North Dakota Attorney General Opinions

N.D.A.G. Letter to Larson (July 7, 1989) July 7, 1989 Honorable Diane Larson State Representative District 52 413 Cambridge Bismarck, ND 58504 Dear Representative Larson: Thank you for your May 8, 1989, letter asking whether the Governor or any other elected or appointed official may campaign for or against an issue at state expense. The powers and duties of public officers are prescribed by the state constitution and by state statutes. Generally speaking, public officials have only such authority as the constitution and statutes expressly give them, together wit

N.D.A.G. Letter to Koppang (July 7, 1989) July 7, 1989 Mr. Alton N. Koppang Director School Finance & Reorganization Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Koppang: Thank you for your June 8, 1989, letter in which you request an opinion concerning what constitutes a majority of qualified electors within the meaning of N.D.C.C. § 15-40.2-01 and what constitutes a quorum of a school board when some of the members have resigned or refuse to attend the meetings. I will respond to your second question in this letter. The first question, however, will re

N.D.A.G. Letter to Hoffner (July 7, 1989 ) July 7, 1989 Honorable Serenus Hoffner State Representative 1424 Atlanta Drive Bismarck, ND 58504 Dear Representative Hoffner: Thank you for your June 14, 1989, letter requesting my opinion on the validity of the enactment of House Bill No. 1586 by the Fifty-first Legislative Assembly. Your letter specifically requests my opinion on three matters. First, you ask whether the Legislature complied with applicable requirements concerning fiscal notes and a retirement committee report. Second, you ask whether the fiscal notes and

N.D.A.G. Letter to Herr (July 7, 1989) July 7, 1989 Mr. Richard E. Herr City Attorney P.O. Box 67 Wishek, ND 58495-0067 Dear Mr. Herr: Thank you for your June 6, 1989, letter regarding aboveground storage tanks. In my opinion, the city of Wishek has the authority to pass a local zoning ordinance which would require that aboveground storage tanks be smaller than the maximum capacity size referenced in Senate Bill No. 2492, which was recently passed by the 1989 Legislature. As you may be aware, the federal government has established standards regarding underground storage tanks and thos

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-8 Date issued: July 7, 1989 Requested by: Stephen L. McDonough, M.D., Chief, Preventive Health Section, State Department of Health and Consolidated Laboratories - QUESTION PRESENTED - Whether North Dakota's Human Rights Act, N.D.C.C. ch. 14-02.4, as amended by Senate Bill No. 2051, 51st Leg. (1989), applies to discrimination against individuals infected with Human Immunodeficiency Virus (HIV), including individuals with asymptomat

N.D.A.G. Letter to Vogel (July 5, 1989) July 5, 1989 Honorable Sarah Vogel Commissioner North Dakota Department of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Vogel: Thank you for your May 31, 1989, letter concerning appointments to the Credit Review Board. You ask whether a person who has contracted to provide services to the state of North Dakota as an agricultural mediation negotiator is eligible for appointment to the Credit Review Board. N.D.C.C. § 6-09.10-02 governs the membership of the Credit Review Board. That statute provides, in

N.D.A.G. Letter to Thompson (July 5, 1989) July 5, 1989 Honorable Vern Thompson State Representative P.O. Box 25 Minnewaukan, ND 58351 Dear Representative Thompson: Thank you for your May 3, 1989, letter asking two questions concerning a city's ability to delegate the functions of a city officer or city governing body to another city officer. Your first question is whether the city commissioners may delegate any of the functions or duties of the city auditor to a city coordinator. N.D.C.C. § 40-16-03 lists the duties and responsibilities of a city auditor. N.D.C.C. § 40-16-16 auth

N.D.A.G. Letter to Evenson (July 5, 1989) July 5, 1989 Ms. Donna Evenson North Dakota Council on the Arts Black Building, Suite 606 Fargo ND 58102 Dear Ms. Evenson: Thank you for your May 1, 1989, letter concerning the Local Education in the Arts Planning Program as administered by the North Dakota Council on the Arts ("Council"). Your letter questions the eligibility of the Catholic Schools of the Diocese of Fargo to receive a grant from this program because of the separation of church and state doctrine. I apologize for the delay in responding to your letter. The doctrine of separati

N.D.A.G. Letter to Tokach (June 23, 1989) June 23, 1989 Honorable Dick Tokach District 53 House of Representatives HCR 2, Box 48 St. Anthony, ND 58566 Dear Representative Tokach: Thank you for your May 26, 1989, letter concerning section 9 of House Bill No. 1494. Section 9 of House Bill No. 1494 authorizes the board of county park commissioners to levy an annual tax for the purpose of acquiring real estate as a site for public parks, the construction of recreational facilities, the renovation and repair of recreational facilities, and the furnishing of recreational facilities. Where t

N.D.A.G. Letter to Person (June 23, 1989) June 23, 1989 Mr. Alan Person Executive Director Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502-1214 Dear Mr. Person: Thank you for your June 13, 1989, letter requesting my opinion as to whether N.D.C.C. § 54-52.1-06 provides that each state employee is entitled to a health insurance contract. It is my understanding that the real issue is whether a husband and wife, who are both state employees, are each entitled to be a contract holder under the state's uniform group insurance program. It is my further un

N.D.A.G. Letter to Larson (June 23, 1989) June 23, 1989 Honorable Rod Larson State Representative District 13 36 Park Drive West Fargo, ND 58078 Dear Representative Larson: Thank you for your June 2, 1989, letter concerning the applicability of the public records law to a law enforcement record concerning a juvenile. North Dakota's public records law provides that all records of public or governmental bodies shall be public records open and accessible for inspection during reasonable office hours "[e]xcept as otherwise specifically provided by law." N.D.C.C. § 44-04-18. Currently, the

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-7 Date issued: June 23, 1989 Requested by: Nancy Jo Bateman, Executive Director North Dakota Beef Commission - QUESTION PRESENTED - Whether an agency subject to the public records law may assess a charge (other than copying costs) for access to public records. - ATTORNEY GENERAL'S OPINION - It is my opinion that an agency subject to the public records law may not assess a charge (other than copying costs) for

N.D.A.G. Letter to Rohrich (June 9, 1989) June 9, 1989 Mr. F. C. Rohrich Linton City Attorney P.O. Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your May 18, 1989, letter concerning a proposed city ordinance addressing the hiring of city police officers. We have also received a letter from the Linton mayor and members of the Linton city council. From these various materials, it appears that the proposed ordinance is designed to accomplish the following goals: 1. Require the mayor and a committee of two or more aldermen to conduct all interviews of the applicants for polic

N.D.A.G. Letter to Spier (June 7, 1989 ) June 7, 1989 Mr. Elden G. Spier Director Drivers License and Traffic Safety Division North Dakota State Highway Department 608 East Boulevard Avenue Bismarck, ND 58505-0700 Dear Mr. Spier: Thank you for your letter of May 30, 1989, in which you have requested approval of amendments to the North Dakota Uniform Complaint and Summons. I have had an opportunity to review the proposed amendments, and pursuant to N.D.C.C. § 39-06.1-07, I do approve the amendments to the Uniform Complaint and Summons as outlined in your May 30, 1989, letter to me. Y

N.D.A.G. Letter to Wogsland (June 5, 1989) June 5, 1989 Honorable Dan Wogsland State Senator District 23 Route 1, Box 196 Hannaford, ND 58448 Dear Senator Wogsland: Thank you for your May 11, 1989, letter requesting my opinion on Senate Bill No. 2418 as it applies to a water treatment plant project in your district. Senate Bill No. 2418 amends N.D.C.C. ch. 48-02 which sets forth the competitive bidding requirements for public construction projects. In your letter you request my opinion on two questions. Your first question is whether a project is subject to Senate Bill No. 2418 if the

N.D.A.G. Letter to Sinner (June 2, 1989) June 2, 1989 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: Thank you for your May 19, 1989, letter concerning the scope of House Bill No. 1226. This bill designates July 3, 1989, as a holiday in recognition of the centennial of the state of North Dakota. House Bill No. 1226 does not indicate the scope of the holiday declared on July 3, 1989. There is no indication within the statute concerning its application to state employees, employees of political subdivisions, or to oth

N.D.A.G. Letter to Kroke (June 1, 1989) June 1, 1989 Mr. Jon F. Kroke Steele County State's Attorney P.O. Box 565 Finley, ND 58230 Dear Mr. Kroke: Thank you for your May 2, 1989, letter inquiring whether a county is required to replace a bridge on a township road which was damaged by flooding, closed, and then ultimately removed in the interest of public safety. A board of county commissioners' responsibilities for the construction, reconstruction, and repair of bridges on township roads is provided in N.D.C.C. § 24-08-01 and 24-08-03. Specifically, N.D.C.C. § 24-08-01 obligates a boar

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-6 Date issued: June 1, 1989 Requested by: Timothy L. Kingstad, Commissioner State Land Department - QUESTION PRESENTED - Whether a nonexempt person's possessory interest in government-owned real property that is managed or controlled by the Board of University and School Lands is subject to taxation on the value of the possessory interest if the real property is not subject to payments in lieu of ad valorem taxes. - ATTORNEY GENERAL'S OPINION - It is my opinion that a nonexempt person's possessory interest in government-owned real propert

N.D.A.G. Letter to Tornes (May 30, 1989) May 30, 1989 Mr. Gary L. Tornes Director Central Personnel Division State Capitol Bismarck, ND 58505 Dear Mr. Tornes: Thank you for your May 10, 1989, letter, concerning the applicability of N.D.C.C. § 12.1-10-04 to administrative hearings. N.D.C.C. § 12.1-10-04 states as follows: 12.1-10-04. Hindering proceedings by disorderly conduct. 1. A person is guilty of a class A misdemeanor if he intentionally hinders an official proceeding by noise or violence or tumultuous behavior or disturbance. 2. A person is guilty of a cla

N.D.A.G. Letter to Keller (May 30, 1989) May 30, 1989 Honorable Joe Keller State Senator District 33 Route 1, Box 187 Beulah, ND 58523 Dear Senator Keller: Thank you for your April 24, 1989, letter regarding the power and authority of electric cooperatives under N.D.C.C. ch. 10-13. Because a final answer concerning a cooperative's ability to issue a guaranty depends primarily upon the facts present in each case, a formal Attorney General's opinion, which is issued only to resolve questions of law, is not appropriate. Instead, I will provide you with a general discus

N.D.A.G. Letter to Johnson (May 30, 1980) May 30, 1989 Mr. Dennis E. Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your May 8, 1989, letter concerning the North Dakota seed laws. You ask about an apparent conflict between N.D.C.C. § 4-09-14 and N.D.C.C. § 4-09-15. N.D.C.C. ch. 4-09 generally governs the State Seed Department and other seed matters, including when and how seed must be labeled. N.D.C.C. §§ 4-09-10, 4-09-11, 4-09-11.1, and 4-09-11.2 specify the labeling requirements for, respectively, agricult

N.D.A.G. Letter to Henegar (May 30, 1989) May 30, 1989 Mr. Dale Henegar North Dakota Game and Fish Department 100 North Bismarck Expressway Bismarck, ND 58505-5095 RE: Ownership of and public access to Missouri River Tract in Sections 7 and 8, Township 138 North, Range 80 West, Burleigh County (Fox Island) Dear Mr. Henegar: Thank you for your September 20, 1988, letter in which you ask several questions concerning title to and property interests in a tract of land in Sections 7 and 8 of Township 130 North, Range 80 West, Burleigh County. This tract is depicted on the attached map. In

N.D.A.G. Letter to Price (May 19, 1989) May 19, 1989 Mr. Robert Q. Price Price & LaQuay P.O. Box 69 Langdon, ND 58249 Dear Mr. Price: Thank you for your April 6, 1989, letter concerning the responsibility of water resource districts to manage water within their boundaries. The three questions posed by your letter can be distilled into two issues: 1) the responsibility of a water resource district to manage water within its jurisdiction; and 2) the authority of a city to sell water. Any analysis of these questions is dependent upon factual determinations.

N.D.A.G. Letter to Larson (May 19, 1989) May 19, 1989 Mr. Stuart A. Larson Trail County State's Attorney P.O. Box 847 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your April 12, 1989, letter regarding county roads through city limits. Your first question is whether a North Dakota city may legally refund money a county has given it for resurfacing that part of the county's road lying within the city's limits if the county subsequently abandons that portion of the county road which was resurfaced and which, after being abandoned by the county, will continue to form and be used as an

N.D.A.G. Letter to Kroke (May 19, 1989) May 19, 1989 Mr. Jon F. Kroke Steele County State's Attorney P.O. Box 565 Finley, ND 58230 Dear Mr. Kroke: Thank you for your May 10, 1989, letter inquiring whether a part-time state's attorney may hold office as a part-time municipal judge in another county. N.D.C.C. § 11-16-05(2) provides as follows: 11-16-05. Restrictions on powers or state's attorney -- Option regarding full-time state's attorneys -- Penalty for breach of duty. The state's attorney shall not: . . . 2. Be eligible to or hold any judicial office except that

N.D.A.G. Letter to Stefonowicz (May 17, 1989) May 17, 1989 Mr. Michel W. Stefonowicz Divide County State's Attorney P.O. Box 289 Crosby, ND 58730-0289 Dear Mr. Stefonowicz: Thank you for your March 28, 1989, letter inquiring whether N.D.C.C. § 57-23-04(1)(h) authorizes a board of county commissioners to abate property taxes on a pro rata basis if a building which was in existence on the assessment date is subsequently voluntarily removed during the assessment year. My office has learned that the Divide County Board of Commissioners received a letter dated February 23, 1989, from Mr. Ba

N.D.A.G. Letter to Sanstead (May 16, 1989) May 16, 1989 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Superintendent Sanstead: Thank you for your May 5, 1989, letter requesting approval to adopt emergency administrative rules. N.D.C.C. § 28-32-03(2)(b) states that an administrative agency, subject to applicable constitutional or statutory provisions, may cause an emergency rule to become effective immediately upon approval by the Attorney General or at a date prior to the u

N.D.A.G. Letter to Johnson (May 12, 1989) May 12, 1989 Mr. Erik R. Johnson City Prosecutor Office of City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Johnson: Thank you for your April 24, 1989, letter concerning a municipal court's jurisdiction to hear, try, and determine a municipal ordinance violation equivalent to a violation of N.D.C.C. § 39-08-01. Opinions of the Attorney General are not binding upon the judiciary. Only the courts, therefore, have the authority to determine whether or not they have jurisdiction under any particular circumstances. I do, however, offer for

N.D.A.G. Letter to Sinner (May 11, 1989) May 11, 1989 Honorable George A. Sinner Governor Office of the Governor State Capitol - 1st Floor 600 East Boulevard Bismarck, ND 58505 Dear Governor Sinner: Thank you for your inquiry requesting my opinion on whether personal attendant care aides who contract with counties to perform community-based in-home services for the elderly and disabled are independent contractors or employees for unemployment compensation purposes. To determine whether an individual is an employee or an independent contract for unemployment compen

N.D.A.G. Letter to Lindgren (May 10, 1989) May 10, 1989 Honorable Jay Lindgren State Representative District 13 P.O. Box 603 West Fargo, ND 58078 Dear Representative Lindgren: Thank you for your March 16, 1989, letter requesting an opinion concerning the applicability of North Dakota law concerning debt adjusting to companies which provide types of mortgage acceleration services. I apologize for the delay in responding to you. The subject of debt adjusting is addressed by N.D.C.C. ch. 13-06. N.D.C.C. § 13-06-02 provides a class A misdemeanor offense for perso

N.D.A.G. Letter to Farland (May 10, 1989) May 10, 1989 Mr. Darrell Farland Executive Director Governor's Council on Human Resources North Dakota Department of Human Services State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Farland: Thank you for your April 24, 1989, note concerning the North Dakota Council on the Status of Women ("NDCSW"). According to your note the NDSCW is gathering information for use in a book and weekly profiles to be released concerning women in North Dakota. You inquire as to the legal authority of NDCSW to engage in th

N.D.A.G. Letter to Wald (April 28, 1989) April 28, 1989 Honorable Francis Wald State Representative District 37 P.O. Box 330 Dickinson, ND 58601 Dear Representative Wald: Thank you for your April 18, 1989, letter concerning sections 3 and 6 of House Bill No. 1604. You inquire whether a conflict exists between these two sections. Section 3 of House Bill No. 1604 requires every local school district to formulate and implement a comprehensive health education program. Each district must develop this program pursuant to guidelines adopted by the Superintendent of Public Instruction. Sect

N.D.A.G. Letter to Sanstead (April 28, 1989) April 28, 1989 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your January 27, 1989, letter requesting my opinion on whether doctors of chiropractic may perform physical examination upon high school students to determine their fitness to participate in athletic activities. Article XI of the constitution and bylaws of the North Dakota High School Activities Association (HSAA) currently prohibits pupils from representing their school in high school athlet

N.D.A.G. Letter to Sinner (April 26, 1989) April 26, 1989 Honorable George A. Sinner Governor Office of the Governor State Capitol Bismarck, ND 58505 Dear Governor Sinner: Thank you for your inquiry concerning your authority to overrule the decisions of appointed executive officers. I understand that the state Game and Fish Commissioner Dale Henegar intends to introduce into North Dakota waters a European breed of fish called the zander and that you believe that this introduction could have disastrous effects on the state's ecosystem. You have asked me whether

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-5 Date issued: April 21, 1989 Requested by: Doug Eiken, Director Parks and Recreation Department - QUESTION PRESENTED - Whether the Little Missouri Scenic River Commission may regulate activities affecting the Little Missouri River. - ATTORNEY GENERAL'S OPINION - It is my opinion that the Little Missouri Scenic River Commission may not regulate activities affecting the Little Missouri River. - ANALYSIS - All governmental power

N.D.A.G. Letter to Naaden (April 19, 1989) April 19, 1989 Honorable Pete Naaden District 30 P.O. Box 53 Braddock, ND 58524-0053 Dear Senator Naaden: Thank you for your April 10, 1989, letter regarding the ability of a board of county commissioners to use county road equipment for private road projects. A political subdivision, including a county, may only exercise those powers provided by law. N.D. Const. art. XII, § 2. Thus, a county must have specific statutory authority before it may perform non-county roadwork using county equipment. N.D.C.C. § 11-11-55 provides that a county may

N.D.A.G. Letter to Peterson (April 17, 1989) April 17, 1989 Mr. Jack Peterson Pesticide/Noxious Weed Director Department of Agriculture State Capitol Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your April 5, 1989, letter inquiring whether a county weed board may contribute money to the United States Department of Interior for certain weed control purposes on land owned by the Department of Interior. Your request really asks two separate questions; therefore, I will respond to each part separately. First of all, there is no statute preventing a county weed board from contributi

N.D.A.G. Letter to Olson (April 11, 1989) April 11, 1989 Honorable Alice Olson House of Representatives State Capitol Bismarck, ND 58505 Honorable Orville Schindler House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Olson and Representative Schindler: Thank you for your March 31, 1989, letter inquiring whether House Bill No. 1449 and N.D.C.C. § 20.1-03-12.1 conflict with one another concerning the deposit and expenditure of funds generated by the habitat restoration stamp program. In responding to your inquiry, I have examined the proposed second engrossme

N.D.A.G. Letter to Vogel (April 10, 1989) April 10, 1989 Hon. Sarah Vogel Commissioner of Agriculture Department of Agriculture State Capitol Bismarck, ND 58505 Dear Commissioner Vogel: Thank you for your March 28, 1989, letter concerning the authority of the Commissioner of Agriculture in regard to issuance, renewal, and revocation of livestock dealers' licenses. Generally speaking, public officials have only such authority as is expressly granted to them by the constitution and statutes, together with that authority which is necessarily implied from express grants of authority. Se

N.D.A.G. Letter to Olson (April 7, 1989) April 7, 1989 Hon. John M. Olson Senate Minority Leader Senate Chambers State Capitol Bismarck, ND 58505 Dear Senator Olson: Thank you for your March 27, 1989, letter inquiring whether any state laws might apply to a supervisory conversion of a federal savings institution operating in North Dakota from a mutual to a stock association or to a merger of such an institution. A federal savings and loan association is subject to supervision by the Federal Home Loan Bank Board and is not supervised by the North Dakota Commissioner of Banking. (N.D.C.

N.D.A.G. Letter to Marion (April 7, 1989) April 7, 1989 Mr. James L. Marion Chief Parole Office North Dakota Department of Parole and Probation P.O. Box 5521 Bismarck, ND 58502 Dear Mr. Marion: Thank you for your March 22, 1989, letter concerning application of N.D.C.C. §§ 12-54.1-01 and 12-59-05 to persons received at the Penitentiary or State Farm by order of a district court when the incarceration was imposed pursuant to a deferred imposition of sentence. You state that these persons have received a three-year deferred imposition of sentence with a condition

N.D.A.G. Letter to Hanson (April 7, 1989) April 7, 1989 Honorable Robert E. Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your April 4, 1989, letter inquiring whether the interest earned from the nongame wildlife fund created by N.D.C.C. § 20.1-02-16.2 should be deposited in that fund or in the game and fish fund of N.D.C.C. § 20.1-02-16.1. This office received similar inquiries from Representatives Brent Winkelman and Orville Schindler in 1986 concerning the disposition of interest earned by the habitat restoration stamp fund established by N.D

N.D.A.G. Letter to Witham (April 5, 1989) April 5, 1989 Mr. Lyle Witham McHenry County State's Attorney P.O. Box 390 Towner, ND 58788 Dear Mr. Witham: Thank you for your March 15, 1989, letter inquiring whether the asbestos abatement levy authorized by N.D.C.C. § 57-15-17.1 may be used for costs relating to the "encapsulation" of asbestos. N.D.C.C. § 57-15-17.1 authorizes a levy for the "removal" of asbestos. You indicate that, in your opinion, the levy may be used only for "removal," not "encapsulation," of the asbestos. Both the language and the legislative

N.D.A.G. Letter to Helphrey (March 27, 1989) March 27, 1989 Ms. Juanita Helphrey Executive Director North Dakota Indian Affairs Commission State Capitol Bismarck, ND 58505 Dear Ms. Helphrey: Thank you for your March 16, 1989, letter concerning the Native American Alcohol and Drug Abuse Education Fund ("Fund"). You ask which of the recent statutory enactments concerning the Fund should be followed in its implementation. This Fund was first established in 1981 through the enactment of House Bill No. 1605. 1981 N.D. Sess. Laws ch. 45. That statutory enactment created the Fund, establishe

N.D.A.G. Letter to Schmidt (March 23, 1989) March 23, 1989 Hon. Raymond Schmidt State Representative House Chambers State Capitol Bismarck, ND 58505 Hon. Erwin Hanson State Senator Senate Chambers State Capitol Bismarck, ND 58505 Dear Representative Schmidt and Senator Hanson: Thank you for your March 20, 1989, letter requesting an opinion concerning the applicability of N.D.C.C. § 15-35-01.1 to a proposed new school to be built by the New Public School District 8. N.D.C.C. § 15-35-01.1 provides that the construction, purchase, repair, improvement, renovat

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-4 Date issued: March 22, 1989 Requested by: Representative Alice Olson, Chairperson Natural Resources Committee North Dakota House of Representatives - QUESTION PRESENTED - Whether an annual property tax of a fixed amount per acre on severed mineral interests would violate the requirement of class uniformity under N.D. Const. art. X, ' 5. - ATTORNEY GENERAL'S OPINION - It is my opinion that an annual property tax of

N.D.A.G. Letter to Wogsland (March 21, 1989) March 21, 1989 Honorable Dan Wogsland North Dakota State Senate State Capitol Bismarck. ND 58505 Dear Senator Wogsland: Thank you for your March 17, 1989, letter concerning the status of cemetery tax levies following the enactment of House Bill No. 1251. This bill was successfully enacted during the 1989 Legislative Session and was filed with the Secretary of State's office on March 15, 1989. House Bill No. 1251 will, therefore, take effect on July 1, 1989. House Bill No. 1251 adds one sentence to N.D.C.C. § 57-15-27.1. T