North Dakota AG Opinions, 1987

N.D.A.G. Letter to Neugebauer (March 19, 1987) March 19 1987 Mr. Brian D. Neugebauer West Fargo City Attorney P.O. Box 458 West Fargo, ND 58078-058 Dear Mr. Neugebauer: Thank you for your letter dated March 2, 1987. You have requested an opinion from me as to the liability of the city of West Fargo concerning the payment of medical costs of a person who was at one time arrested upon a West Fargo Municipal Court warrant. The factual situation set forth in your letter, especially as it relates to what was known or not known by St. John's Hospital at the time of providing medical care doe

N.D.A.G. Letter to Enget (March 19, 1987) Overruled in part by N.D.A.G. 98-L-120 March 19, 1987 Mr. Wade G. Enget Mountrail County State's Attorney Mountrail County Courthouse Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter of March 6, 1987, regarding the Weather Modification Board of Mountrail County. According to your letter, the Weather Modification Board of Mountrail County was initially established by petition in 1970. We assume your reference to the establishment of the Board by petition refers to N.D.C.C. § 61-04.1-23 which describes the manner in which a weather mo

N.D.A.G. Letter to Diemert (March 19, 1987) March 19, 1987 Mr. Daniel G. Diemert Ellendale City Attorney P. O. Box 39 Ellendale, North Dakota 58436 Dear Mr. Diemert: Thank you for your letter of February 24, 1987, inquiring as to the ability of a city to issue general obligation bonds for the purpose of providing funding to a park district so as to allow the park district to build a public swimming pool. N.D.C.C. § 21-03-06 allows political subdivisions to borrow money through the issuance of bonds. Subsection 6 of this statute allows park districts to borrow money by the issuance of b

N.D.A.G. Letter to Vander Vorst (March 18, 1987) Superseded by N.D.A.G. 94-F-16 March 18, 1987 Mr. Blake Vander Vorst Executive Secretary North Dakota State Soil Conservation Committee State Highway Building Second Floor State Capitol Bismarck, ND 58505 Dear Mr. Vander Vorst: Thank you for your letter of March 16, 1987, concerning the effect of Senate Bill 2056 and Senate Bill 2059 on the North Dakota Soil Conservation Districts. Specifically, you inquire whether those two bills, if passed, would apply to soil conservation districts. Senate Bill 2056 amends N.D.C.C. § 9-10-07 rela

Date Issued: March 18, 1987 (AGO 87 06) Requested by: M. K. Heidi Heitkamp, Tax Commissioner - QUESTION PRESENTED - Whether the North Dakota ad valorem tax on air carrier transportation personal property is an "in lieu" tax within the meaning of the exception to the anti-discrimination provisions of 49 U.S.C. section 1513(d). - ATTORNEY GENERAL'S OPINION - It is my opinion that the North Dakota ad valorem tax on air carrier transportation personal property is an

N.D.A.G. Letter to Person (March 17, 1987) March 17. 1987 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of March 2, 1987, in which you asked my opinion on two issues. First, whether the medical records under N.D.C.C. Ch. 54-52.1 held by the Retirement Board's claims administrator are the property of the Public Employees Retirement System. Second, whether those medical records are open to the public. N.D.C.C. § 54-52.1-04.2 provides that

N.D.A.G. Letter to Hoy (March 13, 1987) March 13, 1987 Mr. Robert G. Hoy Cass County State's Attorney P.O. Box 2806 Fargo, ND 58108 Dear Mr. Hoy: Thank you for your letter of January 26, 1987, wherein you expressed your disagreement with my letter opinion on a county's responsibility for a section of highway removed from the county highway system pursuant to N.D.C.C. § 24-05-16. I apologize for the delay in responding to you. Your disagreement covers three specific points. Your first concern addresses the county's maintenance responsibility on a segment of highway removed from the coun

N.D.A.G. Letter to Stenehjem (March 6, 1987) March 6, 1987 Honorable Wayne Stenehjem State Senator District 42 Senate Chambers State Capitol Bismarck, ND 58505 Dear Senator Stenehjem: Thank you for your letter of January 3, 1987, pertaining to a city of Grand Forks ordinance which charges a service fee to the University of North Dakota for excess fire department calls. Your first question is whether a home rule city may require a state institution, such as the University of North Dakota, to pay an assessment for fire calls within the city limits of that city. The powers of a home rule

N.D.A.G. Letter to Meier (March 4, 1987) March 4, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, North Dakota 58505 Dear Secretary of State Meier: Thank you for your letter of March 3, 1987, concerning the filing of a calendar year report by registered lobbyists. N.D.C.C. § 54-05.1-03(2) requires a registered lobbyist to file a yearly report with the Secretary of State indicating each expenditure, if any, of $25.00 or more expended during the year "on any individual." Thus, by the very words of the statute, the report required from registered lobbyists must include

N.D.A.G. Letter to Jones (March 3, 1987) March 3, 1987 Honorable Kent Jones Commissioner of Agriculture Department of Agriculture State Capitol Bismarck ND 58505 Dear Commissioner Jones: Thank you for your letter of February 18, 1987, concerning suspension or revocation of beekeeping licenses. N.D.C.C. § 4-12.2-22 lists available remedies for violation of the beekeeping laws. The remedies listed include a class A misdemeanor for violation of any of the beekeeping laws; a civil penalty not to exceed $5,000 for each violation; civil action by the Department;

N.D.A.G. Letter to Johnson (March 2, 1987) March 2, 1987 Mr. Dennis Edward Johnson McKenzie County State's Attorney P. O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: As a follow-up to my letter of August 4, 1986, I am forwarding to you the results of the research performed by my staff concerning the priority of rights of way and canal easements. McKenzie County officials are in a dispute with members of the Lower Yellowstone Irrigation Project. The irrigators maintain canals next to section line roads and, I understand, the canals actually infringe upon th

N.D.A.G. Letter to Stefonowicz (Feb. 26, 1987) February 26, 1987 Mr. Michael W. Stefonowicz Divide County State's Attorney 115 South Main P.O. Box 289 Crosby, ND 58730 Dear Mr. Stefonowicz: Thank you for your letter of February 10, 1987, in which you request possible remedies to the overlapping rural ambulance service districts in Divide County. In your letter, you suggest that an apparent solution to the problem would be to require a change of boundaries pursuant to N.D.C.C. § 11-28.3-13. This would require one of the service districts to request a boundary change and proceed in the

N.D.A.G. Letter to Koland (Feb. 26, 1987) February 26, 1987 Honorable Dave Koland House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Koland: In a letter dated January 27, 1987, House Majority Leader Earl Strinden forwarded your request for an Attorney General's opinion on Senate Bill No. 2173. The request appears to raise the issue of whether the bill places an unreasonable burden on interstate commerce in violation of the United States Constitution by regulating out-of-state pharmacies and requiring them to register with the North Dakota Board of Pharmacy if

N.D.A.G. Letter to Stefonowicz (Feb. 25, 1987) February 25, 1987 Mr. Michael W. Stefonowicz Divide County State's Attorney 115 South Main P.O. Box 289 Crosby, ND 58730 Dear Mr. Stefonowicz: Thank you for your letter of January 20, 1987, wherein you made an inquiry as to a board of county commissioner's authority to alter the terms of a farm-to-market road program approved by the voters on September 1, 1970. You also inquire concerning the farm-to-market road program, concerning the expenditure of excess funds from the tax levy, the existence of rules and regulat

N.D.A.G. Letter to Hanson (Feb. 25, 1987) February 25, 1987 Mr. Robert E. Hanson State Treasurer State Capitol Bismarck, ND 58501 Dear Mr. Hanson: Thank you for your letter of January 29, 1987, concerning the State Treasurer's duty under N.D.C.C. § 54-27-15.1 to compile a list of state checks that are more than six years old and remain uncashed and to credit the state's general fund for such amount. You specifically ask whether Teachers' Fund for Retirement (TFFR) annuitant checks that satisfy the criteria of 54-27-15.1 should be credited to the TFFR fund rather than the state's general

Date Issued: February 25, 1987 (AGO 87-05) Requested by: Honorable Richard W. Kloubec Speaker, House of Representatives - QUESTION PRESENTED - Whether an initiated measure approved by the electors may be amended or repealed by less than a two-thirds vote of the Legislative Assembly where the Legislature's amendment or repeal is enacted less than seven years after the initiated measure's effective date but becomes effective after that seven year period has passed. - AT

N.D.A.G. Letter to Sinner (Feb. 24, 1987) February 24, 1987 Honorable George A. Sinner Governor of North Dakota State Capitol Bismarck, ND 58505 Dear Governor Sinner: Thank you for your letter dated January 19, 1987, in which you raise two questions concerning the Farm Operating Loan Program established by N.D.C.C. Ch. 6-09.9. The two questions you raise are as follows: 1. Whether the program may continue beyond June 30, 1987, the date on which the appropriation for the interest rate buydown fund expires and on which funds remaining in the interest rate buydown fund are to be return

N.D.A.G. Letter to Koppy (Feb. 23, 1987) February 23, 1987 Mr. Allen Koppy Morton County State's Attorney Morton County Courthouse 210 Second Avenue N.W. Mandan, ND 58554 Dear Mr. Koppy: Thank you for your letter of February 9, 1987, inquiring as to the ability of the Morton County Board of County Commissioners to amend the county budget or to transfer county moneys from one fund to another in order to pay for a special election which may occur this year. According to your letter, no appropriation has been made in the current county budget to pay for a special statewide election in fis

Overruled by N.D.C.C. § 14-08.1-05(1) (see N.D.A.G. Letter to Riha (Dec. 31, 1987) Date Issued: February 23, 1987 (AGO 87-04) Requested by: Owen K. Mehrer, Stark County State's Attorney - QUESTION PRESENTED - I. Whether the term "court decrees" as used in N.D.C.C section 14-08-07(1), refers to interim orders for support as provided for in N.D.C.C. section 14-05-23 and Rule 8.2 of the North Dakota Rules of Court. II. Whether the phrase "judgment or order," as used in Section 2 of House Bill No. 1903, as enacted by the Fiftieth Legislative Assembly in special session, includes interim orders

N.D.A.G. Letter to Parie (Feb. 20, 1987) February 20, 1987 Mr. William Patrie Director North Dakota Economic Development Commission Liberty Memorial Building Bismarck, ND 58505 Dear Mr. Patrie: Thank you for your memorandum of January 20, 1987, in which you inquire whether the Economic Development Commission (EDC) may accept a user fee from North Dakota companies for the purpose of assisting these businesses with the marketing and selling of their goods and services to the federal government. You also inquire whether such funds can be deposited into a special account rather than going

N.D.A.G. Letter to Mehrer (Feb. 19, 1987) February 19, 1987 Mr. Owen K. Mehrer Stark County State's Attorney Box 130 Dickinson ND 58601 Dear Mr. Mehrer: Thank you for your letter of December 30, 1986, requesting an Attorney General's opinion on the issue of representation on a district health board. The portions of N.D.C.C. § 23-14-04 which mandate specific representation on a district health board, and are applicable to all of the questions outlined in your letter, include the following: 23-14-04. DISTRICT BOARD OF HEALTH. A district health unit shall be organized by the appointment

N.D.A.G. Letter to Goetz (Feb. 18, 1987) February 18, 1987 Honorable William G. Goetz Vice Chairman Finance & Taxation Committee House of Representatives State Capitol Bismarck, North Dakota 58505 Dear Representative Goetz: Thank you for your letter dated February 12, 1987, requesting my opinion as to whether a statute enacted by the Legislative Assembly providing for a retroactive tax exemption from the privilege tax on coal conversion facilities would constitute a donation in violation of N.D. Const. Art. X, §18. N.D. Const. Art. X, §18 provides, in part, that "ne

N.D.A.G. Letter to Robb (Feb. 17, 1987) February 17, 1987 Ms. Jane S. Robb Director North Dakota State Laboratories Lock Box 937 Bismarck, ND 58502 Dear Ms. Robb: Thank you for your letter of February 5, 1987, inquiring as to the State Laboratories Department's ability to impose upon and collect a petroleum inspection fee from the initial user of certain fuels of this state. Specifically, you inquire as to whether the initial person who ships, transports, or holds certain fuels for sale or consignment may be subjected to the inspection fee requirements of N.D.C.C. § 19-10-19. Through

N.D.A.G. Letter to Meyer (Feb. 17, 1987) February 17, 1987 Senator Dean Meyer District 36 State Senate State Capitol Bismarck, ND 58505 Dear Senator Meyer: Thank you for your opinion request as to the constitutionality of Senate Bill No. 2319. Senate Bill No. 2319 establishes a method of betting on horse races based upon a certificate system. The certificate system allows a licensee to receive money from any person present at a race who desires to bet on any horse entered in that race. A person betting on a horse to win acquires an interest in the total money bet on all horses in

N.D.A.G. Letter to Meier (Feb. 17, 1987) February 17, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of January 8, 1987, concerning Section 1324 of the Food Security Act of 1985 (Protection for Purchasers of Farm Products) (hereinafter "the Statute) Pub.L. 99-198, 99 Stat. 1535, 7 U.S.C. 1631, and specifically your questions concerning the use by secured parties of North Dakota's central filing system. I apologize for the delay in responding to your letter, however, I wanted to study the legislative history be

N.D.A.G. Letter to Kubik (Feb. 17, 1987) February 17, 1987 Mr. Joseph H. Kubik Dunn County State's Attorney 26 East 3rd Street P.O. Box 643 Dickinson, ND 58602-643 Dear Mr. Kubik: Thank you for your letter of February 4, 1987, referring to my attention the dispute in Dunn County as to the appropriate appointing authority for the deputy clerk of county court in a county with a population of less than 6,000. I have reviewed my earlier letter to you of December 5, 1986, wherein I concluded that the statutes appeared to provide the needed authority to appoint or dismiss a deputy clerk of

N.D.A.G. Letter to Slorby (Feb. 16, 1987) February 16, 1987 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of January 13, 1987, concerning an execution on a judgment providing that a defendant in a divorce action shall pay the plaintiff's attorneys fees. I apologize for the delay in responding. You specifically ask whether an execution can be issued on a judgment using the phrase "Order Adjudged and Decreed" rather than the phrase "plaintiff shall have judgment against the defendant for (a certa

N.D.A.G. Letter to Olson (Feb. 13, 1987) February 13, 1987 Honorable John Olson State Senator Senate Chamber State Capitol Bismarck, ND 58505 Dear Senator Olson: Thank you for your letter of January 14, 1987, in which you inquire as to the scope of permissible activities for trust companies chartered pursuant to N.D.C.C. Ch. 6-05. Your letter describes five potential trust company activities which I will discuss in the order presented. First, you inquire whether a Chapter 6-05 trust company may act as a transfer agent with respect to the securities of any company. N.D.C.C. § 6-05-08(2

N.D.A.G. Letter to Kloubec (Feb. 13, 1987) February 13, 1987 Honorable Richard W. Kloubec House Speaker House of Representatives State Capitol Bismarck, ND 58505 Honorable William E. Kretschmar Chairman House Judiciary Committee House of Representatives State Capitol Bismarck, ND 58505 Dear Representatives Kloubec and Kretschmar: You have requested an opinion on the following question: In what ways, if any, do any provisions of House Bill 1049 conflict with the North Dakota Constitution, especially Section 23 of Article XI? It is my opinion that House Bill No. 1049 does not con

Date Issued: February 13, 1987 (AGO 87-03) Requested by: Senator Rolland W. Redlin - QUESTION PRESENTED - Whether the North Dakota Constitution requires a two-thirds vote of the members elected to each house of the Legislature to amend or repeal a measure that has been referred to and voted upon by the electorate. - ATTORNEY GENERAL'S OPINION - It is my opinion that the North Dakota Constitution does not require a two-thirds vote of the members elected to ea

N.D.A.G. Letter to Farland (Feb. 12, 1987) February 12, 1987 Mr. Darrell Farland Executive Director Governor's Council on Human Resources State Capitol Bismarck, ND 58505 Dear Mr. Farland: Thank you for your letter of January 29, 1987, inquiring as to whether the open meetings law applies to the accessibility of the room in which the meeting is being held. By its very terms, the open meetings law requires meetings of public bodies, boards, bureaus, commissions, departments, and agencies to be open to the public unless otherwise specifically provided by law. Thus, the emphasis of the o

Date Issued: February 12, 1987 (AGO 87-02) Requested by: Vern Fahy, State Engineer - QUESTION PRESENTED - Whether the State Water Commission may reimburse landowners for their cost of modifying illegal dikes on their property? - ATTORNEY GENERAL'S OPINION - It is my opinion that the State Water Commission may, under appropriate circumstances, reimburse landowners for their cost of modifying illegal dikes on their property. - ANALYSIS - The dikes in question are located

N.D.A.G. Letter to Meyer (Feb. 6, 1987) February 6, 1987 Honorable Dean Meyer State Senator Senate Chambers Bismarck, ND 58505 Dear Senator Meyer: Thank you for your letter of January 27, 1987, concerning North Dakota's corporate farming laws. N.D.C.C. § 10-06-01 states, in part, as follows: 10-06-01. FARMING OR RANCHING BY CORPORATIONS PROHIBITED -- RETENTION OF MINERAL INTEREST PROHIBITED. All corporations, except as otherwise provided in this chapter , are prohibited from owning or leasing land used for farming or ranching and from engaging in the business of farming o

N.D.A.G. Letter to Hall (Feb. 5, 1987) February 5, 1987 Mr. Nicholas B. Hall Walsh County State's Attorney Walsh County Courthouse Grafton, ND 58237 Dear Mr. Hall: Thank you for your letter of January 21, 1987, regarding election procedures for home rule counties. According to your letter, there appears to be a conflict between N.D.C.C. § 11-09.1-05(4) (which provides that all matters pertaining to county elections may be determined by a home rule county pursuant to their home rule charter) and 11-09.1-09 (which provides that the elections provided for in N.D.C.C. Ch. 11-09.1 are subje

N.D.A.G. Letter to Wild (Feb. 2, 1987) February 2, 1987 Mr. Steven J. Wild Bowman County State's Attorney P. O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter of December 23, 1986, concerning the authority of a board of county commissioners to determine the qualifications of a person who has been elected to a county office. After reading your letter and learning of the additional facts presented to one of my staff attorneys, it would appear that someone has been elected to the office of Slope County State's Attorney and has entered upon the duties of such office with

N.D.A.G. Letter to Gibbens (Feb. 2, 1987) February 2, 1987 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your January 7, 1987, letter wherein you inquire whether outstanding personal property tax liabilities remain collectible in view of the fact that personal property has been exempt from ad valorem taxation since 1970. N.D.C.C. § 57-02-08(25). For the following reasons, it is my opinion that these pre-1970 outstanding liabilities remain collectible and are not affected by the provisions of N.D.C.C. § 57-02-08(25). F

N.D.A.G. Letter to Collins (Feb. 2, 1987) February 2, 1987 Ms. Jet Collins Administrative Assistant Credit Review Board State Capitol Bismarck, ND 58505 Dear Ms. Collins: Thank you for your letter of January 23, 1987, concerning three questions asked by the Credit Review Board. I will respond to them in the order they are presented in the letter. 1. Can the Credit Review Board issue an interest subsidy on a contract for deed ? I find nothing in the statute or rules which would prohibit the Credit Review Board from issuing an interest subsidy on contract for deed financing provided

N.D.A.G. Letter to Meier (Jan. 30, 1987) January 30, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: Thank you for your letter of January 14, 1987, concerning a North Dakota farm corporation, Shide Farms, Inc. A corporation which neither owns nor leases any farmland or ranchland in North Dakota, but which only owns farm equipment and undertakes custom farming operations, is not a legitimate farm corporation under the provisions of N.D.C.C. Ch. 10-06. A corporation organized pursuant to N.D.C.C. § 10-06-07 must own

N.D.A.G. Letter to Meier (Jan. 29, 1987) January 29, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of January 26, 1987, in which you inquire whether an amendment to N.D.C.C. § 41-09-41 that would require UCC financing statements to contain "a social security number or federal tax identification number" would affect the validity of CC financing statements presently filed in your office that do not contain such information. The rules of statutory construction provide that: No part

N.D.A.G. Letter to Meyer (Jan. 26, 19887) January 26, 1987 Honorable Ray Meyer State Representative House Chambers State Capitol Bismarck, ND 58505 Dear Representative Meyer: Thank you for your letter of January 16, 1987, concerning the application of the divestment period in N.D.C.C. § 10-06-13. N.D.C.C. § 10-06-13(5) states as follows: 5. Unless retention of the farmland or ranchland is permitted under subsection 6 or 7, all farmland or ranchland acquired as security for indebtedness, in the collection of debts, or by the enforcement of a lien or claim s

N.D.A.G. Letter to Meier (Jan. 20, 1987) January 20, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of December 23, 1986, regarding the time frame for holding a special election. As you note in your letter, N.D. Const. Art. III, §5, provides that a referred measure may be voted upon at a special statewide election called by the Governor. See Haugland v. Meier , 339 N.W.2d 100, 105 (N.D. 1983). However, the procedure for conducting a special election is not set forth in N.D. Const. Art. III. The general

N.D.A.G. Letter to Gerntholz (Jan. 20, 1987) January 20, 1987 Honorable Gereld Gerntholz House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Gerntholz: I am responding to your request for an Attorney General's opinion relayed to this office by Majority Leader Earl Strinden as to the legality of House Bill 1268. House Bill 1268 amends N.D.C.C. § 11-33-20 by specifically providing that a township may revoke its relinquishment of its zoning powers to a county. By this additional language, a township may withdraw its relinquishment of its zoning powers and reacqui

N.D.A.G. Letter to Melby (Jan. 19, 1987) January 19, 1987 Honorable Arthur Melby State Representative State of North Dakota Bismarck, ND 58505 Dear Representative Melby: This is in response to your December 15, 1986, letter. In that letter you inquired whether a water resource district has "the authority to sell bonds to raise funds without approval by the Board of County Commissioners?" You also inquired whether the same rules applied to joint water resource districts. N.D.C.C. § 61-16.1-16 authorizes a water resource district to issue revenue bonds not exceeding an aggregate of ten m

N.D.A.G. Letter to Keller (Jan. 19, 1987) January 19, 1987 Honorable Joe Keller North Dakota State Senator State Capitol Bismarck, ND 58505 Dear Senator Keller: Thank you for your letter in which you inquire whether the mobile home tax levied pursuant to N.D.C.C. Ch. 57-55 must be paid by a lending institution before repossession of a mobile home financed by a direct loan from the lending institution. I have reviewed the provisions of N.D.C.C. Ch. 57-55 and N.D.C.C. §§ 51-07-11 and 57-22-18 and it is my opinion that the lending institution is not required to remit the mobile home tax pr

N.D.A.G. Letter to Ficek (Jan. 19, 1987) January 19, 1987 Mr. Vince H. Ficek Dickinson City Attorney P. O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your December 12, 1986, letter wherein you inquire about the deadline for filing an application for a tax abatement or refund pursuant to the provisions of North Dakota Century Code Ch. 57-23. Applications for abatement or refund of ad valorem taxes are made pursuant to the provisions of N.D.C.C. § 57-23-04. This section provides, in part, that these applications must be "filed in the office of the county auditor on or

Date Issued: January 12, 1987 (AGO 87-01) Requested by: Earl R. Pomeroy, Commission of Insurance - QUESTION PRESENTED - Whether legal fees and expenses incurred in the defense of an insured for an insurance company prior to a determination that the insurance company is insolvent are "covered claims" within the meaning of N.D.C.C. chapter 26.1-42 which must be paid by the North Dakota Insurance Guaranty Association. - ATTORNEY GENERAL'S OPINION - It is my opinion

N.D.A.G. Letter to Nelson (Jan. 6, 198 7 ) January 6, 1987 Ms. Carol S. Nelson Barnes County State's Attorney P.O. Box 209 Valley City, ND 58072 Dear Ms. Nelson: Thank you for your letter of November 25, 1986, concerning the release of a financing statement filed with the register of deeds. I apologize for the delay in responding to you. The question in your letter concerns a financing statement which has been filed as well as recorded as a mortgage lien against real property. You indicate that when a release is received by the register of deeds he files it but does not record it again