North Dakota Attorney General Opinions

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-23 Date issued: October 5, 1990 Requested by: Layton Freborg, North Dakota Senate - QUESTION PRESENTED - Whether a county may issue an oil drilling permit, and if so, whether the permit may be conditioned to require the permittee to enter a road maintenance agreement. - ATTORNEY GENERAL'S OPINION - It is my opinion that a county may not issue an oil drilling permit. - ANALYSIS - Chapter 11-33 gives broad zoning

N.D.A.G. Letter to Slorby (Oct. 4, 1990) October 4, 1990 Mr. Tom P. Slorby State's Attorney Ward County Minot, ND 58701 Dear Mr. Slorby: Thank you for your September 11, 1990, letter concerning the compensation of court appointed attorneys under the Soldiers' and Sailors' Civil Relief Act of 1940 (the Act) codified as 50 U.S.C. § 501 et seq. I agree with you that under section 520(1) it is mandatory that the court appoint an attorney to protect an enlisted person's interest when in any action or proceeding commenced in any court the plaintiff is seeking a default judgment against a no

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-22 Date issued: September 28, 1990 Requested by: Jim Kusler Secretary of State - QUESTION PRESENTED - Whether a vacancy in the office of a member of the Legislative Assembly, whose term will not expire this year, occurring less than 55 days prior to a general election may be filled at that general election. - ATTORNEY GENERAL'S OPINION - It is my opinion that a vacancy in the office of a member of the L

N.D.A.G. Letter to Wold (Sep. 27, 1990) September 27, 1990 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425-0541 Dear Mr. Wold: Thank you for your April 20, 1990, letter requesting my opinion on whether a register of deeds may record a faxed power of attorney. I apologize for the delay. For the following reasons, it is my opinion that a register of deeds may not record a faxed power of attorney. A register of deeds is a ministerial officer. Rising v. Dickinson , 121 NW 616, 617 (ND 1909). The authority of ministerial officers is to be strictly co

N.D.A.G. Letter to Myers (Sep. 27, 1990) September 27, 1990 Mr. Earle R. Myers, Jr. Richland County State's Attorney Law Enforcement Center 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. Myers: Thank you for your September 14, 1990, letter inquiring whether the July 18, 1990, publication of the proposed Richland County home rule charter satisfies the requirements of N.D.C.C. § 11-09.1-03. According to your letter, the original draft of the Richland County home rule charter was published on July 8, 1990. The proposed draft was received by the Richland County commission on August 21

N.D.A.G. Letter to Larson (Sep. 27, 1990) September 27, 1990 Representative Rod Larson District 13 36 Park Drive West Fargo, ND 58078 Dear Representative Larson: Thank you for your September 12, 1990, letter asking whether a city lodging tax may be imposed and collected by a city if the city has not specifically designated a purpose for which the proceeds may be used. For the following reasons it is my opinion that a city lodging tax may be imposed and collected by a city if the city has not specifically designated a purpose for which the proceeds may be used. The city lodging tax whic

N.D.A.G. Letter to Sperry (Sep. 25, 1990) September 25, 1990 Mr. James Sperry State Historical Society State Heritage Center 612 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Sperry: Thank you for your letter of May 16, 1990, in which you request my opinion on whether the State Historical Society may be required by the State Auditor to pay audit fees of a private accounting firm retained by the State Auditor to conduct the audit of the State Historical Society. I apologize for the delay in responding. N.D.C.C. § 54-10-01(2) provides, in part, that the State Auditor shall "[b]e ves

N.D.A.G. Letter to Sanstead (Sep. 12, 1990) September 12, 1990 Honorable Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your June 14, 1990, letter concerning approval of rules you have prepared pursuant to 1989 N.D. Sess. Laws ch. 198 § 5(4). You requested a review of the rules pursuant to N.D.C.C. § 28-32-02, as well as response to three specific questions. My opinion concerning the legality of the rules pursuant to N.D.C.C. § 28-32-02 has been provided to you separately. Th

N.D.A.G. Letter to McBeth (Sep. 11, 1990) September 11, 1990 Mr. Ronald W. McBeth Assistant State's Attorney 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your letter of August 11, 1990, asking whether a county may lease a vehicle pursuant to N.D.C.C. § 24-02-03.3. N.D.C.C. § 24-02-03.3 provides for the management and maintenance of registered motor vehicles owned or leased by the state of North Dakota. It requires that all nonexempt state agencies use the system. The statute does not address the use of the system by the various po

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-21 Date issued: September 11, 1990 Requested by: Representative W. C. Skjerven - QUESTION PRESENTED - Whether a county job development authority may be the subject of an initiated home rule county ordinance pursuant to N.D.C.C. ' 11-09.1-05(5). - ATTORNEY GENERAL'S OPINION - It is my opinion that a county job development authority may be the subject of an initiated home rule county ordinance pursuant to N.D.C.C. '

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-20 Date issued: September 7, 1990 Requested by: Patricia L. Burke Burleigh County State's Attorney - QUESTIONS PRESENTED - I. Whether counties are obligated to fund social service programs under N.D.C.C. tit. 50 or related federal laws. II. Whether there is a limit to the extent to which counties are obligated to fund required social service programs. III. Whether the state of North Dakota is obligated to fund social s

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-19 Date issued: September 5, 1990 Requested by: Robert G. Hoy, Cass County State's Attorney - QUESTIONS PRESENTED - I. Whether a school district may charge an admission fee to cover part of its operating costs for extracurricular and noncurricular activities, such as athletics, when attendance at the activities is voluntary. II. Whether a school district may charge a participation fee, on a pro-rata basis, to those stu

N.D.A.G. Letter to Zink (Aug. 20, 1990) August 20, 1990 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 July 25, 1990, letter in which you have requested my opinion concerning questions presented in a July 19, 1990, letter to you from Brian J. Rittenhouse, president of the North Dakota Society of Professional Land Surveyors. The July 19, 1990, letter enclosed various property diagrams which included disclaimers th

N.D.A.G. Letter to Preszler (Aug. 17, 1990) August 17, 1990 Mr. Gary Preszler Commissioner Department of Banking and Financial Institutions State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Preszler: Thank you for your June 7, 1990, letter requesting my opinion on the procedures that a receiver of a failed savings and loan association must follow in North Dakota. As you indicated in your letter, on August 9, 1989, the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) established the Resolution Trust Corporation (RTC). The RTC is a tempor

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-18 Date issued: August 16, 1990 Requested by: Terry Elhard McIntosh County State's Attorney - QUESTION PRESENTED - Whether, upon the expiration of the term of a water resource manager, the manager may be replaced without providing any notice of the reason for replacement or an opportunity for a hearing. - ATTORNEY GENERAL'S OPINION - It is my opinion that upon expiration of the term of a water resource manager, t

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-17 Date issued: August 16, 1990 Requested by: David M. Crane, Hettinger County State's Attorney - QUESTION PRESENTED - Whether a school district's official newspaper must satisfy the requirements of N.D.C.C. ' 46-05-01. - ATTORNEY GENERAL'S OPINION - It is my opinion that a school district's official newspaper need not satisfy the requirements of N.D.C.C. ' 46-05-01. - ANALYSIS - N.D.C.C. ' 46-05-01 sets forth qualificatio

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-16 Date issued: August 16, 1990 Requested by: Byron Knutson, North Dakota Commissioner of Labor - QUESTION PRESENTED - Whether a two year or a six year statute of limitations applies to a cause of action for the collection of wages when it includes claims for unpaid minimum wages, unpaid overtime compensation, liquidated damages, fees, damages, or penalties. - ATTORNEY GENERAL'S OPINION - It is my opinion that a

N.D.A.G. Letter to Renner (Aug. 15, 1990) August 15, 1990 Jerry Renner Kidder County State's Attorney P. O. Box 229 Steele, ND 58482-0229 Dear Mr. Renner: Thank you for your letter of June 6, 1990, regarding N.D.C.C. §§ 63-01.1-05 and 63-01.1-08. You ask whether either section could be used in the control of noxious weeds, and if so, under what circumstances. It is my opinion that both of the sections may be used in the control and eradication of noxious weeds. The situations which exist and the outcomes which you seek to achieve will influence your decision to

N.D.A.G. Letter to Odegard (Aug. 15, 1990) August 15, 1990 Mr. James T. Odegard Grand Forks County State's Attorney P.O. Box 607 Grand Forks, ND 58206-0607 Dear Mr. Odegard: Thank you for your letter of June 14, 1990, in which you requested my opinion regarding the responsibility and/or liability of the Grand Forks County Park and Recreation Commission and the Grand Forks County Board of Commissioners as to real property owned by the county and leased to a nonprofit corporation for the purpose of establishing a park and recreation area. N.D.C.C. ch. 32-12.1 addre

N.D.A.G. Letter to Mushik (Aug. 15, 1990) August 15, 1990 Honorable Corliss Mushik State Senator P.O. Box 188 Mandan, ND 58554 Dear Senator Mushik: Thank you for your letter of June 7, 1990, requesting an Attorney General's opinion relating to transportation in the reorganized Mandan Public School District No. 1. First you ask whether the school board of a reorganized school district is bound by the provisions of an adopted reorganization proposal relating to the transportation of students by the school district beyond the five-year time period specified in N.D.C.C. § 15-27.3-20. "A re

N.D.A.G. Letter to Jones (Aug. 15, 1990) August 15, 1990 Mr. Lloyd Jones Commissioner North Dakota Game & Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Mr. Jones: Thank you for your May 23, 1990, letter requesting guidance with the interpretation of N.D.C.C. § 20.1-03-11(3). You asked whether that statute limits issuance of gratis hunting licenses to one license per tract of land and if so, you requested advice on how the Game and Fish Department could decide whether to issue a license to the land owner or the lessee. N.D.C.C. § 20.1-03-11(3) provides: "

N.D.A.G. Letter to Enget (Aug. 15, 1990) August 15, 1990 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your April 25, 1990, letter concerning billing and collection services provided by local exchange companies in North Dakota. I apologize for the delay in responding. As you noted in your letter, the Public Service Commission addressed related issues in its order in Case No. 10,883, dated March 16, 1988. Case No. 10,883 was an application by Northwestern Bell Telephone Company (now doing business as US

N.D.A.G. Letter to Aas (Aug. 15, 1990) August 15, 1990 Honorable Lynn A. Aas State Representative District 5 1504 10th Avenue SW Minot, ND 58701 Dear Representative Aas: Thank you for your April 21, 1990, letter requesting my opinion on several issues concerning the implications of repossession or foreclosure of a liquor licensee and the applicability of N.D. Admin. Code § 84-02-01-11 to those situations. N.D.C.C. § 5-02-01 provides, Except as otherwise provided in 5-02-01.1, any person engaging in the sale of alcoholic beverages at retail without first securing an appropriate l

N.D.A.G. Letter to Peterson (Aug. 9, 1990) August 9, 1990 Jeffrey Peterson Burke County State's Attorney P. O. Box 39 Bowbells, ND 58721-0039 Dear Mr. Peterson: Thank you for your March 20, 1990 letter requesting my opinion regarding whether the United States Fish and Wildlife Service could purchase property pursuant to the Migratory Bird Conservation Act without complying with N.D.C.C. § 20.1-02-18.1. I apologize for the delay in responding. In your letter you explained that the Fish and Wildlife Service recently purchased some land that was included in Executive Order #7171. Executi

N.D.A.G. Letter to Slorby (Aug. 6, 1990) August 6, 1990 Mr. Tom P. Slorby Ward County State's Attorney County of Ward Minot ND 58701 Dear Mr. Slorby: Thank you for your May 11, 1990, letter requesting my opinion whether a county may receive sealed bids once each year based upon a unit price for each different type of work. N.D.C.C. § 24-05-04 requires the board of county commissioners to advertise for bids for contracts for highway improvements if the cost is estimated to exceed $15,000. If the proposed contract involves a bridge project exceeding $400 the project must be placed out on

N.D.A.G. Letter to Mehrer (Aug. 6, 1990) August 6, 1990 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 July 12, 1990, inquiring about the provisions of N.D.C.C. § 40-01-08, which states that "[n]o person may remove a building from any lot or tract of land in any municipality, unless it is assessed as personal or exempt from taxation, until after the taxes and special assessments then due have been paid, . . ." Specifically, you wish to know whether the word "person" in the above-quoted provision includes

N.D.A.G. Letter to Huseby (Aug. 6, 1990) August 6, 1990 Ms. Robin Huseby State's Attorney Barnes County Courthouse Valley City, ND 58072 Dear Ms. Huseby: Thank you for your letter of May 18, 1990, regarding whether N.D.C.C. § 29-26-22.1 precludes a district court clerk from filing a federal criminal judgment as a lien against a judgment debtor residing in the county. Your district court clerk received a criminal judgment from the United States District Court that required the judgment debtor to pay restitution. The federal court requested that this judgment be filed as a lien against

N.D.A.G. Letter to Naaden (July 27, 1990) July 27, 1990 Honorable L. L. Naaden North Dakota State Senator District 30 P.O. Box 153 Braddock, ND 58524 Dear Senator Naaden: Thank you for your June 1, 1990, letter requesting my opinion concerning restoring allotted funds to administrative agencies. You indicate that the general fund revenue collections are running approximately $29 million ahead of earlier projections. Your first question is whether Governor Sinner can now restore these funds on an equal basis to those appropriations that were allotted. Your second question is whether the

N.D.A.G. Letter to Whitman (July 25, 1990) July 25, 1990 Mr. Charles Whitman City Attorney P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Whitman: Thank you for your June 25, 1990, letter concerning petitions asking that a job development authority created pursuant to N.D.C.C. ch. 40-57.4 be discontinued. Your first question is whether the city commission may call a special election to decide the issue. I agree with your conclusion on this question. N.D.C.C. § 40-57.4-01 provides in unambiguous terms that the question of discontinuing the authority must be placed o

N.D.A.G. Letter to Ness (July 25, 1990) July 25, 1990 Mr. Gary R. Ness Director Aeronautics Commission P.O. Box 5020 Bismarck, ND 58502 Dear Mr. Ness: Thank you for your July 13, 1990, letter concerning the relation between a municipal airport authority and a home rule city. Your first question is whether any of the mill levy collected for airport purposes can be used for non-airport purposes. N.D.C.C. § 2-06-07 states that upon creation of a municipal airport authority, the authority has "the power to certify, annually to the governing bod[y] which

Overruled, see N.D.A.G. 2002-L-31, N.D.A.G. 2002-L-70 N.D.A.G. Letter to Manbeck (July 25, 1990) July 25, 1990 Mr. Douglas Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344 Dear Mr. Manbeck: Thank you for your July 5, 1990, letter addressing several issues. The copies of the letter opinions mentioned in your letter are enclosed for your review. Your first question concerns primary elections and the ability to obtain a recount. N.D.C.C. § 16.1-16-01 describes those instances when an election recount is available to a candidate. Specifically,

N.D.A.G. Letter to Duppler (July 23, 1990) July 23, 1990 Mr. Alan Duppler Mercer County State's Attorney Stanton ND 58571 Dear Mr. Duppler: Thank you for you June 29, 1990, letter inquiring as to the scope of the term "volunteer fireman" as used in N.D.C.C. ch. 65-06. The term "volunteer fireman" is defined by N.D.C.C. § 65-06-01 to refer to an active member of an organized volunteer fire department of this state and any other person performing services as a volunteer fireman for a municipality at the request of someone in command of a fire department. Your letter asks whether persons p

N.D.A.G. Letter to Tebelius (July 12, 1990) July 12, 1990 Mr. Mark A. Tebelius Harvey City Attorney 1012 Lincoln Avenue Harvey, ND 58341-1595 Dear Mr. Tebelius: Thank you for your July 3, 1990, letter concerning the ability of the city to enact by ordinance a preference in awarding contracts for city residents. A city, as a political subdivision possesses and exercises only those powers provided to it by law. N.D. Const. art. VII, § 2. A city is an agency and creature of the state and has no powers except those provided to it by the Legislature. Fetzer v. Minot Park District, 138 N

N.D.A.G. Letter to Odegard (July 12, 1990) July 12, 1990 Mr. James T. Odegard Grand Forks County State's Attorney P.O. Box 607 Grand Forks, ND 58206-0607 Dear Mr. Odegard: Thank you for your June 14, 1990, letter concerning whether the Grand Forks County Historical Society is bound by the Veterans' Preference Law as set out in N.D.C.C. ch. 37-19.1. Under North Dakota law, governmental agencies must grant employment preference to veterans who are state residents. N.D.C.C. § 37-19.1-02. A "governmental agency" is defined, in relevant part, as "all political subdivisions

N.D.A.G. Letter to Carlson (July 12, 1990) July 12, 1990 Honorable Sarah Carlson State Representative 1324 2nd Avenue North Grand Forks, ND 58203 Dear Representative Carlson: Thank you for your April 27, 1990, letter to Assistant Attorney General Steven Noack. My staff tells me that you intended to request my opinion of the applicability of the requirement under N.D.C.C. § 48-02-02 for a licensed architect to asbestos abatement, reroofing projects, and all types of remodeling. N.D.C.C. § 48-02-02 provides that when the "total estimated cost of all work invol

N.D.A.G. Letter to Ward County (June 26, 1990) June 26, 1990 Ward County Commissioners Ward County Courthouse Minot, ND 58702-5005 Dear Commissioners: Your recent letter to Governor George Sinner concerning extradition expenses has been referred by Governor Sinner for my response. The extradition expense appropriation was transferred from the Governor's office to this office by the Legislative Assembly. In past years, the Legislative Assembly has greatly underfunded this appropriation and has relied upon the Emergency Commission to authorize the expenditure of additional funds to meet t

N.D.A.G. Letter to Tracy (June 26, 1990) June 26, 1990 Ms. Helen Tracy Executive Director Workers Compensation Bureau Russel Building Hwy. 83 North Bismarck, ND 58501 Dear Ms. Tracy: Thank you for your June 6, 1990, letter questioning the validity of a contingent fee agreement between a private attorney and a Worker's Compensation claimant. In your letter you ask whether such agreements are valid when the attorney also seeks legal costs from the Bureau pursuant to N.D.C.C. § 65-02-08. The following sentence from N.D.C.C. § 65-02-08 responds to your questions: "[n]othing provided here

N.D.A.G. Letter to Slorby (June 26, 1990) June 26, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 RE: Designated Driver Awards Dear Tom: Thank you for your June 18, 1990, letter in which you have inquired as to whether the designated driver awards proposed for implementation in liquor establishments may violate the gambling laws of North Dakota. N.D.C.C. § 12.1-28-01 sets for the definition of "gambling". The essence of this definition is that gambling requires consideration, chance, and prize. If all three elements are not present in a tran

N.D.A.G. Letter to Kropp (June 26, 1990) June 26, 1990 Mr. Lawrence P. Kropp Attorney at Law 105 Tenth Street SE Jamestown, ND 58401 Dear Mr. Kropp: On June 12, 1990, you wrote regarding the action of the governing board of the South Central Child Support Enforcement Unit recently taken with respect to the lease of office space for that unit. I understand that you have posed this question as an assistant state's attorney for the various counties involved in the South Central Child Support Enforcement Unit, and thus as attorney for that governing board. The action in question co

N.D.A.G. Letter to Tennefos (Jun e 21, 1990) June 21, 1990 Honorable Jens Tennefos State Senator 714 l9th Avenue South Fargo, ND 58103 Dear Senator Tennefos: Thank you for your March 27, 1990, letter requesting an opinion on the constitutionality of N.D.C.C. § 26.1-25-16. This statute prohibits the rebating of the premium for any insurance policy except as in accordance with N.D.C.C. ch. 26.1-25. I delayed responding to you earlier because it came to my attention in late March that the Commissioner of Insurance was engaged in an exhaustive investigation of possi

N.D.A.G. Letter to Ratcliffe (June 19, 1990) June 19, 1990 Ms. Phyllis A. Ratcliffe Grant County State's Attorney Grant County Courthouse Carson, ND 58529 Dear Ms. Ratcliffe: Thank you for your June 14, 1990, letter inquiring of the possible ramifications to the city of Flasher should it decide to repeal its current building, fire, plumbing, and the electrical codes. Your first question is whether the repeal of the city ordinances concerning building, electrical, plumbing, and fire codes will subject the city to liability for the failure to provide for such standards. Authority is prov

N.D.A.G. Letter to LaDuke (June 6, 1990) June 6, 1990 Mr. Joe LaDuke Executive Director North Dakota Racing Commission Office of Attorney General State Capitol Bismarck, ND 58505 Dear Mr. LaDuke: Thank you for your May 10, 1990, letter concerning whether the North Dakota Racing Commission has authority to modify, by rule or agreement, the betting takeout percentages set forth in N.D.C.C. § 53-06.2-11(1) and (2). N.D.C.C. § 53-06.2-11(1) requires that twenty percent of the aggregate amount of the win, place, and show parimutuel pool be deducted for retention as e

N.D.A.G. Letter to Mehrer (June 5, 1990) June 5, 1990 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 May 24, 1990, wherein you inquire whether buildings or improvements used in a beekeeping enterprise are exempt from ad valorem taxation under N.D.C.C. § 57-02-08(15). For the following reasons, it is my opinion that buildings and improvements used in a beekeeping enterprise, excluding the processing of honey, are exempt under N.D.C.C. § 57-02-08(15). N.D.C.C. § 57-02-08(15)(a) exempts from ad valorem taxa

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-15 Date issued: June 5, 1990 Requested by: Lyle G. Witham McHenry County State's Attorney - QUESTION PRESENTED - Whether, for the purpose of the ad valorem tax exemption for a farm residence, net income from farming activities always includes payments received by a farmer under the Conservation Reserve Program (CRP). - ATTORNEY GENERAL'S OPINION - It is my opinion that for the purposes of the ad valorem tax exemp

N.D.A.G. Letter to Engmann (June 4, 1990) June 4, 1990 Mr. Scott Engmann Executive Director North Dakota Retirement Investment Office P.O. Box 7100 Bismarck, ND 58502 Dear Mr. Engmann: Thank you for your March 26, 1990, letter. You raise a question as to whether a fraud has been committed against the Teachers' Fund for Retirement (the "Fund"). Whether fraud has actually been committed against the Fund is a question of fact. While I cannot answer that question, I can refer you to the applicable law. In the particular case you describe, both N.D.C.C. §§ 15-39.1-04 and 15-39.1-29 have a

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-14 Date issued: June 4, 1990 Requested by: Merle A. Torkelson McLean County State's Attorney - QUESTIONS PRESENTED - I. Whether a clerk of court must issue an income withholding order with respect to each judgment or order that requires a payment of child support when the court has not made a finding regarding income withholding and the parties' agreement does not provide an assurance of payment beyond requiring

N.D.A.G. Letter to Wold (May 31, 1990) May 31, 1990 Mr. James W. Wold Griggs County State's Attorney P.O. Box 628 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of April 20, 1990, wherein you request my opinion as to the meaning of the word "retired" as used for the purpose of the farm residence property tax exemption under N.D.C.C. § 57-02-08(15). N.D.C.C. § 57-02-08(15) exempts from ad valorem taxation all farm structures and improvements, including farm residences, which are located on agricultural lands. The exemption for a farm residence must be strictly