North Dakota Attorney General Opinions

N.D.A.G. Letter to Ulmer (March 17, 1989) March 17, 1989 Rep. Dan Ulmer North Dakota House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Ulmer: Thank you for your recent letter regarding the application of North Dakota's open meetings law to a school board meeting. My staff has learned that your inquiry more specifically concerns a committee or "task force" appointed by the Mandan School Board. The North Dakota Supreme Court has not discussed the applicability of the open meetings law to committees of public bodi

N.D.A.G. Letter to Wold (March 16, 1989) March 16, 1989 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your December 27, 1988, letter to me. I apologize for the delay in responding to you. You have asked for clarification of the statutory provisions regarding the acquisition and ownership of farmland by a nonprofit corporation. Corporate ownership of farmland is governed by the provisions of N.D.C.C. ch. 10-06. That chapter generally prohibits the ownership of farm or ranch land by corporations. N.D.C.C. § 10-06-04.1 co

N.D.A.G. Letter to Tornes (March 7, 1989) March 7, 1989 Mr. Gary Tornes Director Central Personnel Division Office of Management and Budget State Capitol Bismarck, ND 58505 Dear Mr. Tornes: Thank you for your October 14, 1988, letter in which you requested an Attorney General's opinion. I apologize for the delay in responding to your letter. In your letter you ask for an Attorney General's opinion as to whether cash payments offered to an employee in lieu of health insurance benefits are part of the employee's salary. You indicate that a county social service board offered its employ

N.D.A.G. Letter to Payne (Feb. 27, 1989) February 27, 1989 Honorable Douglas Payne State Representative House Chamber State Capitol Bismarck, ND 58505 Dear Representative Payne: Thank you for your letter of December 30, 1988, discussing the ability of a city to restrict games of chance occurring within its jurisdiction. Although your letter was addressed to a member of my staff, I concluded that the matters discussed in your letter were appropriate for my review and response. Additionally, please accept my apologies for the delay in responding to you. Your specific questions address a

N.D.A.G. Letter to Hoy (Feb. 22, 1989) February 22, 1989 Mr. Robert G. Hoy Cass County State's Attorney P.O. Box 2806 Fargo, ND 58108 Dear Mr. Hoy: Thank you for your February 15, 1989, letter concerning a dissolution of two school districts. As part of those dissolutions, a question has arisen as to the appropriate recipient of the dissolved school districts' cash assets. Your letter states that the dissolution of the school districts involved occurred pursuant to N.D.C.C. ch. 15-27.4. These statutes do not specifically mention the distribution of assets of a dissolved district upon i

N.D.A.G. Letter to Riha (Feb. 20, 1989) February 20, 1989 Mr. Richard J. Riha Assistant Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Riha: Thank you for your January 31, 1989, letter concerning whether a person arrested and incarcerated on a warrant issued by a court for an alleged probation violation should be considered a pre-trial or sentenced prisoner. N.D.C.C. § 12-44.1-09(3) provides that In grade one and grade two jails and, where practicable, in grade three jails, the following groups of inmates must be housed

N.D.A.G. Letter to Vogelpohl (Feb. 8, 1989) February 8, 1989 Mr. Steven Vogelpohl Lincoln City Attorney P.O. Box 2575 Bismarck, ND 58502 Dear Mr. Vogelpohl: Thank you for your January 4, 1989, letter in which you request a clarification of N.D.C.C. § 57-15-55.1 as it applies to the situation in which the city council did not budget or request a levy for the transportation of Public school students for a one-year period. You specifically ask whether, as a result of not levying a tax which was authorized to be levied, the city council loses its ability to tax. If the city council does no

N.D.A.G. Letter to Renner (Feb. 3, 1989) February 3, 1989 Mr. Jerry Renner Kidder County State's Attorney P.O. Box 229 Steele. ND 58482 Dear Mr. Renner: Thank you for your letter of January 24, 1989, in which you inquire whether a city police officer can go outside of his geographic jurisdiction to investigate criminal offenses which occurred within his jurisdiction. N.D.C.C. § 40-20-05 sets forth the territorial jurisdiction of a city police officer. Unless that officer is in "hot pursuit," the city police officer has the authority to exercise powers as a peace officer within the city

N.D.A.G. Letter to Mathern (Feb. 3, 1989) February 3, 1989 Honorable Tim Mathern State Senator Senate Chambers State Capitol Bismarck, ND 58505 Dear Senator Mathern: Thank you for your letter to me dated January 24, 1989, concerning the application of the corporate farming law to the Church of the Transfiguration. The ownership of farmland by churches and other nonprofit organizations is governed by the provisions of N.D.C.C. ch. 10-06. That chapter generally prohibits the ownership of farmland by corporations. N.D.C.C. § 10-06-04.1 contains an exception to that prohibition for cert

N.D.A.G. Letter to Person (Feb. 2, 1989) February 2, 1989 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your November 28, 1988, letter requesting my opinion on several issues regarding participation of district health units in the North Dakota Public Employees Retirement System (PERS) and the North Dakota Uniform Group Insurance Program (Group Insurance Program). I apologize for the delay in responding to you. I will answer your questions in the order Presented . Your first questi

N.D.A.G. Letter to Slorby (Jan. 26, 1989) January 26, 1989 Mr. Tom P. Slorby Ward County State's Attorney Minot County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your September 30, 1988, letter. Your question concerns a tract of land Ward County acquired from the state by condemnation. The 1946 order of condemnation says the land was condemned for park and recreational purposes. The county is considering selling the land to a private person. Should it do so, the land would no longer be used for park and recreational purposes or for any other public

N.D.A.G. Letter to Slorby (Jan. 23 , 1989) January 23, 1989 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 17, 1989, concerning the legality of a proposed county donation to the Minot Railroad Museum Association. N.D. Const. art. X, § 18 prohibits a political subdivision from making a donation, not for the benefit of the poor, to any association or individual unless the Legislature has authorized the donation to be made by the political subdivision. Gripentrog v. City of Wahpeton , 126 N.W.

N.D.A.G. Letter to Kinsbury (Jan. 17, 1989) January 17, 1989 Rep. Harley Kingsbury State Representative House Chambers State Capitol Bismarck, ND 58505 Dear Rep. Kingsbury: Recently, Speaker of the House William Kretschmar forwarded your request for an Attorney General's opinion regarding any constitutional or statutorial limitations placed on members of the North Dakota Legislature from doing business with the state of North Dakota. For your general information, there existed at one time a statute (N.D.C.C. § 54-03-21) which banned legislators (and their spouses) who ow

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-1 Date issued: January 17, 1989 Requested by: Representative Francis J. Wald - QUESTION PRESENTED - Whether state law prohibits the serving of alcoholic beverages on state college or university property. - ATTORNEY GENERAL'S OPINION - It is my opinion that state law does not prohibit the serving of alcoholic beverages on state college or university property. However, this activity can be prohibited or regulated by the

N.D.A.G. Letter to Enget (Jan. 5, 1989) January 5, 1989 Mr. Wade Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter of December 27, 1988, in which you requested an Attorney General's opinion as to whether it is necessary to hire an architect prior to the replacement and cleanup of materials containing asbestos in an existing school structure. You also asked whether the school district could hire a local contractor to remove the asbestos rather than going through the sealed bid process. The require

N.D.A.G. Letter to McBeth (Dec. 30, 1988) December 30, 1988 Mr. Ronald W. McBeth Assistant State's Attorney Office of the Richland County State's Attorney Law Enforcement Center 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your letter of December 21, 1988. Your letter asks whether a county court, pursuant to N.D.C.C. § 30.1-27-04 has jurisdiction and authority to appoint a guardian for a minor child upon application by the child's parents, when one or both parents are living, competent, and have no physical or mental disabilities, their parental rights of

N.D.A.G. Letter to McBeth (Dec. 30, 1988) December 30, 1988 Mr. Ronald W. McBeth Assistant State's Attorney Office of the Richland County State's Attorney Law Enforcement Center 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your letter of December 21, 1988. Your letter asks whether a county court, pursuant to N.D.C.C. § 30.1-27-04 has jurisdiction and authority to appoint a guardian for a minor child upon application by the child's parents, when one or both parents are living, competent, and have no physical or mental disabilities, their parental rights of

ATTORNEY GENERAL'S OPINION 88-28 December 30, 1988 Page 1 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-28 Dated issued: December 30, 1988 Requested by: Representative Gordon Berg - QUESTION PRESENTED - Whether the United States Fish and Wildlife Service, in advancing the purposes of its waterfowl production areas, must comply with state law when seeking to close a section line, a public road that is not on a section line, or an "established trail." - ATTORN

N.D.A.G. Letter to Marion (Dec. 27, 1988) December 27, 1988 Mr. James L. Marion Clerk, ND Board of Pardons P.O. Box 5521 Bismarck, ND 58502-5521 Dear Mr. Marion: Thank you for your December 12, 1988, letter inquiring whether N.D.C.C. § 12-48.1-02 authorizes the Parole Board to allow an inmate to participate in a work and/or education release program if that inmate was sentenced under N.D.C.C. §§ 12.1-32-01(1) or 12.1-32-02.1. N.D.C.C. 12.1-32-01(1) provides: Notwithstanding the provisions of section 12-59-05, a person found guilty of a class AA felony shall not be

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-27 Date Issued: December 19, 1988 Requested by: Senator Jerry Waldera - QUESTION PRESENTED - Whether the transportation of saltwater produced by oil and gas wells is exempt from the Public Service Commission's authority under N.D.C.C. ch. 49- 18. - ATTORNEY GENERAL'S OPINION - It is my opinion that saltwater produced by oil and gas wells is not exempt from the Public Service Commission's authority under N.D.C.C. ch.

N.D.A.G. Letter to Lange (Dec. 15, 1988) December 15, 1988 Mr. Gregory L. Lange Attorney at Law P.O. Box 488 Hazen, ND 58545 RE: SWC Project #1404 Dear Mr. Lange: Thank you for your December 5, 1988, letter inquiring on behalf of the Mercer County Water Resource District as to whether the water resource district may cost share in a project sponsored by the Hazen Community Development program. The money, according to the November 2, 1988, letter from Harvey Huber of the Hazen Community Development Program, would be spent for "seed, fertilizer and chemical." There is no statutory author

N.D.A.G. Letter to Erickson (Dec. 14, 1988) December 14, 1988 Mr. Ralph Erickson Assistant City Attorney Ohnstad, Twichell Law Firm West Fargo State Bank Bldg. 901 13th Avenue East P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Erickson: Thank you for your letter of November 28, 1988, concerning the authority of non-home rule cities to enact ordinances relating to noncriminal traffic offenses and matters not otherwise addressed by state statute. A member of my staff has contacted you for the purpose of clarifying your inquiry. Your first inquiry concerns municipal ordinances relati

N.D.A.G. Letter to Preszler (Dec. 12, 1988) December 12, 1988 Commissioner Gary Preszler Department of Banking and Financial Institutions State Capitol Bismarck, ND 58505 Dear Commissioner Preszler: Thank you for your letter dated November 2, 1988, regarding the corporate farming law. In your letter you ask whether, under the facts recited in your letter, the Union Bank of Halliday may retain mineral interests it acquired after July 1, 1985. These interests were acquired by deeds given in lieu of foreclosure of mortgages entered into on February 3, 1983. The real property which was th

N.D.A.G. Letter to Harvey (Dec. 13, 1988) December 13, 1988 Sheriff Bob Harvey Administrator Burleigh County Jail P.O. Box 1416 Bismarck, ND 58502 Dear Sheriff Harvey: Thank you for your November 23, 1988, letter concerning N.D. Admin. Code § 10-05-06-09 and its requirement of health appraisals of inmates detained in grade one or grade two jails. The health appraisal required by N.D. Admin. Code § 10-05-06-09 must be given by a licensed physician or registered nurse within 14 days of admission. According to the rule, the nature and extent of the appra

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-26 Date issued: December 13, 1988 Requested by: James E. Sperry, Superintendent - QUESTIONS PRESENTED - I. Whether state law recognizes ownership interests in prehistoric skeletal remains. II. Whether it is necessary to determine ownership of skeletal remains in the State Historical Society collection before the State Historical Board may authorize reburial of the skeletal remains. III. Whether knowledge of provenience (time and s

N.D.A.G. Letter to Fine (Dec. 12, 1988) December 12, 1988 Ms. Karlene Fine Secretary Industrial Commission State Capitol Bismarck, ND 58505 Dear Ms. Fine: Thank you for your letter of October 17, 1988, concerning the lignite research fund and expenditures from the fund. Your first question is whether the $707,111 referred to in 1987 N.D. Sess. Laws ch. 5, § 13 is part of the appropriation made in 1987 N.D. Sess. Laws ch. 729. In chapter 729 the Legislature established the lignite research fund. Section 4 of chapter 729 creates a new section to N.D.C.C. ch. 57-61 to read as follows: S

N.D.A.G. Letter to Larson (Dec. 2, 1988) December 2, 1988 The Honorable Rod Larson House of Representatives District 13 36 Park Drive Riverside, ND 58078 Dear Representative Larson: Thank you for your letter of November 17, 1988, in which you requested an interpretation of N.D.C.C. § 40-53.2-03 concerning the consolidation of cities. The provisions of N.D.C.C. § 40-53.2-03 indicate that a municipal consolidation review commission shall be established upon approval of a "simple majority" of the votes cast by the voters of those cities seeking consolidation. The statute further states t

N.D.A.G. Letter to Person (Nov. 23, 1988) November 23, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of October 13, 1988, in which you request my opinion on whether an eligible employee may waive participation in the North Dakota Public Employees Retirement System (PERS) with the corresponding savings contributed to an alternative retirement system by the employer governmental unit. It is my understanding that the individua

N.D.A.G. Letter to Witham (Nov. 16, 1988) November 16, 1988 Mr. Lyle Witham McHenry County State's Attorney P.O. Box 390 Towner, ND 58788 Dear Mr. Witham: Thank you for your recent letter of November 4, 1988, in which you have set forth certain questions and your conclusions pertaining to the law enforcement duties and responsibilities of a sheriff within incorporated cities. I generally agree with all conclusions reached by you in that letter. N.D.C.C. § 11-15-03 sets forth the general duties of the sheriff pertaining to criminal and non-criminal violations of law.

N.D.A.G. Letter to Flagstad (Nov. 15 1988) November 15, 1988 Mr. Mark A. Flagstad Assistant Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Flagstad: Thank you for your October 28, 1988, letter. You have presented two questions concerning the existence of a statutory or constitutional right to a jury trial in an appeal to the county court after a determination by a municipal court that a person has committed a non-criminal traffic offense. I am unable to provide you with a specific opinion concerning these issues. Your letter indi

N.D.A.G. Letter to Gibbens ( Nov. 14, 1988) November 14, 1988 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter of September 12, 1988, regarding tax levy limitations for cities with a population of less than five thousand people. Specifically, you ask whether the tax levy limitations for cities provided in N.D.C.C. § 57-15-08 may be exceeded because of the language of 1987 N.D. Sess. Laws, ch. 673, § 1. I apologize for the delay in answering your letter. N.D.C.C. § 57-15-08 provides that "[t]he

N.D.A.G. Letter to Rohrich (Nov. 7, 1988) November 7, 1988 Mr. F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton ND 58552 Dear Mr. Rohrich: Thank you for your letter of September 20, 1988, concerning whether a local fire department, which receives rebates from insurance companies, is free to donate those rebates. N.D.C.C. § 26.1-04-03(8) expressly prohibits insurance companies from providing insurance rebates. For this reason, my staff asked the Insurance Department to determine the source of the "rebates" referred to in your letter. The Insuran

N.D.A.G. Letter to Burke (Nov. 3, 1988) November 3, 1988 Ms. Patricia L. Burke Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Burke: Thank you for your letter of October 7, 1988, inquiring whether a county court may require additional bond coverage for public administrators of a nature other than the security required by N.D.C.C. 11-21-02. You further asked who would be responsible for paying the increased bond amount if required by the court. N.D.C.C. 11-21-03 states, in part, as follows: The court, from time to time and as occasion may require,

N.D.A.G. Letter to Wilkes (Nov. 2, 1988) November 2, 1988 Mr. Richard C. Wilkes Assistant Burke County State's Attorney P.O. Box 39 Bowbells, ND 58721 Dear Mr. Wilkes: Thank you for your letter of October 19, 1988, concerning a township's duty to maintain a section line road and the potential liability for an automobile accident stemming from a breach of that duty. You stated in your letter that it is not known who originally constructed the road on the section line. You also stated that the road has not been maintained for "years" and has reverted to a prairie trail. You do not state

N.D.A.G. Letter to Wilkes (Nov. 2, 1988) November 2, 1988 Mr. Richard C. Wilkes Assistant Burke County State's Attorney P.O. Box 39 Bowbells, ND 58721 Dear Mr. Wilkes: Thank you for your letter of October 19, 1988, concerning a township's duty to maintain a section line road and the potential liability for an automobile accident stemming from a breach of that duty. You stated in your letter that it is not known who originally constructed the road on the section line. You also stated that the road has not been maintained for "years" and has reverted to a prairie trail. You do not state

N.D.A.G. Letter to Vogelpohl (Nov. 2, 1988) November 2, 1988 Mr. Steven L. Vogelpohl Lincoln City Attorney P.O. Box 2575 Bismarck, ND 58502-2575 Dear Mr. Vogelpohl: Thank you for your letter of August 31, 1988, providing additional information concerning the bidding process for the Bismarck School District's bus transportation routes. You provided this information to obtain a clarification of N.D. Att'y Gen. Op. 88-13. I apologize for the delay in responding to you. The information in your letter indicates that in the bidding process the bidder was required to include a separate per mi

N.D.A.G. Letter to Patrie (Nov. 1, 1988) November 1, 1988 Mr. William S. Patrie Director North Dakota Economic Development Commission Liberty Memorial Building State Capitol Grounds Bismarck, ND 58505 Dear Mr. Patrie: Thank you for your September 2, 1988, letter in which you ask whether the Small Business Training Network Corporation may be dissolved and the functions of that corporation assumed by the North Dakota Economic Development Commission (EDC). The primary question is whether EDC may collect user fees from participating small businesses and expend this revenue on the small bu

N.D.A.G. Letter to Meier (Nov. 1, 1988) November 1, 1988 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary of State Meier: I am responding to a letter written to this office by attorney Gordon W. Schnell concerning professional corporations. Mr. Schnell asks for an opinion concerning two or more licensed medical specialties, such as optometry and ophthalmology, within a single professional corporation. As you know, I am unable to provide an official opinion to Mr. Schnell because of the restrictions provided by N.D.C.C. § 54-12-01. Opinions of the A

N.D.A.G. Letter to Mehrer (Nov. 1, 1988) November 1, 1988 Mr. Owen K. Mehrer Stark County State's Attorney P.O. Box 310 Dickinson, ND 58601 Dear Mr. Mehrer: Thank you for your letter of August 25, 1988, concerning Attorney General's Opinion 85-36 (1985 N.D. Op. Att'y Gen. 122) and its applicability to personal property foreclosures. I apologize for the delay in responding to you. Attorney General's Opinion 85-36 concluded that real estate foreclosure judgments are not money judgments under North Dakota law. In analyzing N.D.C.C. chs. 32-19 and 32-19.1, the opini

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-25 Date issued: October 28, 1988 Requested by: David M. Crane Hettinger County State's Attorney - QUESTION PRESENTED - Whether a petitioner may appeal to the State Board of Public School Education from the decisions of two county committees which have considered and rejected an annexation petition. - ATTORNEY GENERAL'S OPINION - It is my opinion that a petitioner may not appeal to the State Board of Public School E

N.D.A.G. Letter to Meier (Oct. 24, 1988) October 24, 1988 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 RE: Myron Farm, Inc. Farm File: 149 Dear Secretary Meier: Thank you for your letter of September 19, 1988, regarding the above-referenced farm corporation. The facts set forth in your letter and the enclosed correspondence between your office and officers of Myron Farm, Inc., are very similar to those discussed in my previous letter to you of January 30, 1987. I enclose a copy of that letter for your reference. As set out in my January 30, 1987, letter,

N.D.A.G. Letter to Wogsland (Oct. 20, 1988) October 20, 1988 Hon. Dan Wogsland State Senator District 23 Route 1, Box W8 Hannaford, ND 58448 Dear Senator Wogsland: Thank you for your letter dated October 16, 1988, in which you inquire as to the liability of a private landowner who permits hunting on such landowner's property. I have enclosed a copy of N.D.C.C. ch. 53-08 which limits the liability of landowners when their property is used for recreational purposes. This chapter does not impose a duty of care to keep the property safe for use for recreational purposes upon a landowner e

N.D.A.G. Letter to Sanstead (Oct. 17, 1988) October 17, 1988 Dr. Wayne G. Sanstead Department of Public Instruction State Capitol Bismarck. ND 58505 Dear Dr. Sanstead: Thank you for your letter of August 29, 1988, inquiring of the authority of the North Dakota Teachers' Professional Practices Commission to issue subpoenas. The Teachers' Professional Practices Commission (hereinafter referred to as "Commission") is established by N.D.C.C. § 15-38-17. The Commission consists of nine members appointed by the Governor. The nine members represent classroom teachers, school b

N.D.A.G. Letter to Person (Oct. 14, 1988) October 14, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your August 26, 1988, letter in which you ask whether the Public Employees Retirement Board (Board) has any potential liability arising from its administration of the State's deferred compensation program under N.D.C.C. ch. 54-52.2. Your first inquiry concerns the Board's potential liability for the investment performance of the approv

N.D.A.G. Letter to Person (Oct. 14, 1988) October 14, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your September 19, 1988, letter in which you discuss the requirements of section 89 of the Internal Revenue Code (26 U.S.C. § 89) and seek my opinion on two related questions. As you state in your letter, section 89 requires that employers' group health and life insurance programs comply with the statute's nondiscrimination requirements. In ad

N.D.A.G. Letter to Kringlie (Oct. 13, 1988) October 13, 1988 Mr. A. Roger Kringlie City of Northwood Northwood, ND 58267 Dear Mr. Kringlie: Thank you for your letter of October 7, 1988, inquiring whether a specific city ward may have more than one voting place. I assume that you are writing as the city attorney for Northwood. In your letter, you indicate your interpretation of N.D.C.C. § 16.1-04-02(1) to restrict the city and county governing bodies in the designation of a single polling place for each precinct. I am in agreement with that interpretation of that statute. This statut

N.D.A.G. Letter to Wild (Oct. 6, 1988) October 6, 1988 Mr. Steven J. Wild Bowman County State's Attorney P.O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter dated August 11, 1988, requesting my opinion concerning an easement given by P. A. Harder to the State of North Dakota on September 7, 1934. I apologize for the delay in responding. The analysis in this letter is based solely upon those facts that appear on the face of the copy of the easement you provided to me. I am unable to give an opinion as to the legal ability of P. A. Harder to grant the easement or wheth