North Dakota AG Opinions, 1986

N.D.A.G. Letter to Sillers (March 18, 1986) March 18, 1986 Mr. Cameron D. Sillers Cavalier County State's Attorney Cavalier County Courthouse 901 Third Street Langdon, ND 58429 Dear Mr. Sillers: Thank you for your letter of February 25, 1986, wherein you inquire whether a section line road used by the public and intersecting a township road is considered to be part of the township system. In a prior opinion of this office it was concluded that a board of township supervisors was vested with discretion in designating what roads constituted the township road system. 1983 N.D. Atty. Gen.

N.D.A.G. Letter to Ficek (March 18, 1986) March 18, 1986 Mr. Vince H. Ficek Dickinson City Attorney P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter of February 21, 1986, wherein you inquire whether the disability of an honorably discharged veteran of the United States armed forces must be service-connected under the property tax exemption provisions of N.D.C.C. § 57-02-08(20)(b). Enclosed is a copy of 1966 N.D. Atty. Gen. Op., 263. Based upon analysis of legislative history and statutory construction, the Attorney

N.D.A.G. Letter to Wold (March 14, 1986) March 14, 1986 Mr. James W. Wold Griggs County State's Attorney Griggs County Courthouse P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of March 5, 1986, inquiring as to whether the question of discontinuing a job development authority which had been created by the board of county commissioners may be placed on the ballots of the next regular election. N.D.C.C. § 11-11.1-01 states, in part, as follows: 11-11.1-01. JOB DEVELOPMENT AUTHORITY --BOARD OF DIRECTORS' MEMBERS QUALIFICATIONS. . . .If the authorit

N.D.A.G. Letter to Lovell (March 14, 1986) March 14, 1986 Mr. Orrin B. Lovell Golden Valley County State's Attorney Box 38 Beach, ND 58621 Dear Mr. Lovell: Thank you for your letter of March 6, 1986, concerning the possibility of transferring property between Billings and Golden Valley Counties. Your letter concerns N.D.C.C. §11-06-02 and its effect upon the proposed transfer of property between these counties. N.D.C.C. §11-06-02 prohibits a transfer of property between counties where such a transfer reduces in one county the number of congressional townships to less than 24 or reduce

N.D.A.G. Letter to Duppler (March 14, 1986) March 14, 1986 Mr. Alan K. Duppler Mercer County State's Attorney Mercer County Courthouse Stanton, North Dakota 58571 Dear Mr. Duppler: Thank you for your letter of January 16, 1986, requesting an opinion on two questions. The first question is whether a county board of commissioners may set a sale price in excess of the amount stated in the notice to effect a redemption, plus the total amount of all subsequent taxes with interest, penalties and costs, when property is being repurchased pursuant to N.D.C.C. § 57-28-19.

N.D.A.G. Letter to Herauf (March 13, 1986) March 13, 1986 Mr. William A. Herauf Ficek Law Office 41 1st Avenue West P.O. Box 866 Dickinson, ND 58601 Dear Mr. Herauf: Thank you for your letter of February 25, 1986, concerning the ability of a township to rebate township revenues which have accumulated in savings. We have reviewed N.D.C.C. Ch. 58-03 and concur with your conclusion that current statutes do not authorize township boards to rebate unused funds. Instead, we believe the procedures to abate a refund tax, as outlined in N.D.C.C. Ch. 57-23, is the only procedure available for t

N.D.A.G. Letter to Hagerty (March 13, 1986) March 13, 1986 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Hagerty: Thank you for your letter of February 18, 1986, concerning a payment to be made by the Burleigh County Board of County Commissioners to the Bismarck Economic Development Committee. According to your letter, this payment is to be used in the economic development of Burleigh County. I have also received a letter from Myron Atkinson indicating that the proposed payment

N.D.A.G. Letter to Wheelihan (March 12, 1986) March 12, 1986 Mr. David M. Wheelihan Diemert & Wheelihan, P.C. Attorneys for the City of Ellendale 19 First Avenue South P.O. Box 39 Ellendale, ND 58436-0039 Dear Mr. Wheelihan: Thank you for your letter of February 6, 1986, in which you inquire whether a petition of qualified electors requesting the state auditor to perform a financial audit of the city of Ellendale is a public record subject to review by the public. Access to public records is governed by N.D.C.C. §44-04-18 which states as follows: 44-04-18. ACCESS TO PUBLIC RECORDS -

N.D.A.G. Letter to Wheelihan (March 12, 1986) March 12, 1986 Mr. David M. Wheelihan Ellendale City Attorney 59 First Avenue South P. O. Box 39 Ellendale, ND 58436 Dear Mr. Wheelihan: Thank you for your letter of February 6, 1986, concerning the ability of a city to act as its own general contractor for a water main project financed through special assessments. There appears to be little doubt but that a city has the authority to acquire, own, operate, maintain, and improve the needed facilities to insure a supply of water for the needs of the inhabitants of the city. N.D.C.C.

N.D.A.G. Letter to Eiken (March 12, 1986) March 12, 1986 Mr. Doug Eiken, Director North Dakota Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, ND 58501 Dear Mr. Eiken: Thank you for your letter of January 16, 1986, concerning the establishment of rules and regulations for the management and use of nature preserves. N.D.C.C. § 55-11-11 provides that nature preserves shall be managed and protected in the manner approved by, and subject to the rules and regulations established by, the Department of Parks and Recreation. Further, N.D.C.

Date Issued: March 12, 1986 (AGO 86-12) Requested by: Alfred A. Thompson Burleigh County Water Resource District - QUESTIONS PRESENTED - I. Whether the responsibility for construction or reconstruction of a revetment lies with the water resource board or with the board of county commissioners. II. Whether a water resource board may finance a project to reconstruct a revetment work by special assessments. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that, the respons

N.D.A.G. Letter to Alexander (March 7, 1986) March 7, 1986 Mr. Robert E. Alexander Beulah City Attorney Hagen, Quast & Alexander P.O. Box 249 Beulah, ND 58523 Dear Mr. Alexander: Thank you for your letter of February 21, 1986, inquiring as to the comprehensiveness of extraterritorial zoning by a city pursuant to N.D.C.C. § 40-47-01.1. According to your letter, Beulah has a population of less than 5,000 people. N.D.C.C. §40-47-01.1(1) provides that the governing body of a city with a population of less than 5,000, may extend the application of the city's zoning regulations to each quar

Date Issued: March 7, 1986 (AGO 86-11) Requested by: Hugh P. Seaworth Bismarck City Attorney - QUESTION PRESENTED - Whether an ordinance authorizing a sales and use tax enacted pursuant to a home rule city charter may be referred to the electors of the city. - ATTORNEY GENERAL'S OPINION - It is my opinion that an ordinance authorizing a sales and use tax enacted pursuant to a home rule charter may not be referred to the electors of the city. - ANALYSIS -

N.D.A.G. Letter to Lundberg (March 6, 1986) March 6, 1986 Honorable Jane M. Lundberg Commissioner Department of Banking and Financial Institutions State Capitol Bismarck, ND 58505 Dear Commissioner Lundberg: Thank you for your letter of December 30, 1985, in which you inquire as to the constitutionality of applying N.D.C.C. § 6-03-59, regarding loan limitations to one borrower or concern, to preexisting contracts. The police power of a state extends to the regulation of banks chartered under state law. Noble State Bank v. Haskell , 219 U.S. 104, 111 (1

N.D.A.G. Letter to Boyum (March 6, 1986) March 6, 1986 Mr. Arne F. Boyum Attorney at Law P.O. Box 908 Rolla, ND 58367 Dear Mr. Boyum: Thank you for your letter of February 14, 1986, inquiring as to the eligibility of an individual to serve as municipal judge in a city with a population of less than 3,000 where that person does not live in the city and is not a qualified elector within the city. In 1966, this office had the occasion to issue an opinion on the question of whether a person desiring to run for municipal judge must comply with the residency requirement of N.D.C.C. § 40-

N.D.A.G. Letter to Eppler (Feb. 28, 1986) February 28, 1986 Mr. Don B. Eppler City Attorney P.O. Box 511 Lisbon, ND 58054 Dear Mr. Eppler: Thank you very much for your letter of February 7, 1986, concerning whether minors may be allowed to clean a licensed liquor establishment on Sundays. I believe that your literal interpretation of N.D.C.C. §5-01-08 is the correct one. That interpretation being that a minor may never enter a licensed liquor establishment "where alcoholic beverages are being sold or displayed at any time" (emphasis added). If the owner of the bar in Lisbon were to

N.D.A.G. Letter to Lamb (Feb. 27, 1986) February 27, 1986 Mr. Joseph S. Lamb Executive Vice President The Bank of North Dakota Bismarck, ND 58502-5509 Dear Joe: Thank you for your letter dated January 9, 1986, in which you ask whether the Bank may only take a first or a second mortgage as security for a loan from the revolving loan fund established under N.D.C.C. §6-09-15.5, or whether it would also be permissible for the Bank to take other collateral, such as an assignment of a vendee's interest in a contract for deed as security for a loan. After reviewing the statute in question and

Date Issued: February 27, 1986 (AGO 86-10) Requested by: David M. Wheelihan Ellendale City Attorney - QUESTION PRESENTED - Whether the effective dates of 1985 N.D. Session Laws 601, section 1, create a period of ineligibility for the single family residential property tax exemption originally established by 1983 N.D. Session Laws 597, section 1. - ATTORNEY GENERAL'S OPINION - It is my opinion that the effective dates of 1985 N.D. Session Laws 601, section 1, create

N.D.A.G. Letter to Nelson (Feb. 25, 1986) February 25, 1986 Ms. Carol Nelson Barnes County State's Attorney P. O. Box 209 Valley City, ND 58072 Dear Ms. Nelson: Thank you for your letter of January 30, 1986, concerning the Sunday closing law and the grocery store exemption. According to your letter, you are inquiring as to whether the presence of employees within a grocery store performing inventory tasks causes such employees to be counted in determining whether the store may be open on a Sunday. N.D.C.C. § 12.1-30-03(30) allows food stores to operate on a Sunday so long as the food s

Date Issued: February 14, 1986 (AGO 86-9) Requested by: Earle R. Myers, Jr., Richland County State's Attorney - QUESTIONS PRESENTED - I. Whether N.D.C.C. section 5-01-07 is mandatory in its application toward all beer and liquor licenses issued by a board of county commissioners for businesses located outside the corporate limits of a city but within an organized township. II. Whether N.D.C.C. section 5-01-07 requires written approval of a beer or liquor license by a

N.D.A.G. Letter to Gregg (Feb. 13, 1986) February 13, 1986 Mr. John R. Gregg Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Mr. Gregg: Thank you for your letter of December 26, 1985, posing four individual questions to this office for answers. I apologize for the delay in responding to you. However, the varied subject matters covered by your opinion request necessitated my dividing up your request amongst several attorneys for legal research purposes. Your first question concerns the inherent authority of the court to issue an Order to Apprehend and its applicat

Date Issued: February 13, 1986 (AGO 86-8) Requested by: John R. Gregg Bottineau County State's Attorney - QUESTION PRESENTED - Whether a county court must furnish a jailer with an order of commitment pursuant to N.D.C.C. section 12-44.1-11 where a person arrested has appeared initially before a magistrate for the setting of bond and the original warrant for arrest has been returned to the court. - ATTORNEY GENERAL'S OPINION - A county court need not furnish a ja

N.D.A.G. Letter to Marion (Feb. 12, 1986) February 12, 1986 Mr. James L. Marion Clerk, North Dakota Parole and Probation P. O. Box 5521 Bismarck, ND 58502 Dear Mr. Marion: Thank you for your letter of January 28, 1986, inquiring as to whether the Notice of Application for Parole and its responses are confidential. With respect to parole records, N.D.C.C. §12-59-04 provides that presentence reports, pre-parole reports and supervision histories, which are obtained by any employee or member of the board in the discharge of an official duty, shall be privileged information and shall not be

N.D.A.G. Letter to Gerntholz (Feb. 12, 1986) Overruled by N.D.A.G. 99-F-07 February 12, 1986 Honorable Gerald F. Gerntholz North Dakota State Representative District 24 RR 1 - Box 40 Sanborn, ND 58480 Dear Representative Gerntholz: Thank you for your letter of January 17, 1986, requesting an opinion as to the circumstances, if any, by which townships may reacquire the power to enact zoning regulations after relinquishing such power to the county as provided for N.D.C.C. § 11-33-20. Enclosed you will find a copy of an opinion issued by

N.D.A.G. Letter to Haskell (Feb. 10, 1986) February 10, 1986 Mr. Bruce Haskell Morton County Assistant State's Attorney P. O. Box 190 Mandan, ND 58554 Dear Mr. Haskell: Thank you for your letter of January 9, 1986, regarding your investigation of the Flasher School District elections. N.D.C.C. Ch. 16.1-07 governs absent voters ballots and absentee voting. The actual distribution of absentee ballots is strictly regulated pursuant to N.D.C.C. 16.1-07-08 which provides, in part, as follows: 16.1-07-08. DELIVERING BALLOTS - ENVELOPES ACCOMPANYING - STATEMENT ON ENVELOPE

Date Issued: February 6, 1986 (AGO 86-7) Requested by: Dale L. Henegar, Commissioner North Dakota Game and Fish Department - QUESTIONS PRESENTED - I. Whether the procedures of N.D.C.C. sections 20.1-01-28 and 20.1-01-29 are applicable to noncriminal violations of rules approved by the game and fish commissioner pursuant to N.D.C.C. section 20.1-02-05(24) and of an order or proclamation of the Governor pursuant to N.D.C.C. section 20.1-08-01. II. Whether a person charged with

Date Issued: February 6, 1986 (AGO 86-6) Requested by: Stuart A. Larson Traill County State's Attorney - QUESTION PRESENTED - Whether the deadline for the five percent discount on real estate tax payments authorized by N.D.C.C. section 57-20-09 continues to be February fifteenth prior to the date of delinquency when that day falls on a Saturday. - ATTORNEY GENERAL'S OPINION - It is my opinion that the deadline for the five percent discount on real estate tax p

N.D.A.G. Letter to Eckroth (Feb. 5, 1986) February 5, 1986 Honorable Anthony G. Eckroth State Representative 1701 2nd Street N.E. Mandan, North Dakota 58554 Honorable Walter A. Meyer State Senator 700 Old Red Trail Mandan, North Dakota 58554 Dear Representative Eckroth and Senator Meyer: I am writing to you in regard to my letter of January 17, 1986, pertaining to the referral of a county job development authority. The information contained in my answer to your question was a correct analysis of the law. However, it has been brought to our attention that Morton County did not c

Office of the Attorney General State of North Dakota Opinion No. 86-5 Date Issued: January 30, 1986 Requested by: Governor George A. Sinner --QUESTIONS PRESENTED-- I. Whether N.D.C.C. Ch. 28-29 is in effect. II. Whether N.D.C.C. Ch. 28-29 is constitutional. III. Whether N.D.C.C. Ch. 28-29 applies to federal land banks and production credit associations. IV. Whether N.D.C.C. Ch. 28-29 applies to the Farmers Home Administration and the Small Business Administration. --ATTORNEY GENERAL'S OPINION-- I. It is my opinion that N.D.C.C. Ch. 28-29 is in effect. II.

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 86-4 Date Issued: January 29, 1986 Requested by: Vernon Fahy, State Engineer North Dakota State Water Commission - QUESTIONS PRESENTED - I. Whether N.D.C.C. § 61-24.3-03 authorizes the State Water Commission to acquire without compensation a right of way over original school and institutional lands for construction of the Southwest Pipeline Project. II. Whether Article IX, Section 6 of the North Dakota Constitution authorizes the State Water Commission to acquire a right of way over original school and institutional lands by private

Date Issued: January 29, 1986 (AGO 86-3) Requested by: Walter R. Hjelle, State Highway Commissioner - QUESTIONS PRESENTED - I. Whether the highway commissioner had the authority to issue single-trip permits for the operation of an overweight vehicle, including one carrying a divisible load, on July 1, 1956. II. Whether, as of January 4, 1975, the motor vehicle weight laws of the State of North Dakota provided for the non-permitted operation of a vehicle with a tan

N.D.A.G. Letter to Enget (Jan. 28, 1986) January 28, 1986 Mr. Wade G. Enget Mountrail County State's Attorney Mountrail County Courthouse P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter of January 21, 1986, concerning the scope of N.D.C.C § 23-27-04.1 as to liability for volunteer ambulance associations. Enclosed you will find copies of letters written on this particular subject over the last few years. In both letters, the general thrust of this particular statute is restated. Simply put, the statute attempts to grant a qualified for

N.D.A.G. Letter to McLean (Jan. 27, 1986) January 27, 1986 Mr. Stephen M. McLean, Ltd. City Attorney City of Oakes Oakes, ND 58474 Dear Mr. McLean: Thank you for your letter of January 9, 1986, inquiring as to whether a police ticket book is subject to the open records law of this state. The 1979 Attorney General's opinion discussed in your letter continues to be the standard by which the determination is made whether a law enforcement record is subject to public disclosure pursuant to the open records law of this state. This opinion sought to balance the public policy regarding the pu

N.D.A.G. Letter to Kessel (Jan. 27, 1986) January 27, 1986 Mr. Theodore Kessel, Jr. City Attorney of LaMoure 19 1st Avenue S.E. P.O. Box 216 LaMoure, ND 58458-0216 RE: Request for Attorney General's opinion concerning surplus mill levy funds in airport authority accounts Dear Mr. Kessel: Thank you for your letter dated November 21, 1985, in which you requested an Attorney General's opinion on two questions regarding surplus moneys in the sinking fund of an airport authority. You stated as follows: In 1970 the LaMoure Airport Authority purchased land and constructed an airport near L

N.D.A.G. Letter to Jones (Jan. 27, 1986) January 27, 1986 Honorable Kent Jones Commissioner of Agriculture Chairman, Seed Commission Department of Agriculture State Capitol Bismarck, ND 58505 Dear Mr. Jones: Thank you for your letter of January 10, 1986, concerning the use and misuse of the State Seed Department's seal and its certified seed tag. N.D.C.C. Ch. 4-09 (State Seed Department) contains a number of statutes which specifically relate to the questions you ask. N.D.C.C. § 4-09-04 requires that the official seal of the seed department shall be used exclusi

N.D.A.G. Letter to Hengar (Jan. 27, 1986) January 27, 1986 Mr. Dale L. Henegar Commissioner North Dakota Game & Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Commissioner Henegar: Thank you for your letter of January 10, 1986, concerning a proposal to issue a special hunting license to landowners in place of the free license to which they are now entitled by statute. As I understand your proposal, individuals owning land within an area open for the hunting of deer may be given a license to hunt not only on the land owned or leased, but in the entire unit wh

N.D.A.G. Letter to Wheelihan (Jan. 24, 1986) January 24, 1986 Mr. David M. Wheelihan Ellendale City Attorney 59 First Avenue South P.O. Box 39 Ellendale, ND 58436 Dear Mr. Wheelihan: Thank you for your letter of January 8, 1986, inquiring as to whether a municipality which has granted itself a franchise for the operation of a cable television system may finance the construction of that system by the use of revenue bonds. North Dakota law, as found at N.D.C.C. § 40-35-20, allows the use of revenue bonds for a municipal undertaking which are used in connection with some seven specific p

N.D.A.G. Letter to Lamb (Jan. 24, 1986) January 24, 1986 Mr. Joseph S. Lamb Executive Vice President Bank of North Dakota 700 East Main P. O. Box 5509 Bismarck, North Dakota 58502-5509 Dear Mr. Lamb: Thank you for your letter of December 17, 1985, concerning the recordability of a sheriff's deed issued to the Bank of North Dakota on a Board of University and School Lands loan pool mortgage foreclosure. I understand from your letter that a sheriff's deed has been issued on land on which there are delinquent taxes due and the register of deeds has refused to record this sheriff's deed p

N.D.A.G. Letter to Bonner (Jan. 24, 1986) January 24, 1986 Ms. Margy Bonner Williston City Attorney P.O. Box 1306 Williston, ND 58802 Dear Ms. Bonner: Thank you for your letter of January 9, 1986, concerning the ability of a city to enforce its own building code without compliance with the State Building Code as found in N.D.C.C. Ch. 54-21.3. A portion of the State Building Code, N.D.C.C. § 54-21.3-05, provides a city with the authority to enforce the State Building Code if it so desires. There is no requirement that the State Building Code be enforced by a city. Furthermore, N.D.C.C.

N.D.A.G. Letter to Zink (Jan. 21, 1986) January 21, 1986 Mr. LaVerne L. Zink Executive Secretary North Dakota State Board of Registration for Professional Engineers and Land Surveyors P. O. Box 1357 Bismarck, ND 58502 Dear Mr. Zink: Thank you for your letter of November 18, 1985, regarding registration of engineers by examination or endorsement of registration from another state. Your letter indicates that the basis for your request involves an applicant from another state who is seeking registration in North Dakota. My understanding of your statement of the facts is as follows: An

N.D.A.G. Letter to Hope (Jan. 21, 1986) January 21, 1986 Mr. James Hope Assistant Stark County State's Attorney P. O. Box 130 Dickinson, North Dakota 58601 Dear Mr. Hope: Thank you for your letter of November 15, 1985, concerning interest on judgments. N.D.C.C. §28-20-34 states: 28-20-34. INTEREST RATE ON JUDGMENTS. Interest shall be payable on judgments recovered in the courts of this state at the same rate as is provided in the original instrument upon which the action resulting in the judgment is based, which rate shall not exceed the maximum rate provided in section 47-14-09

N.D.A.G. Letter to Swanson (Jan. 20, 1986) January 20, 1986 Mr. Howard W. Swanson Assistant City Attorney P.O. Box 1950 Grand Forks, ND 58206 Dear Mr. Swanson: Thank you for your letter of January 6, 1986, posing two questions concerning special meetings of the city council and reconsideration of earlier action by the council. As to your first question concerning special city council meetings, North Dakota law, as found in N.D.C.C. § 40-08-10 provides, in part, as follows: The city council shall hold its regular meetings at least once a month on or before the fifteenth day of the mont

N.D.A.G. Letter to Schnell (Jan. 20, 1986) January 20, 1986 Mr. Richard L. Schnell Morton County State's Attorney P. O. Box 190 Mandan, North Dakota 58554 Dear Mr. Schnell: Thank you for your letter of January 3, 1986, concerning indigent defense contracts awarded by Morton County. Although your letter does concern the subject of indigent defense contracts, the questions you have posed involve a delicate balancing of the responsibilities of two branches of government; namely, the executive and judicial branches. At issue are the responsibilities and interactions between

Date Issued: January 20, 1986 (AGO 86-2) Requested by: Robert Priebe, Chairman Divide County Water Resource District - QUESTIONS PRESENTED - I. Whether a water resource board may accumulate funds for future projects. II. Whether there are any limitations placed upon funds accumulated by a water resource board. III. Whether the board of county commissioners may transfer funds from the water resource district's account to the county general fund. - ATTORNEY GENERAL'S OPINION -

N.D.A.G. Letter to Thane (Jan. 17, 1986) January 17, 1986 Honorable Russell T. Thane State Senator Route 1, Box 142 Wahpeton, North Dakota 58075 Dear Senator Thane: Thank you for your letter of December 24, 1985, concerning the application of North Dakota's secured transactions law to loans made by the Commodity Credit Corporation (CCC) to various cooperatives for processed sugar. Specifically, your request concerns the central notice filing provisions found in N.D.C.C. Ch. 41-09, particularly §41-09-28 ( see 1985 N.D. Sess. Laws 472). Based on the information you have supplied and t

N.D.A.G. Letter to Eckroth (Jan. 17, 1986) January 17, 1986 Honorable Anthony G. Eckroth Representative 1701 Second Street N.E. Mandan, ND 58554 Honorable Walter A. Meyer Senator 700 Old Red Trail Mandan, ND 58554 Dear Representative Eckroth and Senator Meyer: Thank you for your recent letter regarding the referral of a county job development authority. The referral of a county job development authority is governed by N.D.C.C. § 11-11.1-01 which provides in part: 11-11.1-01. JOB DEVELOPMENT AUTHORITY - BOARD OF DIRECTORS' MEMBERS QUALIFICATIONS. The board of county com

N.D.A.G. Letter to Hoy (Jan. 13, 1986) January 13, 1986 Mr. Robert G. Hoy Cass County State's Attorney Cass County Courthouse P.0. Box 2806 Fargo, ND 58108 Dear Mr. Hoy: Thank you for your letter of November 13, 1985, on the issue of whether N.D.C.C. § 23-06-03 permits the county to provide and pay for cremation of indigent decedents in lieu of burial. N.D.C.C. §23-06-03 provides, in part: 23-06-03. DUTY OF BURIAL. The duty of burying the body of a deceased person devolves upon the following persons: * * * * 4. If the deceased is survived by no person described