North Dakota Attorney General Opinions

Office of the Attorney General State of North Dakota Opinion No. 81-122 Date Issued: November 17, 1981 Requested by: State Representative Harley R. Kingsbury --QUESTION PRESENTED-- Whether the provisions of 1981 North Dakota Session Laws, Chapter 564, Section 3, as amended by 1981 N.D. Sess. Laws, Ch. 565, § 1, have the effect of removing mill levy limitations on property taxes levied by taxing districts in 1981 and 1982. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the provisions of 1981 N.D. Sess. Laws, Ch. 564, § 3, as amended by 1981 Sess. Laws, Ch. 565, § 1, do have the

Office of the Attorney General State of North Dakota Opinion No. 81-121 Date Issued: November 4, 1981 Requested by: James Purdy Dickey County State's Attorney --QUESTION PRESENTED-- Whether a Board of County Commissioners has the authority to approve or disapprove specific budget items in the proposed budget of a County Social Service Office, including salaries of personnel. --ATTORNEY GENERAL'S OPINION-- It is the Attorney General's opinion that the Board of County Commissioners does have authority to approve or disapprove specific items of the budget of the County Soc

Office of the Attorney General State of North Dakota Opinion No. 81-120 Date Issued: October 30, 1981 Requestd by: The Bank of North Dakota --QUESTION PRESENTED-- I. Whether there has been a valid appropriation by the legislature for the fuel production facility loan guarantee program created by Chapter 6-09.7 of the North Dakota Century Code. II. Whether there has been a valid appropriation by the legislature for the program to guarantee seller-sponsored loans between landowners and beginning farmers created by Sections 54-17-29, 54-17-30, and 54-17-31 of the North

Office of the Attorney General State of North Dakota Opinion No. 81-119 Date Issued: October 30, 1981 Requested by: Tom Slorby Ward County States Attorney --QUESTION PRESENTED-- I. Whether a county which elects its county commissioners at large pursuant to a court order resulting from the filing of an unlawful redistricting plan following the 1970 federal decennial census is required to redistrict following the 1980 decennial census. II. Whether all county commissioners in a county currently on an atlarge system would be required to stand for election at the general elect

Office of the Attorney General State of North Dakota Opinion No. 81-118 Date Issued: October 30, 1981 Requested by: Kent Conrad, State Tax Commissioner --QUESTION PRESENTED-- Whether cash rents can be used for purposes of valuing agricultural lands as provided in Section 57-02-27.2 of the North Dakota Century Code. --ATTORNEY GENERAL'S OPINION-- It is my opinion that cash rents cannot be used for purposes of valuing agricultural lands as provided in Section 57-02-27.2, N.D.C.C. --ANALYSIS-- Section 57-02-27.1, N.D.C.C., provides that the valuation of agricultural lands shall be as dete

Office of the Attorney General State of North Dakota Opinion No. 81-116 Date Issued: October 30, 1981 Requested by: John F. Schmitz, Superintendent of Stanton Public School, at the request of Mercer County State's Attorney --QUESTIONS PRESENTED-- I. Whether a person, who as a condition of employment resides on real property owned by a school district, is subject to real property taxation on the value of the interest held in such real property. II. Whether such a person, if subject to such real property taxation, is personally responsible for payment of those taxes. --ATTORN

Office of the Attorney General State of North Dakota Opinion No. 81-115 Date Issued: October 29, 1981 Requested by: T. N. Tangedahl, Executive Director Social Service Board of North Dakota --QUESTION PRESENTED-- Whether, following the determination of child paternity, there is a time limitation for recovery of Aid to Families with Dependent Children (AFDC) and Medical Assistance payments previously furnished to such child. --ATTORNEY GENERAL'S OPINION-- It is my opinion that, following the determination of child paternity, the time limitation for recovery of Aid to Families with Dependent

Office of the Attorney General State of North Dakota Opinion No. 81-114 Date Issued: October 22, 1981 Requested by: Representative Alvin Hausauer, Chairman Finance and Taxation Committee of Legislative Council --QUESTIONS PRESENTED-- I. Whether a city can vacate a plat retroactive to January 1, 1981, to change the assessment classification of that property for the 1981 tax year to 'agricultural property' as defined in Section 57-02-01(11) of the North Dakota Century Code. II. Whether the provisions of 1981 N.D. Sess. Laws, Ch. 564, which provide that agricultural property shall not inclu

Office of the Attorney General State of North Dakota Opinion No. 81-113 Date Issued: October 21, 1981 Requested by: Representative Harley R. Kingsbury --QUESTION PRESENTED-- Whether the seven percent limitation on increases in 1981 and 1982 property taxes, provided for in 1981 N.D. Sess. Laws, Ch. 564, § 3, applies to increases for either individual taxpayers or increases on particular pieces of property. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the seven percent limitation on increases in 1981 and 1982 property taxes, provided for in 1981 N.D. Sess. Laws, Ch. 564, § 3, doe

Office of the Attorney General State of North Dakota Opinion No. 81-112 Date Issued: October 16, 1981 Requested by: John P. Van Grinsven III Assistant State's Attorney Ward County, North Dakota --QUESTION PRESENTED-- Whether an adoptive parent may obtain a certified copy of an adoption decree from the District Court following the adoption, the records of which are confidential in accordance with Section 14-15-16 of the North Dakota Century Code. --ATTORNEY GENERAL'S OPINION-- It is the Attorney General's opinion that an adoptive parent may obtain a certified copy of

Office of the Attorney General State of North Dakota Opinion No. 81-111 Date Issued: October 12, 1981 Requested by: Kent Conrad, State Tax Commissioner --QUESTION PRESENTED-- I. Whether a husband and wife who file a joint federal income tax return and who wish to file separate North Dakota individual income tax returns for the same year, must both use the simplified optional method provided for in Section 57-38-30.3 of the North Dakota Century Code, if one of them elects to do so. II. Whether the spouse who does not elect to file pursuant to Section 57-38-30.3, N.D.C.C., notwithstanding th

Office of the Attorney General State of North Dakota Opinion No. 81-110 Date Issued: October 8, 1981 Requested by: Joseph Dietchman Benson County State's Attorney --QUESTION PRESENTED-- Whether the term 'kindred' as used in Section 23-06-03(2) of the North Dakota Century Code includes collateral blood relatives as well as lineal blood relatives. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the term 'kindred' as used in Section 23-06-03(2), N.D.C.C., includes both collateral blood relatives as well as lineal blood relatives, but does not include relatives by marriage. --ANALYSIS-- T

Office of the Attorney General State of North Dakota Opinion No. 81-109 Date Issued: October 8, 1981 Requested by: Senator Marvin E. Sorum, Kenmare, ND --QUESTION PRESENTED-- Whether Section 15-43-11.2 of the North Dakota Century Code authorizes a school district to require every student to purchase a season ticket for extracurricular activities whether or not the student's attendance at those extracurricular activities is optional. --ATTORNEY GENERAL'S OPINION-- It is the Attorney General's opinion that a school district may not require every student to purchase a season ticket for extracurri

Date Issued: October 8, 1981 (AGO 81-108) Requested by: Herschel Lashkowitz, State Senator - QUESTION PRESENTED - Whether a petition to change from a city commission form of government to a city council form of government must include the proposed wards on the petition. - ATTORNEY GENERAL'S OPINION - It is the Attorney General's opinion that the wards to be established when changing from a commission system of government to the modern council form of government may not appear on the petition asking for the change, but rather are to be established by the present governing body by ordinance

Office of the Attorney General State of North Dakota Opinion No. 81-106 Date Issued: October 6, 1981 Requsted by: F. C. Rohrich, Emmons County State's Attorney --QUESTION PRESENTED-- Whether personnel policies and personnel decisions concerning the employees of a county social service board are made by the county social service board, the board of county commissioners or the state central personnel division. --ATTORNEY GENERAL'S OPINION-- It is the Attorney General's opinion that the authority to set personnel policies and make personnel decisions concerning the employees of a county social se

Office of the Attorney General State of North Dakota Opinion No. 81-105 Date Issued: October 6, 1981 Requested by: Homer M. Engelhorn, Manager, Garrison Diversion Conservancy District --QUESTION PRESENTED-- Whether 1981 North Dakota Session Laws, Chapter 565, Section 1, requires the Garrison Diversion Conservancy District to make its property tax levy in 1981 and 1982 in dollars rather than mills. --ATTORNEY GENERAL'S OPINION-- It is the Attorney General's opinion that 1981 N. D. Sess. Laws, Ch. 565, § 1 does not require the Garrison Diversion Conservancy District to make its property tax le

Office of the Attorney General State of North Dakota Opinion No. 81-104 Date Issued: October 6, 1981 Requested by: Jerald L. Engelman, Mayville City Attorney --QUESTION PRESENTED-- Whether unpaid annual installments of city special assessments spread against lots in 1980 in a platted addition to a city can be collected if the lot owners and developers vacate pursuant to Section 40-50-20 of the North Dakota Century Code, the portion of the plat that included those lots. --ATTORNEY GENERAL'S OPINION-- It is the Attorney General's opinion that where there are unpaid annual installments of city sp

Office of the Attorney General State of North Dakota Opinion No. 81-103 Date Issued: October 6, 1981 Requested by: Owen K. Mehrer, Stark County State's Attorney --QUESTION PRESENTED-- Whether child support awarded by a district court in a divorce action should be recorded by the clerk of district court on the money judgment docket. --ATTORNEY GENERAL'S OPINION-- It is the Attorney General's opinion that child support awarded by a district court order in a divorce decree should not be recorded on the judgment docket. --ANALYSIS-- Prior to the 1981 Legislative Session, Section 14-09-09.5 of

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-102 Date Issued: October 6, 1981 Requested by: Charles D. Orvik Pierce County State's Attorney --QUESTIONS PRESENTED-- I. Whether the one-fourth of one mill county property tax levy for improvement of highways that is provided for in Section 24-05-01 of the North Dakota Century Code is part of any county road and bridge tax levy made by a county pursuant to Subsection 3 of Section 57-15-06, N.D.C.C., for the county road fund. II. Whether the special road fund referred to in Subsection 3 of Sec

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-101 Date Issued: September 14, 1981 Requested by: Dr. Joseph Crawford Superintendent of Public Instruction --QUESTION PRESENTED-- Whether the county superintendent's decision to refuse to allow a child under the age of sixteen to enroll in correspondence courses may be appealed to the Superintendent of Public Instruction. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the county superintendent's decision to refuse to allow a child under the age of sixteen to enroll in correspondence courses may be appealed to

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-100 Date Issued: September 10, 1981 Requested By: Lieutenant Governor Ernest Sands --QUESTION PRESENTED-- Whether any power and authority possessed by the governor may be delegated to the lieutena nt governor. --ATTORNEY GENERAL'S OPINION-- It is my opinion that all power and authority given to the governor, except those responsibilities explicitly reserved to the governor under the Constitution, may be delegated to the lieutenant governor. --ANALYSIS-- Article V, Section 7 of the Constitution of North Dakota states, i

Office of the Attorney General State of North Dakota Opinion No. 81-99 Date Issued: September 9, 1981 Requested by: State Board of Equalization --QUESTION PRESENTED-- Whether the State Board of Equalization has the authority, when considering the valuation and assessment of agricultural lands, to use a factor of fifteen percent of annual gross income produced for the 'annual gross return' for sugar beet and potato lands. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the State Board of Equalization does not have the authority, when considering the valuation and assessment of agricult

Office of the Attorney General State of North Dakota Opinion No. 81-98 Date Issued: September 9, 1981 Requested by: Representative James Gerl --QUESTION PRESENTED-- Whether Chapter 40-57.1 of the North Dakota Century Code prohibits the State Board of Equalization or a municipality from adopting a policy which encourages new industries seeking tax exemptions to hire North Dakota workers, to the extent they are available and qualified, during both the construction and operation phase of the project for which a tax exemption is sought. --ATTORNEY GENERAL'S OPINION-- It is my opinion that ther

Overruled in part by N.D.A.G. 88-22. Office of the Attorney General State of North Dakota Opinion No. 81-97 Date Issued: September 8, 1981 Requested by: Marshall T. Bergerud Dunn County States Attorney --QUESTION PRESENTED-- Whether the provisions of Sections 11-04-04 through 11-04-12 of the North Dakota Century Code, relating to petitions, notice and the votes required, apply to elections to remove a county seat which is not located on a railroad or interstate river. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the provisions of Sections 11-04-04 through 11-

Office of the Attorney General State of North Dakota Opinion No. 81-96 Date Issued: September 3, 1981 Requested by: Glenn Dill Carpio School District Attorney --QUESTION PRESENTED-- Whether a bond authorized by the electorate prior to July 1, 1981, may be issued and sold after July 1, 1981, and bear a maximum rate of interest not to exceed 12% per annum as provided in Section 21-03-08 of the North Dakota Century Code as amended by the 1981 Legislature. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a bond authorized by the electorate prior to July 1, 1981, may be issued and sold afte

Office of the Attorney General State of North Dakota Opinion No. 81-95 Date Issued: August 31, 1981 Requested by: Joseph Dietchman Benson County State's Attorney --QUESTION PRESENTED-- Whether Section 11-10-20 of the North Dakota Century Code requires the board of county commissioners of each county to fund office furnishings and a secretary for the state's attorney. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the board of county commissioners must provide necesary office furniture, equipment and supplies, as well as secretarial services to the extent that such furnishings and sec

Office of the Attorney General State of North Dakota Opinion No. 81-94 Date Issued: August 26, 1981 Requested by: Honorable William Heigaard State Representative --QUESTION PRESENTED-- Whether a state representative is precluded from resigning f rom the House of Representatives to seek election to the Senate at a special election called to fill a vacancy in the Senate. --ATTORNEY GENERAL'S OPINION-- It is my opinion that neither the Constitution nor the laws of North Dakota preclude a state representative from resigning from the House of Representatives to seek election to the Senate at a

Office of the Attorney General State of North Dakota Opinion No. 81-93 Date Issued: August 25, 1981 Requested by: Vince H. Ficek Dickinson City Attorney --QUESTION PRESENTED-- Whether the City of Dickinson can grant an on-sale beer license to a cinema theater. --ATTORNEY GENERAL'S OPINION-- It is my opinion that there is no statutory prohibition against a city granting a beer license to a cinema theater. --ANALYSIS-- The laws of the State of North Dakota do not specifically prohibit the forms of entertainment that may be provided on the premises of a licensed liquor establishment. Section

Office of the Attorney General State of North Dakota Opinion No. 81-92 Date Issued: August 24, 1981 Requested by: Wayne P. Jones Ransom County State's Attorney --QUESTION PRESENTED-- Whether state law provides for a specific fee which a sheriff may charge when an attorney directs him to serve an execution upon a defendant and to levy against any and all property in the sheriff's jurisdiction. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a sheriff may charge a fee of $7.50 to serve an execution and a subsequent fee of $15.00 to make a levy against any and all property in the sheriff

Office of the Attorney General State of North Dakota Opinion No. 81-91 Date Issued: August 20, 1981 Requested by: Honorable James Gerl State Representative --QUESTIONS PRESENTED-- I. Whether a corporation, cooperative association or association may utilize monies from fees, dues, treasury funds or otherwise obtained in a commercial transaction to hire an administrator for a separate segregated fund to be used for political purposes under Section 16.1-08-02(2) of the North Dakota Century Code. II. Whether a political committee may accept funds from persons other than emp

Office of the Attorney General State of North Dakota Opinion No. 81-90 Date Issued: August 19, 1981 Requested by: Kent Conrad State Tax Commissioner --QUESTION PRESENTED-- I. Whether the amendments to Section 28-32-01(2) contained in 1981 House Bill No. 1044 are reconcilable with the amendments to that same section contained in 1981 Senate Bill No. 2044, a later enacted measure, and therefore effective. II. Whether various forms, newsletters, guidelines, and federal regulations used by the State Tax Department in the administration of North Dakota tax laws are 'rules' which must be adopted

Office of the Attorney General State of North Dakota Opinion No. 81-89 Date Issued: August 18, 1981 Requested by: A. L. Larson, OD Secretary State Board of Optometry --QUESTION PRESENTED-- Whether the Social Service Board of North Dakota may require a recipient of medical assistance to pay a portion of the cost of a second pair of eyeglasses acquired within a one-year period. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the Social Service Board of North Dakota may require a recipient of medial assistance to pay a portion of the cost of a second pair of eyeglasses acquired within a

Office of the Attorney General State of North Dakota Opinion No. 81-88 Date Issued: August 17, 1981 Requested by: Senator Wayne Stenehjem --QUESTION PRESENTED-- Whether Section 16-11-06 of the North Dakota Century Code, as amended by the 1981 Legislative Assembly, requires that all general election ballot columns, including the individual nominations column, be rotated. --ATTORNEY GENERAL'S OPINION-- It is my opinion that Section 16-11-06, N.D.C.C., as amended by the 1981 Legislative Assembly, requires that columns on general election ballots be rotated. --ANALYSIS-- Section

Office of the Attorney General State of North Dakota Opinion No. 81-87 Date Issued: August 13, 1981 Requested by: Ronald G. Splitt LaMoure County State's Attorney --QUESTION PRESENTED-- Whether those county commissioners whose district boundaries are not changed by redistricting pursuant to Chapter 11-07 of the North Dakota Century Code must stand for election at the first general election following the redistricting. --ATTORNEY GENERAL'S OPINION-- It is my opinion that all county commissioners, including those whose district boundaries are not changed, must stand for election at the first

Office of the Attorney General State of North Dakota Opinion No. 81-86 Date Issued: August 13, 1981 Requested by: Bernard J. Haugen Juvenile Supervisor of Juvenile Court Southeast Judicial District --QUESTIONS PRESENTED-- I. Whether 'failure to appear' in violation of Section 39-06.1-04 of the North Dakota Century Code, or an equivalent ordinance, is a delinquent act over which the juvenile court has jurisdiction. II. Whether a court which has jurisdiction over non-criminal traffic violations has authority to punish for criminal contempt a child appearing in court to answer to a non-crimin

Office of the Attorney General State of North Dakota Opinion No. 81-85 Date Issued: August 13, 1981 Requested by: T. L. Strinden Motor Vehicle Registrar --QUESTION PRESENTED-- Whether an owner of a snowmobile is required to provide security for payment of basic no-fault benefits and the liabilities covered under the motor vehicle liability insurance in order to be registered in the State of North Dakota. --ATTORNEY GENERAL'S OPINION-- It is my opinion that an owner of a snowmobile is not required to provide security for payment of basic no-fault benefits and the liabilities covered under t

Office of the Attorney General State of North Dakota Opinion No. 81-84 Date Issued: August 13, 1981 Requested by: Earle R. Myers, Jr. Richland County State's Attorney --QUESTION PRESENTED-- Whether a board of county commissioners may expend monies raised pursuant to Section 50-03-01 of the North Dakota Century Code for the building and renovation of facilities to be used in whole or in part by a County Social Service Board for its offices. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a board of county commissioners may not expend monies raised pursuant to Section 50-03-01, N.D.C.C.

Office of the Attorney General State of North Dakota Opinion No. 81-83 Date Issued: August 13, 1981 Requested by: Richard L. Schnell Morton County State's Attorney --QUESTION PRESENTED-- I. Whether an attorney elected as a full-time state's attorney is entitled to any period of time following the commencement of the term of office to terminate all private practice obligations. II. Whether a board of county commissioners may grant a reasonable time period to a newly-elected full-time state's attorney to allow the termination of all private practice obligations. --ATTORNEY GENERAL'S OPINIO

Office of the Attorney General State of North Dakota Opinion No. 81-82 Date Issued: August 3, 1981 Requested by: John M. Olson Burleigh County State's Attorney --QUESTIONS PRESENTED-- I. Whether the clerk of the district court must make a monthly report to the county auditor, pursuant to Section 11-17-05 of the North Dakota Century Code, as to those displaced homemaker fees collected pursuant to Section 14-06.1-15 of the North Dakota Century Code. II. Whether the clerk of the district court may deposit those displaced homemaker fees collected with the county treasurer, pursuant to Sectio

Office of the Attorney General State of North Dakota Opinion No. 81-81 Date Issued: August 3, 1981 Requested by: Richard P. Gallagher Mandan City Attorney --QUESTION PRESENTED-- Whether the real property located in a city is exempt from ad valorem property taxation if its primary use is religious services of that organization or for the residence of the clergyman in charge of such services. --ATTORNEY GENERAL'S OPINION-- It is my opinion that real property located in a city is exempt from ad valorem property taxation if its primary use is for religious services of that organization or fo

Date Issued: July 31, 1981 (AGO 81-80) Requested by: John M. Olson, State's Attorney, Burleigh County - QUESTION PRESENTED - Whether possession of an alcoholic beverage by a person under the age of eighteen years is a delinquent act or an unruly act. - ATTORNEY GENERAL'S OPINION - It is my opinion that the offense of possession of an alcoholic beverage by a person under the age of twenty-one, when committed by a person under the age of eighteen years, is a delinquent act. -ANALYSIS - Section 27-20-02 of the North Dakota Century Code contains the definitions of delinquent act and unruly c

Date Issued: July 31, 1981 (AGO 81-79) Requested by: L. M. Stenehjem, Jr., Commissioner, Department of Banking and Financial Institutions - QUESTION PRESENTED - Whether loans made under the provisions of the Consumer Finance Act are subject to a usury rate limitation of one and one-half percent per month on the unpaid principal balance. - ATTORNEY GENERAL'S OPINION - It is my opinion that loans made under the provisions of the Consumer Finance Act are not subject to a usury rate limitation of one and one-half percent per month but instead are governed by section 47-14-09 of the North Dak

Date Issued: July 28, 1981 (AGO 81-78) Requested by: Rolland Larson, Director of Pupil Transportation Department of Public Instruction - QUESTION PRESENTED - Whether section 15-34.2-03 of the North Dakota Century Code provides for a transportation payment based on the distance from the school to the home, less two miles, without regard to a return trip. - ATTORNEY GENERAL'S OPINION - It is my opinion that section 15-34.2-03, N.D.C.C., provides for a transportation payment based on the distance from the school to the home, less two miles, without regard to a return t

Date Issued: July 27, 1981 (AGO 81-77) Requested by: Vernon Fahy, State Engineer - QUESTION PRESENTED - Whether the activities of an engineering firm which does not have a certificate of authorization to practice engineering pursuant to chapter 43-19.1 of the North Dakota Century Code in submitting study proposals and participating in interviews with a selection committee for the purpose of seeking an engineering study contract with the State Water Commission, constitute an "offer to practice professional engineering" in violation of chapter 43-19.1, N.D.C.C. -

Date Issued: July 14, 1981 (AGO 81-76) Requested by: John J. Fox, Stark County Assistant States Attorney - QUESTION PRESENTED - Whether section 54-40-09 of the North Dakota Century Code requires all seats remaining on the human service council, after eight seats are assigned to the eight counties in region eight, to be filled by Stark County residents. - ATTORNEY GENERAL'S OPINION - It is my opinion that the population distribution in region eight is such that any seats on the human service council remaining vacant after eight seats have been assigned, one to each county in region eight,

Date Issued: July 13, 1981 (AGO 81-75) Requested by: Owen K. Mehrer, Stark County State's Attorney - QUESTIONS PRESENTED - I. Whether a petition, as set forth in section 24-07-05 and 24-07-09 of the North Dakota Century Code, must be presented to a board of county commissioners before the issues of the location of a fence in relation to a section line right-of-way or the location or movement of a section line road are properly before it for consideration. II. Whether a board of county commissioners must order an individual to remove his fence under section 24-07-03 or section 2

Overruled by N.D.A.G. 2000-F-12 Date Issued: July 13, 1981 (AGO 81-74) Requested by: Orrin B. Lovell, Golden Valley States Attorney - QUESTIONS PRESENTED - I. Whether a board of county commissioners has any power to grant or refuse to grant a common pipeline carrier the right to construct a pipeline along a highway right-of-way pursuant to section 49-19-09 of the North Dakota Century Code. II. Whether the consent of the fee owner of the abutting property is necessary in those instances in which easements for highway purposes have been granted. - ATTORNEY GENERAL'S OPINION - I. It is my o