter dated April 2, 1987, in which you requested an Attorney General's opinion regarding the admission of guide dogs and service dogs to places of public accommodation. The first question is whether N.D.C.C. § 25-13-02 creates an exception to the prohibition contained in N.D.C.C. § 19-02-24 and allows guide dogs and service dogs to be admitted to grocery stores, restaurants,

N.D.A.G. Letter to Macdonald (April 29, 1987) April 29, 1987 General Alexander P. Macdonald President Prairie Rose State Games 1424 West Century Avenue, Suite 202 Bismarck, ND 58501 Dear General Macdonald: Thank you for your recent letter dated April 1, 1987, regarding insurance coverage for the Prairie Rose State Games Program. You requested this office to express an opinion regarding whether the North Dakota Insurance Reserve Fund might be able to provide this insurance coverage. The North Dakota Insurance Reserve Fund is a private entity which provides an insurance pool for the par

N.D.A.G. Letter to Johnson (April 29, 1987) April 29, 1987 Mr. Dennis Edward Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of February 12, 1987, wherein you inquired about the taxable status of a certain land description located within McKenzie County. I apologize for the delay in responding to you. As I understand the facts in this case, the land in question was allotted by the federal government and is presently owned in fee patent by a Native American Indian who is an enrolled member of the Three Affiliated

N.D.A.G. Letter to Sorenson (April 22, 1987) April 22, 1987 Honorable William Sorenson State Representative 206 Estevan Drive Bismarck, ND 58501 Dear Representative Sorenson: We have received your request of this office to determine whether citizens have the right to initiate or refer park district ordinances. North Dakota law as, found at N.D.C.C. § 40-12-01, provides for the initiative and referendum to apply only to municipal ordinances of those cities operating under the commission and modern council systems of government except those cities adopting the eleven member form of counc

N.D.A.G. Letter to Sorenson (April 22, 1987) April 22, 1987 Honorable William Sorenson State Representative 206 Estevan Drive Bismarck, ND 58501 Dear Representative Sorenson: We have received your request of this office to determine whether citizens have the right to initiate or refer park district ordinances. North Dakota law as, found at N.D.C.C. § 40-12-01, provides for the initiative and referendum to apply only to municipal ordinances of those cities operating under the commission and modern council systems of government except those cities adopting the eleven member form of counc

N.D.A.G. Letter to Moore (April 21, 1987) April 21, 1987 Honorable Marshall W. Moore Chairman, Political Subdivisions Committee House of Representatives 3019 Peterson Parkway Fargo, ND 58102 Dear Representative Moore: Thank you for your letter of April 8, 1987, inquiring on behalf of Representative Jim Brokaw as to questions concerning park districts. Your first question is whether a park district may obtain tax moneys which were apparently levied on its behalf by a city some 8 to 10 years ago but were never delivered to the park district. We have attempted t

N.D.A.G. Letter to McLean (April 20, 1987) April 20, 1987 Mr. Stephen M. McLean City Attorney Oakes, ND 58474 Dear Mr. McLean: Thank you for your letter of March 27, 1987, regarding the City of Oakes' noise ordinance. The state of North Dakota has not formally adopted any rules regarding noise. Therefore, the state levels referred to in your correspondence are at the present time only recommendations. The State Department of Health is aware of the noise ordinance in effect in the City of Oakes and notes that it is comparable to other noise ordinances adopted by

N.D.A.G. Letter to Olson (April 16, 1987) April 16, 1987 Honorable John M. Olson Senate Minority Leader North Dakota Senate State Capitol Bismarck, ND 58505 Dear Senator Olson: Thank you for your letter of April 7, 1987, inquiring as to whether the State Board of Higher Education or the Legislative Assembly may change the name of a state institution of higher education without a constitutional amendment. As part of your inquiry, you have asked that I reconsider Attorney General’s Opinion 83-7 (1983 N.D. Op. Att’y Gen. 17). I have also received your letter of April 14,

N.D.A.G. Letter to Leingang (April 15, 1987) April 15, 1987 Mr. Robert J. Leingang Secretary-Inspector North Dakota State Plumbing Board 204 West Thayer Avenue Bismarck, ND 58501 Dear Mr. Leingang: Thank you for your letter of March 31, 1987, concerning the installation of household water heaters. North Dakota law, as found at N.D.C.C. § 43-18-11.1, provides that employees of dealers in household appliances need not be licensed when installing household appliances. There is no definition of the term "household appliances" within this statute. This statute was passed by the 1975 Legis

N.D.A.G. Letter to Meier (April 14, 1987) April 14, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of March 18, 1987, asking whether the Secretary of State should accept filings (North Dakota Central Notice System filings) on statutory liens that do not contain the signature of the debtor. First of all, I think it is important to note some applicable statutes. N.D.C.C. § 41-01-11 states, in part, as follows: 41-01-11. (1-201) GENERAL DEFINITIONS. 37. "Security interest" means an interest in personal pro

N.D.A.G. Letter to Seaworth (April 7, 1987) April 7, 1987 Mr. Hugh P. Seaworth Bismarck City Attorney 221 North Fifth Street P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Seaworth: Thank you for your letter of March 25, 1987, regarding N.D.C.C. §§ 48-02-12 and 40-13-05. Your first question concerns N.D.C.C. § 48-02-12 which makes it unlawful for any member, employee, or appointee of a governing body to be personally interested in public contracts. Your inquiry is whether this prohibition applies to public contracts or only those contracts subject to N.D.C.C. Ch. 48-02. This question has o

N.D.A.G. Letter to Myers (April 6, 1987) April 6, 1987 Mr. Earle R. Myers, Jr. Richland County State's Attorney Law Enforcement Center Wahpeton, ND 58075 Dear Mr. Myers: Thank you for your letter of March 23, 1987, concerning a proposed cooperative effort on behalf of several political subdivisions for the construction of a building. Your inquiry is whether such a proposal satisfies the requirement of N.D.C.C. 54-40-08 concerning the joint exercise of governmental powers. Enclosed you will find a copy of a letter written in 1978 by then Chief Deputy Attorney General VandeWalle respondi

N.D.A.G. Letter to Stefonowicz (April 1, 1987) April 1, 1987 Mr. Michael W. Stefonowicz Divide County State's Attorney 115 South Main P.O. Box 289 Crosby, ND 58730 Dear Mr. Stefonowicz: I am writing you as a follow-up to my earlier letter of February 26, 1987. In that letter, I agreed with your suggestion that one solution to the problem of overlapping rural ambulance service districts was a change of the boundaries of those service districts. I also suggested an alternative solution to this problem whereby taxpayers would appeal to their respective county boar

N.D.A.G. Letter to Tebelius (March 31, 1987) March 31, 1987 Mr. Mark A. Tebelius Harvey City Attorney 1012 Lincoln Avenue Harvey, ND 58341-1595 Dear Mr. Tebelius: Thank you for your letter of March 20, 1987, concerning a city of Harvey street improvement project. Your inquiry is whether the city council may change assessments to property located within the street improvement district after those assessments have been finalized and certified to the county auditor. We have reviewed the statutes found in N.D.C.C. Ch. 40-23 concerning the assessments of benefits

N.D.A.G. Letter to Redlin (March 30, 1987) March 30, 1987 Honorable Rolland W. Redlin State Senator Senate Chambers State Capitol Bismarck, North Dakota 58505 Dear Senator Redlin: Thank you for your letter of March 4, 1987, referring to my attention remarks made by Senator Dotzenrod and an inquiry from Senator Streibel concerning those remarks. The inquiry relates to whether Senator Dotzenrod's remarks were impermissible under N.D. Const. Art. IV, §9. N.D. Const. Art. IV, §9, basically provides that a legislator may not offer or promise to give his or her vote or influence in favor

N.D.A.G. Letter to Johnson (March 30, 1987) March 30, 1987 Mr. Dennis Edward Johnson McKenzie County State's Attorney P.0. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of March 17, 1987, requesting some help on a possible controversy within your county as to township elections. Apparently, someone who owns land in one township but lives in a neighboring township desires to run for a township office in the township in which he only owns land. It is assumed that the person claims as his residency the township in which he lives as opposed to the township in w

N.D.A.G. Letter to Bullinger (March 26, 1987) March 26, 1987 Mr. Kenan L. Bullinger Interim Assistant Director North Dakota State Laboratories Lock Box 937 Bismarck, ND 58502 Dear Mr. Bullinger: Thank you for your letter requesting a legal opinion regarding the registration of "economic poisons." You inquire whether the State Laboratories Department has the authority to deny registration of a pesticide product when the product bears a label that has been approved by the Environmental Protection Agency. The distribution and sale of pesticide products within the

N.D.A.G. Letter to Sinner (March 25, 1987) March 25, 1987 Honorable George A. Sinner Governor State Capitol Bismarck, North Dakota 58505 Dear Governor Sinner: Your office has asked for our opinion as to who will assume the powers and duties of the office of Governor while you are out of state. We conclude that when there is a vacancy in the Lieutenant Governor's office, the Secretary of State shall act as Governor during the Governor's absence from the state. There is an apparent conflict in the constitutional provisions and statutes relating to this issue. Under N.D. Const. Art.