North Dakota Attorney General Opinions

N.D.A.G. Letter to Torkelson (July 22, 1986) July 22, 1986 Mr. Merle A. Torkelson McLean County State's Attorney Box 86 Washburn, ND 58577 Dear Mr. Torkelson: Thank you for your letter dated May 27, 1986, in which you requested an Attorney General's opinion on the following four questions: 1. Is a mobile home which is situated on land which is also owned by the mobile home owner realty or personalty for property and special assessment purposes; or should all mobile homes be taxed alike and under the provisions of N.D.C.C. Ch. 57-55 regardless of who owns the land? 2. If the correc

N.D.A.G. Letter to Riha (July 16, 1986) July 16, 1986 Mr. Richard J. Riha Assistant State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter of June 11, 1986, asking whether write-in votes should be counted even though it is impossible to determine whether the voter engaged in prohibited crossover voting. As explained in your letter, Burleigh County employs a punchcard system of voting. Votes for candidates appearing in the guide booklet or ballot label are recorded on the ballot card. Write-in votes are recorded on

N.D.A.G. Letter to Mathieson (July 16, 1986) July 16, 1986 Chief Christian V. Mathieson Chief of Police Devils Lake Police Department 222 West Walnut Street Devils Lake, ND 58301 Dear Chief Mathieson: Thank you for your letter of June 9, 1986, concerning the authority of an emergency medical technician (EMT-l) to withdraw blood from a person arrested for DUI for analysis under N.D.C.C. Ch. 39-20. The Devils Lake City Attorney has called this office to ask that your inquiry be considered as an inquiry by the City Attorney's Office. However, because opinions of the Attorney General are

N.D.A.G. Letter to Holmberg (July 16, 1986) July 16, 1986 Honorable Ray Holmberg State Senator 1701 Riverside Drive Grand Forks, ND 58201 Dear Senator Holmberg: Thank you for your letter of June 12, 1986, regarding whether the $60 limit on wages as provided for in N.D.C.C. §16.1-05-05 applies to election inspectors. N.D.C.C. §16.1-05-05 pertaining to compensation of election inspectors and other election workers provides in pertinent part, as follows: 16.1-05-05. COMPENSATION OF ELECTION OFFICERS -- COMMISSIONER OF LABOR TO CERTIFY MINIMUM WAGE APPLICABLE TO ELEC

N.D.A.G. Letter to Bohn (July 15, 1986) July 15, 1986 Mr. William G. Bohn State Court Administrator Supreme Court State Capitol Bismarck, ND 58505 Dear Mr. Bohn: Thank you for your letter of July 8, 1986. In your letter you asked the following two questions: 1. Will the Office of the Attorney General represent county judges in the event an action is brought against them when they are acting as a district judge? 2. Should there be a judgment against a county judge, while acting as a district judge, would we look to the state Legislature and/or Emergency Commission for indemni- fi

N.D.A.G. Letter to Strate (July 2, 1986) July 2, 1986 Mr. William L. Strate Watford City Attorney P.O. Box 494 Watford City, ND 58854 Dear Mr. Strate: Thank you for your letter of June 23, 1986, requesting an opinion as to the ability of the citizens of a city utilizing a council form of government to refer ordinances passed by the city council. As you accurately state in your letter, N.D.C.C. § 40-12-01 clearly limits the authority to initiate and refer municipal ordinances only to cities operating under the commission and modern council system of government except citi

N.D.A.G. Letter to Fine (July 1, 1986) July 1, 1986 Ms.. Karlene K. Fine Secretary Industrial Commission State Capitol Bismarck, ND 58505 Dear Ms. Fine: I have received an inquiry from Mr. Sam Kuhl, general manager, North Dakota Mill and Elevator, concerning the scheduled August 1, 1986, salary increases for union employees of the Mill and Elevator. Specifically, Mr. Kuhl inquired whether the state's policy to delay the scheduled July 1, 1986, salary increases, as declared by Governor Sinner, is applicable to union employees of the State Mill and Elevator. In t

N.D.A.G. Letter to Eiken (July 1, 1986) July 1, 1986 Mr. Douglas Eiken Director North Dakota Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, ND 58501 Dear Mr. Eiken: Thank you for your letter of June 2, 1986, concerning the use of the snowmobile trail tax fund. N.D.C.C. § 39-24-05 states as follows: 39-24-05. DISPOSITION OF REGISTRATION FEES. Fees from registration of snowmobiles shall be deposited with the state treasurer and credited to the motor vehicle registrar fund. The snowmobile trail tax shall be deposited in a

N.D.A.G. Letter to White Eagle (June 30, 1986) June 30, 1986 Ms. Maureen White Eagle City Attorney 423 Sixth Street P.O. Box 1048 Devils Lake, ND 58301 Dear Ms. White Eagle: Thank you for your letter of June 16, 1986, inquiring as to the ability of a member of a city governing body to become personally interested in the construction of a city building. North Dakota law, as found at N.D.C.C. Ch. 48-02, outlines various provisions and prohibitions involving the construction of public buildings. Included within these provisions is N.D.C.C. § 48-02-12. This particular statute prohibits me

N.D.A.G. Letter to White Eagle (June 30, 1986) June 30, 1986 Ms. Maureen White Eagle City Attorney 423 Sixth Street P.O. Box 1048 Devils Lake, ND 58301 Dear Ms. White Eagle: Thank you for your letter of June 16, 1986, inquiring as to the ability of a member of a city governing body to become personally interested in the construction of a city building. North Dakota law, as found at N.D.C.C. Ch. 48-02, outlines various provisions and prohibitions involving the construction of public buildings. Included within these provisions is N.D.C.C. § 48-02-12. This particular statute prohibits me

N.D.A.G. Letter to Torkelson (June 30, 1986) June 30, 1986 Mr. Merle A. Torkelson McLean County State's Attorney P.O. Box 86 Washburn, ND 58577 Dear Mr. Torkelson: Thank you for your letter of June 2, 1986, regarding voter residency. The question of one's voting residency is a difficult issue to resolve as questions of one's residence are questions of fact rather than law. The specific facts of each case must be examined to resolve the issue of residency. However, some general statements of law can be presented. Our Supreme Court, in Dietz v. City of Medora ,

N.D.A.G. Letter to Satrom (June 30, 1986) June 30, 1986 Ms. Katherine Satrom Chairman Workmen's Compensation Bureau 4007 North State Street Bismarck, North Dakota 58505 Dear Ms. Satrom: Thank you for your letter of May 16, 1986, requesting an opinion as to whether the North Dakota Workmen's Compensation Bureau may pay for medical payment/statistical analysis services for which it has contracted from the Bureau's general premium fund without having had a specific legislative appropriation. Art. X, §12 of the North Dakota Constitution requires the disbursement of public

N.D.A.G. Letter to Murphy (June 30, 1986) June 30, 1986 Honorable Jack Murphy House of Representatives 36th District Killdeer, ND 58640 Dear Representative Murphy: Thank you for your letter of June 9, 1986. First of all, I do not believe that the aerial applicator operating permit on Weydahl Airport, Killdeer, North Dakota, adopted by the Dunn County Airport Authority is a zoning regulation. Airport zoning regulations are those which divide airport hazard areas into zones and, within such zones, specify the land uses permitted. They regulate and restrict such th

N.D.A.G. Letter to Engmann (June 30, 1986) June 30, 1986 Mr. Scott Engmann Executive Secretary North Dakota Teachers' Fund for Retirement 1930 Burnt Boat Drive P.O. Box 7100 Bismarck, ND 58502 Dear Mr. Engmann: Thank you for your letter of May 23, 1986, in which you seek my advice concerning two questions. First, whether a school district "business manager" is a member of the Teachers' Fund for Retirement pursuant to N.D.C.C. §15-39.1-04(9)(a). If the answer to the first question is negative, you inquire whether "business managers" who are currently participating in the retirement pla

Office of the Attorney General State of North Dakota Opinion No. 86-22 Date Issued: June 27, 1986 Requested by: Nicholas B. Hall Walsh County State's Attorney --QUESTION PRESENTED-- Whether a municipal judge has jurisdictional authority in the absence of a district judge to issue an ex parte temporary protection order pursuant to N.D.C.C. § 14-07.1-08 upon application of a person who resides outside the territorial limits of a city. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a municipal judge has no jur

N.D.A.G. Letter to Mahoney (June 25, 1986) June 25, 1986 Mr. John J. Mahoney Oliver County State's Attorney Oliver County Courthouse Center, ND 58530 Dear John: Thank you for your letter of June 13, 1986, further discussing the prohibition against a person accepting a nomination to more than one office as found in N.D.C.C. 16.1-12-03. I appreciate your thoughts on this matter and your taking the time to express these additional concerns to me. As I understand your position, you believe that the Office of State's Attorney is not subject to the prohibition found within N.D.C.C. 16.1-12-0

N.D.A.G. Letter to Vogelpohl (June 18, 1986) June 18, 1986 Mr. Steven L. Vogelpohl Lincoln City Attorney P.O. Box 2575 Bismarck, ND 58502-2575 Dear Mr. Vogelpohl: Thank you for your letter of March 25, 1986, inquiring whether there is a minimum number of votes that a write-in alderman candidate must have in order to be elected to municipal office. I apologize for the delay in responding to you. N.D.C.C. § 40-21-13 discusses municipal elections and provides, in part, as follows: 40-21-13. MUNICIPAL ELECTIONS TO BE GOVERNED BY RULES APPLICABLE TO COUNTY ELECTIONS --ABSENT VOTING. The ma

N.D.A.G. Letter to Reierson (June 18, 19886) June 18, 1986 Mr. Kent A. Reierson Williams County State's Attorney P. O. Box 1246 Williston, North Dakota 58802 Dear Mr. Reierson: Thank you for your letter of April 29, 1986, concerning partial payments on an execution. Your first question is whether a sheriff may accept payments on an execution in place of executing on the judgment, if the sheriff has the approval of the judgment creditor or the creditor's attorney. N.D.C.C. Ch. 28-21 concerns executions on judgments. There is no statute in that chapter which spe

N.D.A.G. Letter to Sanstead (June 6, 1986) June 6, 1986 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your letter of May 21, 1986, regarding the applicability of North Dakota Century Code § 40-38-12 to public school libraries in North Dakota. N.D.C.C. §40-38-12 is an exception to the open records law found in N.D.C.C. §44-04-18 and provides for the nondisclosure of certain library records. North Dakota's open records law, as found in N.D.C.C. § 44-04-18, states as follows: 44-04-18. ACCESS TO PU

N.D.A.G. Letter to Mahoney (June 6, 1986) June 6, 1986 Mr. John J. Mahoney Oliver County State's Attorney P.O. Box 355 Center, ND 58530 Dear Mr. Mahoney: Thank you for your letter of February 4, 1986, asking whether one person may run for both a part-time state's attorney position and a seat in the North Dakota Legislature at the same election and, if ultimately elected to both, whether one may serve in both positions. I understand that the question you have posed is now moot given a change of circumstances. However, we have received a number of inquiries as

N.D.A.G. Letter to Ficek (June 6, 1986) June 6, 1986 Mr. Vince H. Ficek City Attorney P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter dated March 21, 1986, in which you requested an Attorney General's opinion on the legality of a plan to avoid a city-wide deficiency levy for delinquent special assessments. According to your letter, the city of Dickinson is experiencing economic hardship and many developers and entities are unable to pay special assessments on their property. As an alternative to levying a city-wide deficiency levy, you inquired about the

N.D.A.G. Letter to Riehl (June 5, 1986) June 5, 1986 Honorable Emil J. Riehl District #35 House of Representatives Raleigh, ND 58564 Dear Representative Riehl: Thank you for your letter of May 24, 1986, regarding voter residency requirements and anonymity of individuals voting by absentee ballot. North Dakota law, as found at N.D.C.C. § 16.1-01-04, provides that a person's voting residence is determined in accordance with the rules for determining residency as provided in N.D.C.C. §54-01-26. The residency rules are as follows: 54-01-26. RESIDENCE -- RULES FOR DETERMINING.

Office of the Attorney General State of North Dakota Opinion No. 86-21 Date Issued: June 5, 1986 Requested by: State Board of Equalization --QUESTION PRESENTED-- Whether a municipality can grant an ad valorem tax exemption for new industry to property which is centrally assessed by the State Board of Equalization. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a municipality cannot grant an ad valorem tax exemption for new industry to property which is centrally assessed by the State Board of Equalization. --ANALYSIS-- N.D.C

N.D.A.G. Letter to Marion (June 2, 1986) June 2, 1986 Mr. James L. Marion Chief Parole Officer Department of Parole and Probation P.O. Box 5521 Bismarck, ND 58502-5521 Dear Mr. Marion: Thank you for your letter dated May 21, 1986. You have stated that an individual has made an application to the Pardon Board to have his 1979 conviction expunged. Prior to placing this application upon the Pardon Board's calendar for consideration, you have inquired as to whether or not N.D.C.C. §12-53-18 is applicable to suspended executions of sentence which would permit the applicant to request that

N.D.A.G. Letter to Meyer (May 27, 1986) May 27, 1986 Honorable Walter Meyer State Senator Flasher, ND 58535 Dear Senator Meyer: Thank you for your letter concerning N.D.C.C. Ch. 11-26. This chapter, adopted in 1935, created county debt adjustment boards for each county in North Dakota. It provides that members of a county debt adjustment board are to be appointed by the judges of the district court. N.D.C.C. § 11-26-01. The board is authorized to determine the financial condition of a debtor. N.D.C.C. § 11-26-05. The general duties of the board are to "attempt to conciliate" between the

N.D.A.G. Letter to Meyer (May 27, 1986) May 27, 1986 Honorable Walter Meyer State Senator Flasher, ND 58535 Dear Senator Meyer: Thank you for your letter concerning N.D.C.C. Ch. 11-26. This chapter, adopted in 1935, created county debt adjustment boards for each county in North Dakota. It provides that members of a county debt adjustment board are to be appointed by the judges of the district court. N.D.C.C. § 11-26-01. The board is authorized to determine the financial condition of a debtor. N.D.C.C. § 11-26-05. The general duties of the board are to "attempt to conciliate" between the

N.D.A.G. Letter to Mehrer (May 27, 1986) May 27, 1986 Mr. Owen K. Mehrer Stark County State's Attorney P.O. Box 130 Dickinson, ND 58601 Dear Mr. Mehrer: Thank you for your letter of March 5, 1986, concerning child support arrearages reduced to money judgments. A member of my staff has spoken with you and Clerk of District Court Paulette Reule concerning this inquiry. Apparently, there are two essential questions to be resolved. The first question is whether reducing a child support arrearage to a money judgment releases the clerk of court from mandatory action on th

N.D.A.G. Letter to Lamb (May 27, 1986) May 27, 1986 Mr. Joseph S. Lamb Executive Vice President Chief Operating Officer Bank of North Dakota 700 East Main P.O. Box 5509 Bismarck, ND 58502-5509 Dear Mr. Lamb: I am writing you as a follow up to my letter of April 23, 1986. Specifically, I wish to discuss the last question of your letter of February 27, 1986, concerning the availability of state indemnification for employees of the Bank of North Dakota. I have reviewed the Bank of North Dakota policy with respect to the indemnification of bank directors, officers, and employees. This p

N.D.A.G. Letter to Juelson (May 27, 1986) May 27, 1986 Mr. John A. Juelson Hillsboro City Attorney Berg and Juelson P.O. Box 207 Caledonia Avenue Hillsboro, ND 58045 Dear Mr. Juelson: Thank you for your letter of May 9, 1986, inquiring as to the restrictions on a city in assessing a late payment charge on money due on an account. We assume your inquiry concerns a creditor who did not intend to extend any credit beyond thirty (30) days and who did not anticipate the late payment of the obligation. N.D.C.C. §13-01-14 does provide that creditors may charge, receive, and collect a late p

N.D.A.G. Letter to Melby (May 23, 1986) May 23, 1986 Honorable Arthur Melby District 14 House of Representatives 1392 Elm Avenue Harvey, ND 58341 Dear Representative Melby: Thank you for your letter of May 10, 1986, regarding Glen Johnson filing a petition of nomination for the office of Wells County sheriff one day after the April 16, 1986, filing deadline. The deadline for filing a petition of nomination for county sheriff is set forth in N.D.C.C. § 16.1-11-11. Pursuant to this provision of the law, Mr. Johnson's petition of nomination should have been filed before 4 p.m. on April 1

Overuled in part by N.D.A.G. 90-L-63 Date Issued: May 13, 1986 (AGO 86-20) Requested by: Honorable Ben Meier, Secretary of State - QUESTIONS PRESENTED - I. Whether a candidate for judge of a county court in those counties which have agreed to share the services of a county judge is required to satisfy the residency requirement in one of the counties to the agreement. II. Whether a candidate for judge of a county court in those counties which have agreed to share the services of a county judge is required to file a separate petition for nomination in each individual county. III. Whether th

N.D.A.G. Letter to White Eagle (May 7, 1986) May 7, 1986 Ms. Maureen White Eagle Devils Lake City Attorney P.O. Box 1048 Devils Lake, ND 58301 Dear Ms. White Eagle: Thank you for your letter of April 7, 1986, requesting an opinion as to the question of whether a non-attorney may serve as municipal judge in a city of a population of more than 3,000. North Dakota law, as found at N.D.C.C. § 40-18-01, provides that the municipal judge in a city having a population of 3,000 or more shall be an attorney licensed to practice law "unless no person so licensed is available in the city. . . ."

N.D.A.G. Letter to Thompson (May 7, 1986) May 7, 1986 Mr. Neil Thompson Attorney at Law P.O. Box 696 501 Third Street Devils Lake, ND 58301 Dear Mr. Thompson: Thank you for your letter of April 7, 1986, requesting that my office take action to open section lines within the counties of Ramsey, Benson, and Nelson which lead into Devils Lake. In your letter, you state that the county commissioners of these counties have refused to take action to open the section lines after being requested to do so. More specifically, as stated in your postscript, you are not demanding the county or town

N.D.A.G. Letter to Pelton (May 7, 1986) May 7, 1986 Mr. Clive Pelton, Chairman Dunn County Water Resource District Halliday, North Dakota 58636 Dear Mr. Pelton: Thank you for your letter of April 22, 1986, concerning the fiscal rights and responsibilities of the Dunn County Water Resource District. You asked whether the water district may accumulate funds for future projects. Attorney General's Opinion 86-2 dealt with this question and concluded such practice is lawful. A copy of Opinion 86-2 is attached for your review. I have learned it has been the long practice of your water distri

N.D.A.G. Letter to Kinsey (May 7, 1986) May 7, 1986 Mr. Robert W. Kinsey Divide County State's Attorney P. O. Box 30 Crosby, North Dakota 58730 Dear Mr. Kinsey: Thank you for your February 19, 1986, letter requesting clarification of Attorney General's Opinion 86-2, and an opinion as to whether the Divide County Commission may appropriate $20,000 in general fund moneys for a recreation project. I apologize for the delay in responding. Before responding to your questions, the facts in this situation will be set forth. In 1973, a water management district was est

Date Issued: May 7, 1986 (AGO 86-19) Requested by: Board of University and School Lands - QUESTION PRESENTED - Whether the Board of University and School Lands has the authority to agree to the shut-in of marginally economic wells which currently produce oil from state lands. - ATTORNEY GENERAL'S OPINION - The Board of University and School Lands has the authority to agree to the shut-in of marginally economic wells which currently produce oil from state lands.

N.D.A.G. Letter to Meier (May 6, 1986) May 6, 1986 Honorable Ben Meier Secretary of State Department of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: Thank you for your letter of March 31, 1986, concerning amendments to articles of incorporation for farm corporations and business corporations which would allow them to convert operations from one form of business to another. It is my opinion that a business corporation organized under N.D.C.C. Ch. 10-19.1 that converted to a farm corporation by adopting an amendment to its articles of incorporation, pursuant to N.D.C.C. §

N.D.A.G. Letter to Enget (May 6, 1986) May 6, 1986 Mr. Wade G. Enget Stanley City Attorney P. O. Box 38 Stanley, North Dakota 58784 Dear Mr. Enget: Thank you for your letter of April 28, 1986, inquiring as to the ability of a city to act as a general contractor in the construction of a public building. Enclosed you will find a copy of a letter we have previously sent to Ellendale City Attorney David Wheelihan concerning a similar question. In the Wheelihan letter, the facts involved a city attempting to act as general contractor in a water main project within the city. Our conclusion i

N.D.A.G. Letter to Walsh (May 5, 1986) May 5, 1986 Honorable Jerome L. Walsh Senator District 41 Route 1, Box 11 Minot, ND 58701 Dear Senator Walsh: Thank you for your letter of April 23, 1986, requesting my opinion whether N.D.C.C. Ch. 24-08 makes a county responsible for the construction and maintenance of bridges and culverts on township roads within the county. The singular section of law in N.D.C.C. Ch. 24-08 imposing a duty upon a county to construct and maintain culverts on a township road was analyzed in 1983 N.D. Op. Att'y. Gen. 12. The statute interpreted in the

N.D.A.G. Letter to Secrest (May 5, 1986) May 5, 1986 Mr. T. L. Secrest Hettinger City Attorney P.O. Box 430 Hettinger, ND 58639 Dear Mr. Secrest: Thank you for your letter of April 18, 1986, requesting assistance with an interpretation of N.D.C.C. § 40-08-03. This particular statute deals with a number of aldermen within a city as determined by the city's population. According to your letter, the city of Hettinger has had four aldermen elected at large for several years despite the requirement of N.D.C.C. §40-08-03(3) providing a city with a comparable population to have six aldermen.

N.D.A.G. Letter to Robb (May 5, 1986) May 5, 1986 Ms. Jane S. Robb, Director North Dakota State Laboratories Lock Box 937 Bismarck, ND 58502 Dear Ms. Robb: Thank you for your letter of March 26, 1986, concerning a state food commissioner and chemist for the State Laboratories Department. You have inquired as to whether or not your department would be in violation of N.D.C.C. §19-01-04 if you appointed an acting state food commissioner and chemist who has a "strong chemistry background but actually possesses a degree in biology." The term "competent" as used in N.D.C.C. §19-01-04 requi

N.D.A.G. Letter to McIntee (May 5, 1986) May 5, 1986 Mr. Michael S. McIntee McHenry County State's Attorney P. O. Box 246 Towner, North Dakota 58788 Dear Mr. McIntee: Thank you for your letter of April 18, 1986, providing several questions as to the application of the open records law upon county and district courts of our state. Enclosed you will find a response of this office from 1984 concerning this general issue. As you will note, the Supreme Court cases which you have cited in your letter have left little doubt but that the open records law does not apply to the judicial branch o

N.D.A.G. Letter to Lundberg (May 5, 1986) May 5, 1986 Ms. Jane M. Lundberg, Commissioner Department of Banking and Financial Institutions State Capitol Bismarck, North Dakota 58505 Dear Ms. Lundberg: Thank you for your letter of April 14, 1986, in which you inquire whether you must enforce the provisions of N.D.C.C § 6-03-59 concerning loan limitations for North Dakota banks when such enforcement would result in a violation of federal law or otherwise be detrimental to the financial soundness of a bank. N.D.C.C. §6-01-09 imposes a duty upon the Commissioner of Banking and Financial I

N.D.A.G. Letter to Goter (May 5, 1986) May 5, 1986 Mr. Wayne D. Goter Assistant State's Attorney Morton County State's Attorney's Office 210 2nd Avenue N.W. P.O. Box 190 Mandan, ND 58554 Dear Mr. Goter: Thank you for your letter of March 14, 1986, concerning 1985 legislation authorizing a tax for the provision of an emergency service communications system. Your questions can be essentially reduced to an inquiry as to whether the tax authorized by this law may be imposed throughout a county despite the fact that all persons within the county are not able to make use of the

N.D.A.G. Letter to Carlen (May 2, 1986) May 2, 1986 Ms. Patricia J. Carlen Clerk of District Court P. 0. Box 176 Forman, North Dakota 58032 Dear Ms. Carlen: Thank you for bringing to my attention the fact that N.D.C.C. §28-20-10, requiring a district court clerk to keep a "judgment book," was repealed by the 1985 Legislative Assembly. In Attorney General’s Opinion 85-36, dated October 4, 1985, and in my letter to you of April 11, 1986, I referred to a clerk's responsibility to file or enter foreclosure judgments in the judgment book, but not docket them as money judgments. N.D.C.C. §

Date Issued: May 1, 1986 (AGO 86-18) Requested by: Walter R. Hjelle, Highway Commissioner - QUESTION PRESENTED - Whether the State of North Dakota holds title to the oil, gas and fluid minerals or any other minerals not necessary for highway purposes underlying highway rights of way purchased by the state prior to 1953 and conveyed to the state by deeds that do not contain mineral reservations. - ATTORNEY GENERAL'S OPINION - It is my opinion that the State

N.D.A.G. Letter to Nelson (April 30, 1986) April 30, 1986 Ms. Carol S. Nelson Barnes County State's Attorney P.O. Box 209 223 North Central Avenue Valley City, ND 58072 Dear Ms. Nelson: Thank you for your letter of January 21, 1986, in which you inquire whether a financial institution may setoff funds in a depositor's account after the sheriff has commenced the process of executing on a judgment against the depositor. I apologize for the delay in responding to your question. Your letter does not indicate whether the financial institutions are exercising their rights of setoff before o

N.D.A.G. Letter to Meier (April 30, 1986) April 30, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of March 24, 1986, regarding whether the North Dakota Great Seal can be used on a commemorative centennial rifle. 1985 N.D. Sess. Laws 555 provides in part as follows: Section 1. Exemption for Use of Great Seal for Centennial Commemorative Items. Any person who designs any item to commemorate the state centennial using the great seal of the state, or offers for sale, sells, or uses in a public