North Dakota Attorney General Opinions

N.D.A.G. Letter to Richardson (Feb. 20, 1990) February 20, 199 Mr. John Richardson Commissioner Board of Higher Education State Capitol Bismarck, ND 58505 Dear Commissioner Richardson: Thank you for your January 19, 1990, letter inquiring of the ability of the Board of Higher Education to convert Mayville State University and Valley City State University to two-year colleges without amendment of the North Dakota Constitution. I assume conversion of these institutions to two year colleges will occur by modification of the courses offered at the institutions as well as by reorganizatio

N.D.A.G. Letter to Engmann (Feb. 20, 1990) February 20, 1990 Mr. Scott Engmann Executive Director North Dakota Retirement and Investment Office 1930 Burnt Boat Drive P.O. Box 7100 Bismarck, ND 58502 Dear Mr. Engmann: Thank you for your December 13, 1989, letter requesting my opinion on whether the State Investment Board is authorized to expend fees received from agencies, institutions, and political subdivisions for the costs incurred by the Board in providing investment services to those entities. Specifically, you ask whether these costs are "investment costs" payable under the con

N.D.A.G. Letter to Collins (Feb. 20, 1990) February 20, 1990 Mr. Sparb Collins Executive Director N.D. Public Employees Retirement System P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your December 14, 1989, letter in which you request my opinion as to the interpretation of N.D.C.C. § 54-52.1-03.1. The following issues were raised in your letter. 1. Whether any county, city, school district, or district health unit that has not withdrawn in the last 24 months from the uniform group insurance plan is eligible to enroll its employees anytime

N.D.A.G. Letter to Wentz (Feb. 16, 1990) February 16, 1990 Robert M. Wentz, M.D. State Health Officer Department of Health and Consolidated Laboratories State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Wentz: Thank you for your February 5, 1990, letter regarding whether the State Department of Health and Consolidated Laboratories (Department) has authority to go on site and evaluate the operation of unlicensed facilities and medical hospitals to determine whether a license is required to operate those facilities. N.D.C.C. § 23-09.3-01 provides in pertinent part:

N.D.A.G. Letter to Syverson (Feb. 16, 1990) February 16, 1990 Mr. Gayle Syverson Deputy Auditor Office of the State Auditor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Syverson: Thank you for your May 26, 1989, letter requesting my opinion concerning the applicability of N.D.C.C. § 57-15-27 to district health units, townships, and other municipalities and the filing requirement for townships budgets. I regret the delay in providing a response. "The Legislature is empowered to write the rules that govern the levy of taxes, the collection thereof, and the purpos

N.D.A.G. Letter to Freed (Feb. 16, 1990) February 16, 1990 Mr. Robert A. Freed Assistant State's Attorney Stutsman County 511 Second Avenue SE Jamestown, ND 58401 Dear Mr. Freed: Thank you for your January 15, 1990, letter in which you request my opinion concerning the respective duties of the regional child support enforcement office and the office of the Stutsman County State's Attorney. You ask whether the state's attorney's office or the regional child support enforcement office is responsible for providing the legal services associated with order to show cause hearings

N.D.A.G. Letter to Hanson (Feb. 15, 1990) February 15, 1990 Honorable Robert E. Hanson State Treasurer State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your December 26, 1989, letter which requests my opinion as to whether 1989 N.D. Sess. Laws ch. 785, § II, unconditionally requires the State Treasurer to transfer $740,000 to the veterans' postwar trust fund on July 1 of each year, or if N.D.C.C. § 54-44.1-13.1 requires the director of the budget to reduce this amount by the estimated losses caused by the recent referendum. Chapter 785 of the 1

N.D.A.G. Letter to Freed (Feb. 14, 1990) February 14, 1990 Mr. Robert A. Freed Assistant State's Attorney Stutsman County State's Attorney's Office 511 Second Avenue Se Jamestown, ND 58401 Dear Mr. Freed: Thank you for your January 30, 1990, letter concerning the effect the enactment of N.D.C.C. § 34-11.1-02 had on the common law doctrine of incompatible offices. The doctrine of incompatible offices, as announced by our North Dakota Supreme Court in Tarpo v. Bowman Public Sch. Dist. No. 1 , 232 N.W.2d 67 (N.D. 1975), provides that two offices or positions are incompatible and may no

N.D.A.G. Letter to Flagstad (Feb. 14, 1990) February 14, 1990 Mr. Mark A. Flagstad Assistant State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Flagstad: Thank you for your February 12, 1990, letter concerning the procedures to be followed in the processing of persons wanted for offenses occurring outside of the State of North Dakota. N.D.C.C. ch. 29-30.3 governs the procedures to be followed in apprehending and processing persons in North Dakota who have committed crimes outside of the state of North Dakota. This chapter recognizes distinc

N.D.A.G. Letter to Diemert (Feb. 14, 1990) February 14, 1990 Mr. Daniel G. Diemert Dickey County State's Attorney P.O. Box 39 Ellendale, ND 58436-0039 RE: Sheriff Mileage Dear Mr. Diemert: Thank you for your January 18, 1990, letter in which you have inquired whether a sheriff may retain mileage payments received for the service of civil process or whether such payments must be deposited with the county treasurer. You have also inquired as to whether the county commission may require a sheriff to turn over such mileage payments to the county treasurer along with other fees collected fo

N.D.A.G. Letter to McBeth (Feb. 13, 1990) February 13, 1990 Mr. Ronald W. McBeth Richland County Assistant State's Attorney Law Enforcement Center 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your January 31, 1990, letter concerning the manner in which municipal extra-territorial zoning is to be determined. N.D.C.C. § 40-47-01.1 provides for municipal extra-territorial zoning authority. Essentially, cities may, by ordinance, extend their zoning authority to areas outside of their city limits. Prior to 1981, the extension of city zoning authority occurred o

N.D.A.G. Letter to Backes (Feb. 13, 1990) February 13, 1990 Mr. Richard J. Backes Director, North Dakota Department of Transportation 608 East Boulevard Avenue Bismarck, ND 58505-0700 Dear Mr. Backes: Thank you for your January 19, 1990, letter requesting an opinion concerning your authority to eliminate the payment of Transportation Department employee meal allowances incurred during the first, second, and third quarters of the day as provided for by N.D.C.C. § 44-08-04. N.D.C.C. § 44-08-04 provides that elective and appointed officers, as well as employees and agen

N.D.A.G. Letter to Lamb (Feb. 12, 1990) February 12, 1990 Mr. Joseph S. Lamb President Bank of North Dakota P.O. Box 5509 Bismarck, ND 58502-5509 Dear Mr. Lamb: Thank you for your January 5, 1990, letter requesting my opinion on whether the Bank of North Dakota (BND) is authorized to pay the administrative expenses of Student Loans of North Dakota (SLND) from SLND's program revenues. BND is the state agency designated to administer North Dakota's guarantee loan programs and act as the guarantee agency. N.D.C.C. § 15-62.1-01. BND pays dire

N.D.A.G. Letter to Lamb (Feb. 9, 1990 ) February 9, 1990 Mr. Joseph S. Lamb President Bank of North Dakota Box 5509 Bismarck, ND 58502-5509 Dear Mr. Lamb: Thank you for your January 11, 1990, letter requesting my opinion on whether the Bank of North Dakota may sell mortgaged real estate premises in parcels rather than as a single tract. The Bank may receive a greater value if it is able to designate smaller parcels of real estate at sheriff's sales. Mortgages held by the Bank of North Dakota are generally foreclosed by advertisement in accordance with N.D.C.C. ch. 35-22. The mortgag

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-06 Date issued: February 5, 1990 Requested by: Gerald Rustad Williston City Attorney - QUESTION PRESENTED - Whether an ordinance fixing the salary and fringe benefits of city employees at a certain level may be enacted by initiative in cities operating under the commission form of government. - ATTORNEY GENERAL'S OPINION - It is my opinion than an ordinance fixing the salary and fringe benefits of city employees at

N.D.A.G. Letter to Knell (Jan. 26, 1990) January 26, 1990 Honorable Gary Knell District 33 House of Representatives P.O. Box 233 Hazen, ND 58545 Dear Representative Knell: Thank you for your recent letter inquiring of the status of a student survey in light of North Dakota's open records law. According to your letter and a telephone conversation you had with a member of my staff, a school district has obtained a student survey from a company located in Chicago, Illinois. That survey has been distributed and answers have been collected. A student's parent has asked to review the survey

N.D.A.G. Letter to Tokach (Jan. 24, 1990) January 24, 1990 Honorable Dick Tokach House of Representatives District 53 HCR2, Box 48 St. Anthony, ND 58566 Dear Representative Tokach: Thank you for your January 15, 1990, letter in which you have raised several questions concerning the trespass laws of this state after having received an inquiry from a constituent. Your constituent claims that a double standard exists in application of the trespass laws between rural and urban properties. I have enclosed with this letter a copy of the trespass laws as found in N.D.C.C. §§ 12.1-22-03 and

N.D.A.G. Letter to Wold (Jan. 23, 1990) January 23, 1990 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for sending your January 10, 1990, letter in which you ask whether a defendant convicted of two class A misdemeanors can be sentenced to serve consecutive one year sentences at the state penitentiary and whether the crimes remain classified as misdemeanors if more than one Year is served. N.D.C.C. § 12.1-32-02(1)(c) provides as follows: 12.1-32-02. Sentencing alternatives - Credit for time in custody - Diagnostic test

N.D.A.G. Letter to Korslien (Jan. 23, 1990 ) January 23, 1990 Ms. Renae Korslien North Dakota State Fair P.O. Box 1796 Minot, ND 58702 Dear Ms. Korslien: Thank you for your December 10, 1989, letter asking whether the State Fair Association may draw the moneys appropriated to it for the 1989-91 biennium and invest those moneys before they are required for expenditure by the State Fair. The 1989 Legislative Assembly appropriated $576,217, "or so much thereof as may be necessary" for capital improvements and premiums, to the State Fair Association from moneys in the general fund not othe

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-05 Date issued: January 23, 1990 Requested by: Wayne P. Jones Ransom County State's Attorney - QUESTION PRESENTED - Whether North Dakota law permits delivery of beer to persons at locations other than the licensed premises with the cash sale being consummated off the premises. - ATTORNEY GENERAL'S OPINION - It is my opinion that North Dakota law does not permit delivery of beer to persons at locations other than

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-04 Date issued: January 23, 1990 Requested by: Senator John M. Olson, District 49 - QUESTION PRESENTED - Whether meetings of the State Bar Board are required by the North Dakota open meetings law to be open to the public. - ATTORNEY GENERAL'S OPINION - It is my opinion that meetings of the State Bar Board are required by the North Dakota open meetings law to be open to the public. - ANALYSIS - Admission

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-03 Date issued: January 19, 1990 Requested by: Governor George A. Sinner - QUESTIONS PRESENTED - I. Whether the Governor is authorized to remove elected state officials. II. Whether the Legislature has otherwise authorized the removal of elected state officials. - ATTORNEY GENERAL'S OPINION - I. The legislature has not authorized the Governor to remove elected state officials. II. Elected state officials not subject to the impea

N.D.A.G. Letter to Splitt (Jan. 15, 1990) January 15, 1990 Mr. Ronald G. Splitt LaMoure County State's Attorney P.O. Box 216 LaMoure, ND 58458-0216 Dear Mr. Splitt: Thank you for your January 9, 1990, letter concerning the management of the jury selection process in each county. N.D.C.C. § 27-09.1-04 requires a Jury Commission to be established in each county to manage the jury selection process. The statute states that the Jury Commission "shall be composed of the clerk of court and a Jury Commissioner appointed for a term of four years by the court." The statute also st

N.D.A.G. Letter to Larson (Jan. 10, 1990) January 10, 1990 Mr. Martin Larson, Chairman Barnes County Social Service Board Barnes County Courthouse Valley City, ND 58072 Dear Mr. Larson: Thank you for your December 26, 1989, letter, requesting my opinion concerning whether the county commission may set the salary and personnel policies for social service employees, and who is responsible to provide legal representation to the Social Service Board. As you point out in your letter, the Attorney General and members of his staff are not authorized to give legal advice or assistance to priva

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-02 Date issued: January 10, 1990 Requested by: Charles J. Peterson Golden Valley County State's Attorney - QUESTION PRESENTED - Whether the tax credit provided for in N.D.C.C. ' 15-27.4-03 applies against the real estate taxes levied on all real property within the district or only on property that is owned by residents. - ATTORNEY GENERAL'S OPINION - It is my opinion that the tax credit provided for in N.D.C.C.

N.D.A.G. Letter to McLean (Jan. 9, 1990) January 9, 1990 Mr. Stephen McLean, Ltd. City Attorney City Hall in Oakes Armory 124 South 5th Street Oakes, ND 58474 Dear Mr. McLean: Thank you for your December 7, 1989, letter requesting my opinion as to whether the city of Oakes may remit the proceeds of a mill levy, imposed pursuant to N.D.C.C. § 40-57.4-04, to Oakes Enhancement, Inc., ("OEI") for paying the principal and interest on mortgage debt incurred to purchase and improve real estate for economic development. It is my opinion that pursuant to N.D.C.C. ch.

N.D.A.G. Letter to Collins (Jan. 9, 1990) January 9, 1990 Mr. Sparb Collins Executive Director NDPERS 400 East Broadway Suite 505 Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your September 15, 1989, letter requesting my opinion on whether the PERS Board can lawfully pay the costs of a dorsal rhizotomy surgical procedure performed for the dependent of a state employee. I apologize for the delay in responding. During the 1987-89 biennium, state employees had the option of enrolling with the PERS self-funded health insurance program (PERS Plan) o

N.D.A.G. Letter to Stastney (Jan. 4, 1990) January 4, 1990 Mr. Ronald C. Stastney Assistant Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Stastney: Thank you for your August 8, 1989, letter inquiring whether the Grand Forks military base district's school board may delegate its power and duty to submit grant applications to various federal and state agencies to another school district. I apologize for the delay in responding to your opinion request. School boards have no powers except those expressly or implicitly

1 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-01 Date issued: January 4, 1990 Requested by: Tom P. Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether a school principal's authority to inspect juvenile court files is limited to those matters concerning, and to the extent necessary to enforce, the rules and regulations of the North Dakota High School Activities Association. - ATTORNEY GENERAL'S OPINION - It is my opinion that a school principal's

N.D.A.G. Letter to Larson (Jan. 3, 1990) January 3, 1990 Honorable Diane Larson State Representative 413 Cambridge Bismarck, ND 58504 Dear Representative Larson: Thank you for your recent letter requesting an opinion concerning a portion of N.D.C.C. § 5-02-05.1 which allows the issuance of a special Sunday event alcoholic beverage permit. N.D.C.C. § 5-02-05.1(4) states that the special Sunday alcoholic beverage permit may not be issued for gatherings or meetings which, "in the opinion of the governing body of the city or county, are primarily local in nature." In your letter, you note

N.D.A.G. Letter to Vogel (Dec. 28, 1989) December 28, 1989 Honorable Sarah M. Vogel Commissioner of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Vogel: Thank you for your September 15, 1989, letter requesting an opinion concerning N.D.C.C. § 34-06-09. I apologize for the delay in responding to your request. You ask whether it is lawful to extend a minimum wage order's overtime provision to farm laborers if farmers and farm laborers were not participants in the wage conference that preceded issuance of the minimum wage order. The Legislature

N.D.A.G. Letter to Sanstead (Dec. 22, 1989) December 22, 1989 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your July 10 letter in which you request an Attorney General's opinion concerning the new home-based instruction exemption to the compulsory attendance law. I apologize for the delay in responding to your letter. You request an opinion on whether parents may continue to seek approval as a private school under N.D.C.C. § 15-34.1-03 even though they fit the definiti

N.D.A.G. Letter to Solberg (Dec. 21, 1989) December 21, 1989 Mr. Wayne O. Solberg Fargo City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Solberg: Thank you for your October 27, 1989, letter in which you have made inquiries concerning N.D.C.C. § 5-02-06 which provides for the limited presence of persons under the age of twenty-one years on the premises of alcoholic beverage licensed establishments. You have inquired whether the 1989 amendments to N.D.C.C. § 5-02-06 prohibit persons under the age of twenty-one years of age from patronizing or entering a restaurant where the sale

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-21 Date issued: December 21, 1989 Requested by: Owen K. Mehrer Stark County State's Attorney - QUESTION PRESENTED - Whether court-ordered payments for spousal support, contained in a court order or decree which also directs payments of separate and distinct amounts for the support of children, are within the definition of "child support" found in N.D.C.C. ' 14-09-09.10(1). - ATTORNEY GENERAL'S OPINION - It is my opinion

N.D.A.G. Letter to Sinner (Dec. 20, 1989) December 20, 1989 Honorable George A. Sinner Office of Governor State Capitol 600 East Boulevard Bismarck, ND 58505 Dear Governor Sinner: Thank you for your December 19, 1989, letter requesting my opinion on N.D.C.C. § 54-27.2-03, which authorizes the Governor to transfer money from the budget stabilization fund to the state's general fund if the director of the Office of Management and Budget projects that general fund revenues for the biennium will be at least five percent less than estimated by the most rece

N.D.A.G. Letter to Hanson (Dec. 20, 1989) December 20, 1989 Hon. Robert Hanson State Treasurer Office of the State Treasurer State Capitol Bismarck, ND 58505 Hon. Jack Ingstad State Senator P.O. Box 5068 Grand Forks, ND 58206-5068 Dear Mr. Hanson and Senator Ingstad: Thank you for your June 23, July 14, and August 22, 1989, letters requesting my opinion on several issues regarding N.D.C.C. § 5-01-11. I apologize for the delay in responding. Mr. Hanson raised three questions in his July 14, 1989, letter. First, whether N.D.C.C. § 5-01-11 prohibits alcoholic beverage retailers from

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-20 Date issued: December 20, 1989 Requested by: Sarah Vogel Commissioner of Agriculture - QUESTION PRESENTED - Whether the North Dakota Commissioner of Agriculture may establish a greater amount of bond for livestock dealers, packers, and market agencies subject to the Packers and Stockyards Act of 1921 than the amount required under the provisions of the Act. - ATTORNEY GENERAL'S OPINION - It is my opinion that the

N.D.A.G. Letter to O’Connell (Dec. 19, 1989) December 19, 1989 Honorable David O'Connell State Senator District 6 Route 1, Box 78 Lansford, ND 58750 Dear Senator O'Connell: Thank you for your July 14, 1989, letter. On behalf of the Glenburn Public School District, you request an informal opinion regarding the meaning of N.D.C.C. § 15-21-19, which deals with the powers of the State Board of Public School Education (State Board). I apologize for the delay in responding to your letter. The first issue you raise is whether the last clause of N.D.C.C. § 15-21-19 requires a school distric

N.D.A.G. Letter to McLean (Dec. 19, 1989) December 19, 1989 Stephen M. McLean City Attorney City of Oakes 124 South 5th Street Oakes, ND 58474 Dear Mr. McLean: Thank you for your December 7, 1989, letter concerning city ownership of land used for farming or ranching. According to your letter, the city owns several lots within an industrial park and wishes to rent those lots to a local farmer. You question whether the city is able to own this land and rent it for farming and ranching pursuant to N.D.C.C. ch. 10-06. Although your letter does not raise the issue, there is a threshold que

N.D.A.G. Letter to Hoy (Dec. 19, 1989) December 19, 1989 Mr. Robert G. Hoy Cass County State's Attorney P.O. Box 2806 Fargo, ND 58108 Dear Mr. Hoy: Thank you for your October 18, and December 12, 1989, letters wherein you requested an opinion regarding the applicability of N.D.C.C. § 15-27.4-03 to the dissolutions of the Noble and Pleasant Valley school districts. I apologize for the delay in responding to your initial request. In your letter you indicated that on February 15, 1989, you requested an opinion as to the proper recipient of cash assets possessed by formerly non

N.D.A.G. Letter to Wold (Dec. 18, 1989) December 18, 1989 Mr. James W. Wold Attorney at Law P.O. Box 628 Cooperstown, ND 58425 Re: Sunday Liquor Sales Dear Jim: Thank you for your December 5, 1989, letter concerning the special Sunday event alcoholic beverage permit provisions of N.D.C.C. § 5-02-05.1. This office has received numerous inquiries from liquor licensees and city and county officials concerning the special event provisions of that section. The 1989 legislature significantly amended N.D.C.C. § 5-02-05.1 to permit the dispensing of all alcoholic beverages by a private club,

N.D.A.G. Letter to Stefonowicz (Dec. 18, 1989) December 18, 1989 Mr. Michel W. Stefonowicz Divide County State's Attorney 115 Main Street South P.O. Box 289 Crosby, ND 58730-0289 Dear Mr. Stefonowicz: Thank you for your November 20, 1989, letter. On behalf of the Westby and Grenora Public School Districts, you request an informal opinion regarding whether a tax credit can be given for the value of the non-cash assets of an annexed school district. In your letter you state that, pursuant to N.D.C.C. § 15-27.1-11, the Westby Public School District was annexed to the Grenora Public S

N.D.A.G. Letter to Linnertz (Dec. 18, 1989) December 18, 1989 Mr. Joseph C. Linnertz Director of Administrative Services Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck ND 58505 Dear Mr. Linnertz: Thank you for your August 4, 1989, letter requesting my opinion as to whether the Department of Public Instruction (Department) must include in its financial statements fixed assets associated with the state's public broadcasting system. It is my understanding the assets were purchased with funds appropriated to the North Dakota Educational Telecommunication

N.D.A.G. Letter to Stastney (Dec. 14, 1989) December 14, 1989 Mr. Ron Stastney Assistant Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Ron: Thank you for your request for an opinion concerning the meaning of subsection 3 of section 5 of House Bill No. 1421, which was passed during the 1989 legislative session. You ask whether the law requires one hour of supervision per student per week. Subsection 3 of section 5 of House Bill No. 1421 states, in part: Any certificated teacher supervising home-based instruction shall

N.D.A.G. Letter to Hanson (Dec. 14, 1989) December 14, 1989 Honorable Robert E. Hanson State Treasurer State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your August 31, 1989, letter concerning the application of N.D.C.C. § 5-01-11. You inquire into the legality of the purchase of the Holiday Inn hotel chain by Bass PLC, a corporate entity that manufacturers liquor. Your question arises because N.D.C.C. § 5-01-11 prohibits any manufacturer of alcoholic beverages from having a financial interest in a retail alcoholic beverage est

N.D.A.G. Letter to Elhard (Dec. 14, 1989) December 14, 1989 Mr. Terry W. Elhard McIntosh County State's Attorney P.O. Box 248 Ashley, ND 58413 Dear Mr. Elhard: Thank you for your October 30, 1989, letter concerning the validity of an interstate fire protection district. According to your letter, there is a proposal for a South Dakota fire protection district to include North Dakota property and North Dakota residents as its members. Your letter asks whether North Dakota would honor such an interstate rural fire protection district and whether North Dakota taxation authority could be use

N.D.A.G. Letter to O’Connell (Dec. 8, 1989) December 8, 1989 Honorable David O'Connell North Dakota State Senator District 5 Route 1, Box 78 Lansford, ND 58750 Dear Senator O'Connell: Thank you for your letter of September 7, 1989, in which you inquired about the effect of the enactment of House Bill 1572, codified as N.D.C.C. § 11-10-26. You inquired whether the effect of the enactment would be to: 1) change the burden of proof in an eminent domain hearing from the government entity to the property owner; and 2) change the substantive issues to be decided. According to legislative hi