North Dakota AG Opinions, 1963

OPINION 63-68 April 29, 1963 (OPINION) COUNTIES RE: Officer of County Commissioner and Township Supervisor - Incompa Your letter of March 19, 1963, has been received. You wish an opinion from this office to determine if the same person may hold the office of township supervisor and county commissioner at the same time. There is no general statute in North Dakota prohibiting the holding of two offices by the same person. As you know, we do have statutory provisions to allow the offices of the county judge, clerk of court and register of deeds to be held by the same person, i

OPINION 63-233 April 29, 1963 (OPINION) STATE EMERGENCY COMMISSION RE: Application for Emergency Funds - Existing Conditions Your letter of April 22, 1963, has been received. Your letter provides as follows: The appropriation for the Department of Agriculture and Labor in Senate Bill No. 1, passed by the 38th Assembly for the fiscal period beginning July 1, 1963 and ending June 30, 1965, includes a line item 'Predatory Animal and Rodent Control $101,500.00'. This line item was disapproved by the Governor. As an individual member of the State Emergency Commission, I respect

OPINION 63-156 April 19, 1963 (OPINION) HIGHWAYS RE: Section Line - Travel by Public Your letter of March 27, 1963, has been received. You wish an opinion from this office on the following set of facts: 'A' owns a small tract of land in the northwest corner of a quarter section. The western boundary line of this tract runs along the north-south section line a distance of approximately 38 rods. 'A' has a township road on the northern frontage of this tract giving access thereto from both east and west. 'A' owns pasture land in the quarter section directly south of the qua

OPINION 63-152 April 10, 1963 (OPINION) HIGHWAYS RE: Driver's License - Judgment Debtor This office acknowledges receipt of your letter of February 8, 1963, in which you request the interpretation of this office of chapter 39-16 of the North Dakota Century Code. The question involved could be stated as follows: If a person whose driver's license was suspended under the provisions of chapter 39-16 of the North Dakota Century Code for failure to comply with section 39-16-05 or for failure to satisfy a judgment of a private party under the provisions of section 39-16-13(4), is he

OPINION 63-248 April 9, 1963 (OPINION) STATE SOIL CONSERVATION COMMITTEE RE: Federal Participation Develop Recreational Areas Your letter of April 1, 1963, is acknowledged. You have requested an opinion from this office in connection with section 61-16-01, subsection 4 of the North Dakota Century Code which provides as follows: * * * 4. The term 'project,' as used in this chapter, shall mean, and include, any undertaking for water conservation, flood control, watershed improvement and drainage of surface waters, including incidental features of any such undertaking." (Emphas

OPINION 63-77 April 4, 1963 (OPINION) COUNTIES RE: Officer of County Commissioner and Township Supervisor - Incompatible Your letter of March 19, 1963, has been received. You wish an opinion from this office to determine if the same person may hold the office of township supervisor and county commissioner at the same time. There is no general statute in North Dakota prohibiting the holding of two offices by the same person. As you know, we do have statutory provisions to allow the offices of the county judge, clerk of court and register of deeds to be held by the same perso

OPINION 63-55 April 2, 1963 (OPINION) CIVIL DEFENSE RE: Administration of Federal Funds Your letter request for an opinion dated March 7, 1963, relative to your administration of federal funds advances and reimbursement moneys is acknowledged. Since March 7, 1963, you have supplied us with additional correspondence dated March 15, 1963, from the Region 6 Director, Mr. Ren F. Read, of Denver, Colorado, and also copies of letters dated February 13, 1963, from Mr. James J. Kearney, Assistant General Office (Administration), and letter from John L. Turpin, Director of Support Req

OPINION 63-158 April 2, 1963 (OPINION) LEGISLATION RE: Referred Measures - Form This is in response to your request for an opinion as to the correct form of a referral petition. You specifically ask if the measure referred must be set forth in its entirety in the petition or can it be referred to by title and subject matter. The question involves the interpretation and construction of Section 25 of Article 2 of the North Dakota Constitution. As is material here, this section provides as follows: The legislative power of this state shall be vested in a legislature consistin

OPINION 63-71 April 1, 1963 (OPINION) COUNTIES RE: County and Township Zoning Commissions - Precedence of Township Your letter requesting an opinion on township and county zoning commissions has been received. You state that several years ago a zoning commission was established in Burleigh County in accordance with chapter 11-33 of the North Dakota Century Code. The districts designated by the county commissioners included Apple Creek Township located near the city of Bismarck. This commission functions for approximately three years with the representative from Apple Creek

OPINION 63-150 March 18, 1963 (OPINION) HIGHWAY DEPARTMENT RE: Eminent Domain - Unity of Use This will acknowledge receipt of your request for an opinion from this office as to the obligation of the State Highway Department to pay for severance damage to separated tracts of land where it is shown that there is unity of use. Although there is no specific statute or decision by the North Dakota Supreme Court on this matter, it is the opinion of this office that it is the law of North Dakota that when a parcel of land is taken by eminent domain, severance damages for noncontiguous

OPINION 63-148 March 16, 1963 (OPINION) HIGHWAY DEPARTMENT RE: Contract with Federal Government - Right-of-Way Control This is in response to your request for an opinion on the validity or constitutionality of the agreement entered into between the State Highway Commissioner and the Department of Commerce of the United States of America, dated May 18, 1961. In the contract, as such, it is agreed that the State will control, or cause to be controlled, the erection and maintenance of outdoor advertising signs, displays and devices in adjacent areas within such state along the int

OPINION 63-88 March 13, 1963 (OPINION) COUNTY WELFARE BOARD RE: Powers and Duties - Related to County Commissioners This office acknowledges receipt of your letter of March 7, 1963, in which you request the opinion of this office on certain matters related to the powers and duties of the county welfare board of your county. In your letter you state that the board of county commissioners of Richland County recently adopted a resolution requiring all county employees, except elected officials, to retire at the age of 65. You further state that the director of the county welfare

OPINION 63-207 SCHOOL DISTRICTS - Discipline and Punishments - Superiority of Religious Beliefs This is in reply to your letter of March 11, 1963. You state substantially as follows: A resident of your county “has eight children going to the Dunseith Public School - the oldest child who is in the eighth grade naturally respects the religion which is Jehovah’s Witness, in which she was raised. She will not get up to face the flag and join in the patriotic singing because this is contrary to her religion. Her teacher has punished her for refusal to stand and join in the signing of the p

OPINION 63-85 March 4, 1963 (OPINION) COUNTY FAIRS RE: Acquiring Land - Disposing of Excess This is in reply to your letter of February 28, 1963, in regard to real estate owned by Foster County acquired by the county commissioners for county fair purposes. We tentatively presume that same was acquired pursuant to section 4-02-31 of the North Dakota Century Code which provides: PURCHASE OR LEASE OF LAND - ELECTION REQUIRED. The board of county commissioners in any county in the state may submit, or when petitioned by at least five percent of the legal voters of the county in

OPINION 63-75 February 11, 1963 (OPINION) COUNTIES RE: Delinquent Personal Property Taxes - Collection Your letter of February 1, 1963, is acknowledged. You relate that the sheriff and the county commissioners of Stutsman County have requested an opinion of you as to whether or not the county could contract with a private collection agency or concern to collect all out-of-state delinquent personal property taxes which are over one year old. You also relate that the private collection agency would charge fifty percent for the collection services. Further, the collection agency

OPINION 63-120 February 9, 1963 (OPINION) ELECTIONS RE: Legislative District - Special Election This is in response to your request for an opinion as to the procedure to be followed in calling a special election in Eddy-Foster legislative district due to the death of Representative Don Nicolson. Pursuant to section 16-07-09 of the North Dakota Century Code the special election is predicated upon receiving notice from the county auditor that a vacancy exists. Section 16-07-01 requires publishing and posting of a notice at least eight days prior to the holding of election. Se

OPINION 63-21 February 8, 1963 (OPINION) BANK OF NORTH DAKOTA RE: Investments - Certificates of Deposits You have requested the opinion of this office as to the power of the Bank of North Dakota to purchase bearer form certificates of deposits of metropolitan banks currently in circulation and bearing interest somewhat better than the rates available on short term government paper. Our examination of the Bank of North Dakota Act convinces us that the Bank may deposit funds in any bank or banking association within or without the state upon such terms and conditions as the Indus

OPINION 63-110 January 31, 1963 (OPINION) DEPARTMENT OF PUBLIC INSTRUCTION RE: Foundations Program Payments - Necessity of Bond This is in response to your request for an opinion on the following questions: 1. Would it be lawful for the North Dakota Department of Public Instruction to make Foundation Program payments to the Grandin School District if a bond is filed in the Department of Public Instruction or in court, conditioned on the payment of the Wiger tuition on the final determination in court of liability? 2. Must this bond, if permitted, be ancillary to a le

OPINION 63-104 January 28, 1963 (OPINION) DEPARTMENT OF ACCOUNTS AND PURCHASES RE: Duties and Powers This is in response to your request for an opinion to clarify the status of the Accounts and Purchases Department "as to whether or not there are any departments, agencies or institutions of the state government which are not required by law to have their purchasing channeled through the Department of Accounts and Purchases." The legislative intent which is important and which will be discussed later is found in section 54-44-01 of the North Dakota Century Code and provides as

OPINION 63-141 January 27, 1963 (OPINION) HIGHER EDUCATION RE: State Commission - Federal Funds This is in reply to your letter of January 22, 1964, relative to the Higher Education Facilities Act of 1963. You state it is your intention to designate or establish a state commission in compliance with this act. You note it is necessary to notify the Commissioner of Education to this effect and that such notification must be accompanied by (1) certification that the members of such commission are, in accordance with Section 105 (a) of the Act, broadly representative of the public and in

OPINION 63-226 January 25, 1963 (OPINION) STATE AUDITING BOARD RE: Authority This is in response to your letter of January 23, 1963. You ask, "I respectfully request your opinion whether or not under the laws of our state the auditing board has the authority to reject and refuse to approve claims against the state presented to the Auditing Board by state departments and agencies." The powers and duties of the State Auditing Board are enumerated in section 54-14-03 which we quote as follows: POWERS AND DUTIES OF STATE AUDITING BOARD. The state auditing board shall audit all c

OPINION 63-139 January 15, 1963 (OPINION) GAME AND FISH DEPARTMENT RE: License - Buyer of Green Furs This will acknowledge receipt of your letter dated January 11, 1963, requesting an official opinion as to the application of Sections 20-03-25 and 20-03-26, NDCC, to buyers of green furs from animals not protected under the Game and Fish laws of this state, such as rabbit, coon and fox. Section 20-03-25, NDCC, specifically prohibits any person from engaging in the business of buying or shipping green furs in this state unless he first shall have obtained a license so to do from

OPINION 63-73 January 14, 1963 (OPINION) COUNTIES RE: County Library Service - No Authority This is in reply to your letter of January 7, 1963, requesting an opinion of this office on the question: "Can the County Commissioners make an appropriation for county library service without the 51 percent of the voters signing a petition requesting it?" You inform us further that Grant County would be willing to provide library service in Grant County by contract with Morton County. The appropriation, therefore, would be made from the general fund of the county. Looking to secti

OPINION 63-218 January 3, 1963 (OPINION) SCHOOL DISTRICTS RE: Reorganization - Assets, Debts and Means of Determining This is in reply to your letter of December 27, 1962, in regard to reorganization of school districts. Your first question is stated as, "May the Reorganization Committee Waive the assets of a portion of the District going into another District?" The basic statutory provision, section 15-53-08 of the North Dakota Century Code, provides: DETERMINATION AND ADJUSTMENT OF PROPERTY, ASSETS, DEBTS AND LIABILITIES AMONG DISTRICTS. The county committee shall determ