North Dakota Attorney General Opinions

N.D.A.G. Letter to Johnson (April 29, 1987) April 29, 1987 Mr. Dennis Edward Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of February 12, 1987, wherein you inquired about the taxable status of a certain land description located within McKenzie County. I apologize for the delay in responding to you. As I understand the facts in this case, the land in question was allotted by the federal government and is presently owned in fee patent by a Native American Indian who is an enrolled member of the Three Affiliated

N.D.A.G. Letter to Sorenson (April 22, 1987) April 22, 1987 Honorable William Sorenson State Representative 206 Estevan Drive Bismarck, ND 58501 Dear Representative Sorenson: We have received your request of this office to determine whether citizens have the right to initiate or refer park district ordinances. North Dakota law as, found at N.D.C.C. § 40-12-01, provides for the initiative and referendum to apply only to municipal ordinances of those cities operating under the commission and modern council systems of government except those cities adopting the eleven member form of counc

N.D.A.G. Letter to Sorenson (April 22, 1987) April 22, 1987 Honorable William Sorenson State Representative 206 Estevan Drive Bismarck, ND 58501 Dear Representative Sorenson: We have received your request of this office to determine whether citizens have the right to initiate or refer park district ordinances. North Dakota law as, found at N.D.C.C. § 40-12-01, provides for the initiative and referendum to apply only to municipal ordinances of those cities operating under the commission and modern council systems of government except those cities adopting the eleven member form of counc

N.D.A.G. Letter to Moore (April 21, 1987) April 21, 1987 Honorable Marshall W. Moore Chairman, Political Subdivisions Committee House of Representatives 3019 Peterson Parkway Fargo, ND 58102 Dear Representative Moore: Thank you for your letter of April 8, 1987, inquiring on behalf of Representative Jim Brokaw as to questions concerning park districts. Your first question is whether a park district may obtain tax moneys which were apparently levied on its behalf by a city some 8 to 10 years ago but were never delivered to the park district. We have attempted t

N.D.A.G. Letter to McLean (April 20, 1987) April 20, 1987 Mr. Stephen M. McLean City Attorney Oakes, ND 58474 Dear Mr. McLean: Thank you for your letter of March 27, 1987, regarding the City of Oakes' noise ordinance. The state of North Dakota has not formally adopted any rules regarding noise. Therefore, the state levels referred to in your correspondence are at the present time only recommendations. The State Department of Health is aware of the noise ordinance in effect in the City of Oakes and notes that it is comparable to other noise ordinances adopted by

N.D.A.G. Letter to Olson (April 16, 1987) April 16, 1987 Honorable John M. Olson Senate Minority Leader North Dakota Senate State Capitol Bismarck, ND 58505 Dear Senator Olson: Thank you for your letter of April 7, 1987, inquiring as to whether the State Board of Higher Education or the Legislative Assembly may change the name of a state institution of higher education without a constitutional amendment. As part of your inquiry, you have asked that I reconsider Attorney General’s Opinion 83-7 (1983 N.D. Op. Att’y Gen. 17). I have also received your letter of April 14,

N.D.A.G. Letter to Leingang (April 15, 1987) April 15, 1987 Mr. Robert J. Leingang Secretary-Inspector North Dakota State Plumbing Board 204 West Thayer Avenue Bismarck, ND 58501 Dear Mr. Leingang: Thank you for your letter of March 31, 1987, concerning the installation of household water heaters. North Dakota law, as found at N.D.C.C. § 43-18-11.1, provides that employees of dealers in household appliances need not be licensed when installing household appliances. There is no definition of the term "household appliances" within this statute. This statute was passed by the 1975 Legis

N.D.A.G. Letter to Meier (April 14, 1987) April 14, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of March 18, 1987, asking whether the Secretary of State should accept filings (North Dakota Central Notice System filings) on statutory liens that do not contain the signature of the debtor. First of all, I think it is important to note some applicable statutes. N.D.C.C. § 41-01-11 states, in part, as follows: 41-01-11. (1-201) GENERAL DEFINITIONS. 37. "Security interest" means an interest in personal pro

N.D.A.G. Letter to Seaworth (April 7, 1987) April 7, 1987 Mr. Hugh P. Seaworth Bismarck City Attorney 221 North Fifth Street P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Seaworth: Thank you for your letter of March 25, 1987, regarding N.D.C.C. §§ 48-02-12 and 40-13-05. Your first question concerns N.D.C.C. § 48-02-12 which makes it unlawful for any member, employee, or appointee of a governing body to be personally interested in public contracts. Your inquiry is whether this prohibition applies to public contracts or only those contracts subject to N.D.C.C. Ch. 48-02. This question has o

N.D.A.G. Letter to Myers (April 6, 1987) April 6, 1987 Mr. Earle R. Myers, Jr. Richland County State's Attorney Law Enforcement Center Wahpeton, ND 58075 Dear Mr. Myers: Thank you for your letter of March 23, 1987, concerning a proposed cooperative effort on behalf of several political subdivisions for the construction of a building. Your inquiry is whether such a proposal satisfies the requirement of N.D.C.C. 54-40-08 concerning the joint exercise of governmental powers. Enclosed you will find a copy of a letter written in 1978 by then Chief Deputy Attorney General VandeWalle respondi

N.D.A.G. Letter to Stefonowicz (April 1, 1987) April 1, 1987 Mr. Michael W. Stefonowicz Divide County State's Attorney 115 South Main P.O. Box 289 Crosby, ND 58730 Dear Mr. Stefonowicz: I am writing you as a follow-up to my earlier letter of February 26, 1987. In that letter, I agreed with your suggestion that one solution to the problem of overlapping rural ambulance service districts was a change of the boundaries of those service districts. I also suggested an alternative solution to this problem whereby taxpayers would appeal to their respective county boar

N.D.A.G. Letter to Tebelius (March 31, 1987) March 31, 1987 Mr. Mark A. Tebelius Harvey City Attorney 1012 Lincoln Avenue Harvey, ND 58341-1595 Dear Mr. Tebelius: Thank you for your letter of March 20, 1987, concerning a city of Harvey street improvement project. Your inquiry is whether the city council may change assessments to property located within the street improvement district after those assessments have been finalized and certified to the county auditor. We have reviewed the statutes found in N.D.C.C. Ch. 40-23 concerning the assessments of benefits

N.D.A.G. Letter to Redlin (March 30, 1987) March 30, 1987 Honorable Rolland W. Redlin State Senator Senate Chambers State Capitol Bismarck, North Dakota 58505 Dear Senator Redlin: Thank you for your letter of March 4, 1987, referring to my attention remarks made by Senator Dotzenrod and an inquiry from Senator Streibel concerning those remarks. The inquiry relates to whether Senator Dotzenrod's remarks were impermissible under N.D. Const. Art. IV, §9. N.D. Const. Art. IV, §9, basically provides that a legislator may not offer or promise to give his or her vote or influence in favor

N.D.A.G. Letter to Johnson (March 30, 1987) March 30, 1987 Mr. Dennis Edward Johnson McKenzie County State's Attorney P.0. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of March 17, 1987, requesting some help on a possible controversy within your county as to township elections. Apparently, someone who owns land in one township but lives in a neighboring township desires to run for a township office in the township in which he only owns land. It is assumed that the person claims as his residency the township in which he lives as opposed to the township in w

N.D.A.G. Letter to Bullinger (March 26, 1987) March 26, 1987 Mr. Kenan L. Bullinger Interim Assistant Director North Dakota State Laboratories Lock Box 937 Bismarck, ND 58502 Dear Mr. Bullinger: Thank you for your letter requesting a legal opinion regarding the registration of "economic poisons." You inquire whether the State Laboratories Department has the authority to deny registration of a pesticide product when the product bears a label that has been approved by the Environmental Protection Agency. The distribution and sale of pesticide products within the

N.D.A.G. Letter to Sinner (March 25, 1987) March 25, 1987 Honorable George A. Sinner Governor State Capitol Bismarck, North Dakota 58505 Dear Governor Sinner: Your office has asked for our opinion as to who will assume the powers and duties of the office of Governor while you are out of state. We conclude that when there is a vacancy in the Lieutenant Governor's office, the Secretary of State shall act as Governor during the Governor's absence from the state. There is an apparent conflict in the constitutional provisions and statutes relating to this issue. Under N.D. Const. Art.

N.D.A.G. Letter to Schmiess (March 23, 1987) March 23, 1987 Dr. Al Schmiess Administrative Assistant North Dakota State Board of Dental Examiners P.O. Box 1175 Jamestown, ND 58402-1175 Dear Dr. Schmiess: Thank you for your letter of March 11, 1987, inquiring as to the ability of the North Dakota State Board of Dental Examiners to make a cash contribution to the North Dakota Coalition for Impaired Health Professionals. The powers of the Board of Dental Examiners is found at N.D.C.C. § 43-28-06. In reviewing this section, there appears to be no authority within the Board to make such a

N.D.A.G. Letter to Meier (March 23, 1987) March 23 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, North Dakota 58505 Dear Secretary of State Meier: Thank you for your letter of February 27, 1987, regarding the procedure that should be followed when the owner of a registered trademark changes its name. As you state in your letter, Dickinson State College is the owner of a "Business Challenge" registered trademark. Recently, the State Board of Higher Education changed the name of Dickinson State College to State University of North Dakota - Dickinson (SUND - Dickinso

N.D.A.G. Letter to Tornes (March 20, 1987) March 20, 1987 Mr. Gary Tornes Director Central Personnel Division Office of Management and Budget State Capitol Bismarck, ND 58505 Dear Mr. Tornes: Thank you for your letter of January 16, 1987, in which you request an opinion of the Office of Attorney General whether the statutory appointing authority for an agency can dismiss appointees and whether the executive director is the appointing authority of the North Dakota Indian Affairs Commission. The North Dakota Indian Affairs Commission was created by provision of N.D.C.C. § 54-36-01, whi

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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