North Dakota AG Opinions, 1972

OPINION 72-177 February 23, 1972 (OPINION) Mr. Walter Hjelle State Highway Commissioner RE: Highways - Revenues - Use This is in response to your letter in which you state that North Dakota State University recently completed and published an "Attitude and Perception Study of Rural North Dakota." Excerpts from such publication are attached to your letter. You then state that this prompts you to further explore the possibility of finding a solution to this problem, and for this reason you request an opinion based on the following: Section 24-02-37 requires that all funds ap

OPINION 72-322 February 9, 1972 (OPINION) Mr. Walter R. Fiedler Director of Institutions RE: State - Grafton State School Patient Records - Confidentiality This is in reply to your letter received by this office dated January 31, 1972, with regard to confidentiality of patient records maintained by the Grafton State School. You indicate that the records involved are those contained in a "clinical" file would indicate that same contains various medical, psychological, sociological, educational, familial and individual information about the specific patient concerned, and that th

OPINION 72-388 February 4, 1972 (OPINION) Mr. John A. Zuger City Attorney Bismarck, ND RE: Taxation - Exemption - County Housing Authority This is in reply to your letter of January 21, 1972, requesting our opinion as to whether or not the Burleigh County Housing Authority, as the owner of real property in the City of Bismarck, would qualify for any of the exemptions from real property taxation. You point out that Section 57-0208 (2) provides an exemption for property belonging to a county. Section 23-11-29 of the 1971 Supplement to the North Dakota Century Code provides: "2

OPINION 72-86 February 3, 1972 (OPINION) The Honorable Ben Meier Secretary of State RE: Corporations - Profit - Amendment of Articles This is in response to your letter in which you state the following: We herewith request your opinion on the following question: May a corporation organized for profit under N.D.C.C. Chapter 10-19 become a nonprofit corporation through amendment of its original articles of incorporation. In considering this question special attention should be given to sections 10-19-01, 02-03 and 58. "It is our thought that such an amendment is prohibited by s

OPINION 72-6 February 3, 1972 (OPINION) Mr. Leland R. Miller Dairy Commissioner Department of Agriculture RE: Agriculture - Livestock Dealers Bond - Coverage This is in reply to your letter of January 10, 1972, enclosing a copy of a letter from the Area Supervisor of the United States Department of Agriculture Packers and Stockyards Administration of date January 5, 1972, with regard to the coverage of the North Dakota Livestock Dealers Bond. It appears from same that the Office of the General Counsel for the Department of Agriculture is of the opinion that the North Dakota L

OPINION 72-337 February 1, 1972 (OPINION) Mr. Ronald A. LaCouture Acting Executive Director Midwestern Board for Medical and Allied Education RE: State - Medical and Allied Education Board - Acceptance of Grant This is in response to your letter of January 14, 1972, wherein you make inquiry of this office requesting a letter from this office stating that the Midwestern Board of Medical and Allied Education has the authority to receive and accept grants of money, either public or private. You state that such a letter is needed to prepare a request for funds from private found

OPINION 72-243 January 20, 1972 (OPINION) Mr. Charles Bosch Registrar Motor Vehicle Department RE: Motor Vehicles - Snowmobiles - Definition This is in response to your letter in which you refer to a vehicle described as an "all terrain type. You also call our attention to the statutory definition found in subsection 2 of section 39-24-01 defining what constitutes a snowmobile. You further observe that the vehicle is amphibious in nature and would seem that registration would sanction its use the year around in various lakes and water courses of the state, as well as on pu

OPINION 72-387 January 19, 1972 (OPINION) Mr. John T. Paulson Attorney at Law Valley City, ND RE: Taxation - Delinquent Personal Property Taxes - Publication This is in response to your letter in which you note that Section 57-22-02.1 of the North Dakota Century Code requires publication of such personal property taxes which are delinquent. You also state that it is your feeling that the auditor would have to publish the list, as long as these taxes are not canceled by commissioners. You then ask for an opinion on this matter. Section 57-22-02.1 as amended remains in full

LETTER OPINION 72-334 January 13, 1972 (OPINION) Mr. James E. Sperry Superintendent State Historical Society RE: State - Historical Society - Disposition of Funds This is in reply to your letter of December 13, 1971, with regard to disposition of an item of funds on hand. You indicate that under paragraph III.3 of the past audit of the State Historical Society from July 1, 1970, to June 30, 1971, the recommendation was made that "an Attorney General's opinion should be obtained on the Seventh U. S. Cavalry Custer Memorial Association C. D. No. 3857 for $4,014.34 to determine

LETTER OPINION 72-360 January 10, 1972 (OPINION) Mr. John Greenslit State Liaison Officer North Dakota State Recreation Agency RE: State - Uniform Relocation Assistance Act - Compliance This is in reply to your letter of December 10, 1971, with regard to the application of Pub. L. 91-646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, to activities of this state and particularly your agency. You enclose a memorandum from the United States Department of the Interior, Bureau of Outdoor Recreation, and call our specific attention to the ques

LETTER OPINION 72-64 January 6, 1972 (OPINION) Mr. Dean F. Bard Executive Director North Dakota Constitutional Convention RE: Constitution - Convention - Publication This is in response to your letter in which you state that a question has arisen concerning the requirements for the publication of the convention's final product prior to the time it will be voted upon by the people. In this respect you call our attention to certain provisions of Chapter 462 of the 1969 Session Laws as amended by Chapter 526 of the 1971 Session Laws. You also call our attention to the last se

LETTER OPINION 72-235 January 6, 1972 (OPINION) Mr. Fred A. McKennett City Attorney Williston, ND 58801 RE: Motor Vehicles - Operator's License - Not Necessary on Private P This is in response to your letter in which you state that the city is currently in the process of promulgating an ordinance controlling the operation of snowmobiles within the city limits. You ask the following question: "Is it necessary for an operator of a snowmobile upon private property to have a valid North Dakota Motor Vehicle Operator's license in his possession?" You also ask in regard to the

OPINION 72-500 August 22, 1972 (OPINION) Mr. Theodore Kessel Jr. City Attorney 19 First Avenue North LaMoure, ND 58458 Dear Mr. Kessel: This is in reply to your letter of July 14, 1972, requesting an opinion interpreting the tax exemption provision of Section 40-57-17 of the North Dakota Century Code as they relate to Colonial Manors Corporation of Sioux City, Iowa. The facts are quoted from the first and second paragraphs of your letter as follows: "* * *The construction of the above entitled nursing home was just recently completed and was established by sale of revenue b