North Dakota AG Opinions, 1987

Office of the Attorney General State of North Dakota Opinion No. 87-18 Date Issued: September 11, 1987 Requested by: Representative Larry A. Klundt --QUESTIONS PRESENTED-- I. Whether "the child's physician," as that language is used in N.D.C.C. § 15-34.1-03(4), must be licensed to practice medicine in North Dakota. II. Whether "the child's physician," must be a person who has examined, diagnosed, or treated the child. III. Whether "the child's classroom teacher," as that language is used in N.D.C.C. § 15-34.1-03(4), mu

N.D.A.G. Letter to Tollelfson (Sep. 10, 1987) September 10, 1987 Mr. Douglas Tollefson, Director Pesticide/Noxious Weed Division North Dakota Department of Agriculture State Capitol Bismarck, ND 58505 Dear Mr. Tollefson: Thank you for your letter of August 10, 1987, concerning record keeping under the North Dakota Pesticide Act. N.D.C.C. § 4-35-16 states that the Pesticide Control Board is to "require licensees, except private applicators, to maintain records with respect to applications and sales of restricted use pesticides. Such relevant information as the Bo

N.D.A.G. Letter to Meier (Sep. 10, 1987) September 10, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 1, 1987, concerning the filing of annual reports by domestic and foreign corporations. North Dakota law as found at N.D.C.C. § 10-23-02 requires domestic corporations to deliver to the Secretary of State their annual reports on or before the first day of August. N.D.C.C. § 10-23-03 provides the same requirement for foreign corporations and their annual reports except that such delivery must occur

N.D.A.G. Letter to Schoenwald (Sep. 2, 1987) September 2, 1987 Senator Larry W. Schoenwald State Senator, Fifth District 1011 18th Avenue S.W. Minot, ND 58701 Dear Senator Schoenwald: Thank you for your letter dated August 9, 1987, in which you inquire as to the authority of a board of county commissioners to pass an ordinance to control dogs within the county. N.D. Const. art. VII, § 2, provides as follows: Section 2. The legislative assembly shall provide by law for the establishment and the government of all political subdivisions. Each political subdivision shall have and exercise

N.D.A.G. Letter to Brovold (Sep. 2, 1987) September 2, 1987 Mr. Jay V. Brovold Billings County State's Attorney P.O. Box 187 Medora, ND 58645 Dear Mr. Brovold: Thank you for your letter of July 7, 1987. I apologize for the delay in responding. As you know, Congress is invested by the federal Constitution with the power of disposing of and making needful rules and regulations respecting property belonging to the United States. It not only has a legislative power over the public domain, but it also exercises the powers of the proprietor therein. Congress may deal with such lands precisel

N.D.A.G. Letter to McLean (Sep. 1, 1987) September 1, 1987 Ms. Jeanne L. McLean Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your letter of August 11, 1987. You ask whether a county commission has the power to override decisions made by its county water resource district. The mangers of a county water resource district are appointed by the county commission. N.D.C.C. § 61-16-08. Once appointed the water managers have significant independence. There is no statute or case law empowering the county commission to supervise water managers,

N.D.A.G. Letter to Collins (Sep. 1, 1987) September 1, 1987 Ms. Jet Collins Administrative Assistant Credit Review Board State Capitol Bismarck, ND 58505 Dear Ms. Collins: Thank you for your letter of August 7, 1987, concerning Senate Bill 2477. Senate Bill 2477 was passed by the 1987 Legislative Assembly to address the situation of distressed farmers and businesses and to authorize a means of providing legal and tax assistance to them. Section 2 of that bill provided an appropriation. Section 2 stated as follows: Section 2. Appropriation. There is hereby appropriated out of any mone

N.D.A.G. Letter to Dosch (Aug. 31, 1987) August 31, 1987 Mr. Ronald M. Dosch Devils Lake City Attorney P.O. Box 1048 Devils Lake, ND 58301 Dear Mr. Dosch: Thank you for your letter of May 19, 1987, requesting the assistance of this office in attempting to reconcile the provisions of N.D.C.C. §§ 40-05.1-06(10), 11-11-14(13). According to your letter, your request occurs as a result of a recent resolution passed by the Board of County Commissioners of Ramsey County. For that reason, my office contacted Ramsey County State's Attorney Lewis Jorgenson about the issues involved. His respons

N.D.A.G. Letter to Schneider (Aug. 24, 1987) August 24, 1987 Hon. John T. Schneider State Representative District 21 1117 Third Avenue South Fargo, ND 58103 Dear Representative Schneider: Thank you for your letter of July 29, 1987, incorporating six questions posed by Fargo Mayor Jon G. Lindgren in your request for an opinion concerning a proposed contract for the hiring of a city administrator on behalf of the Fargo City Commission. Questions A, B, C, and E inquire as to the legality of the contract in question with respect to certain ordinances of the city of Fargo. Traditionally, t

N.D.A.G. Letter to Holmberg (Aug. 21, 1987) August 21, 1987 Honorable Ray Holmberg State Senator District 17 and 18 1701 Riverside Drive Grand Forks, ND 58201 Dear Senator Holmberg: Thank you for your letter of July 16, 1987, concerning Senate Bill No. 2380. As codified as N.D.C.C. § 5-02-05.2, Senate Bill No. 2380 provides that "the local governing body may provide . . . the right of an eating establishment to dispense and sell beer and wine in conjunction with the sale of prepared meals on Sunday. . . ." The phrase "in conjunction with the sale of prepared meals" is ambiguous. It ma

N.D.A.G. Letter to McLean (Aug. 18, 1987) August 18, 1987 Ms. Jeanne L. McLean Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your letter of July 17, 1987, posing four questions with respect to the establishment of a Bottineau County Public Library service. By a telephone call, we have further learned of a fifth question you have concerning this library service. Also, we have gained additional information concerning your questions. It would appear that Bottineau County, several years ago, utilized the authority found at N.D.C.C. § 40-38

N.D.A.G. Letter to Berg (Aug. 18, 1987 August 18, 1987 Col. Brian C. Berg North Dakota Highway Patrol State Capitol Bismarck, ND 58505 Dear Col. Berg: Thank you for your letter dated August 3, 1987, in which you inquire as to the authority of the highway patrol to adopt trip permit fees and policies by administrative rule. You are correct in your statement that N.D.C.C. § 39-12-02 authorizes the Highway Patrol to adopt rules governing the movement of oversize and overweight vehicles. In addition, you are also correct that N.D.C.C. § 39-12-04 grants the Highway Patrol the power to adopt

Office of the Attorney General State of North Dakota Opinion No. 87-17 Date Issued: August 18, 1987 Requested by: Vern Fahy Secretary and State Engineer North Dakota State Water Commission --QUESTIONS PRESENTED-- I. Whether the term "public roadway" in findings made by the Technical Committee set up by North Dakota and Minnesota to implement their Red River Dike Agreement means whatever the two states agree that it means. II. Whether the State Engineer may reopen a quasi-judicial administrative hearing to apply

N.D.A.G. Letter to Luptak (Aug. 17, 1987) August 17, 1987 Mr. James Luptak Director Energy Development Impact Office State Capitol Bismarck, ND 58505 Dear Mr. Luptak: Thank you for your letter of July 8, 1987, relating to the Energy Development Impact Office's grant to the city of Belfield to be used to facilitate the settlement of that city's debt. In your letter, you indicate that the city has requested that the Energy Development Impact Office allow the grant to be used to pay off the city's share of special assessments and that the remaining funds be applied to paying off the bonds

N.D.A.G. Letter to Luptak (Aug. 17, 1987) August 17, 1987 Mr. James Luptak Director Energy Development Impact Office State Capitol Bismarck, ND 58505 Dear Mr. Luptak: Thank you for your letter of July 8, 1987, relating to the Energy Development Impact Office's grant to the city of Belfield to be used to facilitate the settlement of that city's debt. In your letter, you indicate that the city has requested that the Energy Development Impact Office allow the grant to be used to pay off the city's share of special assessments and that the remaining funds be applied to paying off the bonds

N.D.A.G. Letter to Jones (Aug. 17, 1987) August 17, 1987 Honorable Kent Jones Commissioner Department of Agriculture State Capitol Bismarck, ND 58505 Dear Commissioner Jones: Thank you for your letter of July 17, 1987, concerning provisions of House Bill No. 1584 as codified in N.D.C.C. ch. 6-09.11. Financial assistance in the form of loans can be made by financial institutions to a farmer pursuant to the provisions of N.D.C.C. ch. 6-09.11. A farmer is defined by N.D.C.C. § 6-09.11-01(3) as follows: 6-09.11-01. DEFINITIONS. In this chapter, unless the context or subject matter otherw

N.D.A.G. Letter to Ficek (Aug. 17, 1987) August 17, 1987 Mr. Vince H. Ficek Dickinson City Attorney 41 First Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter of July 21, 1987, in which you request my opinion on several questions regarding the municipal employees' pension plan and the policemen's pension plan. Your first question inquires as to the restrictions, if any, limiting the board of trustees' investments in the municipal pension plan. N.D.C.C. § 40-46-08 establishes the investment parameters for the board of truste

N.D.A.G. Letter to Ficek (Aug. 17, 1987) August 17, 1987 Mr. Vince H. Ficek Dickinson City Attorney 41 First Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter of July 28, 1987, concerning the levy for municipal band. According to your letter, the city of Dickinson has obtained the needed authority to levy for a municipal band in about 1934. Since that time, the levy has been made sporadically. The last instance such a levy occurred was in 1966-1967. Although your letter doesn't specifically state that authorization for the initial

N.D.A.G. Letter to Diemert (Aug. 17, 1987) August 17, 1987 Mr. Daniel G. Diemert Diemert Law Office 59 First Avenue South P.O. Box 39 Ellendale, ND 58436-0039 Dear Mr. Diemert: Thank you for your letter of August 11, 1987, inquiring as to the ability of a mayor to veto the selection of an alderman to fill a vacancy on the city council. North Dakota law as found at N.D.C.C. § 40-08-08 states that vacancies occurring in the office of alderman shall be filled either by a special city election or by appointment by the city council. There is no provision for a veto by the mayor or anyone e

Office of the Attorney General State of North Dakota Opinion No. 87-16 Date issued: August 17, 1987 Requested by: Honorable Robert E. Hanson State Treasurer --QUESTIONS PRESENTED-- I. Whether 1987 N.D.Sess.Laws ch. 9, § 5 illegally transfers $2 million from the veterans' postwar trust fund to the state's general fund in violation of N.D.C.C. § 37-14-14 which requires all interest earned on the fund be utilized in benefit of and service to veterans or their dependents. II. Whether the transfer of $2

N.D.A.G. Letter to Person (Aug. 11, 1987) August 11, 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 July 16, 1987, in which you request my opinion on whether the North Dakota Public Employees Retirement System Board may borrow funds from the Bank of North Dakota or the Public Employees Retirement System to cover temporary cash flow shortages in the Uniform Group Medical Insurance Program. The authority of a North Dakota state agency to borrow money

N.D.A.G. Letter to Meier (Aug. 11, 1987) August 11, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Re: Central Dakota Diesel and Supply, Inc. Dear Mr. Meier: Thank you for your letter of July 21, 1987, regarding whether or not a corporation may file a voluntary dissolution pursuant to N.D.C.C. § 10-19.1-107 through 113 when it is unable to satisfy all of its obligations and liabilities. It is my understanding that the question was brought to your attention by attorney Charles Whitman in connection with the proposed voluntary dissolution of Central Dakota D

N.D.A.G. Letter to Ficek (Aug. 11, 1987) August 11, 1987 Mr. Vince H. Ficek Dickinson City Attorney P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter of June 26, 1987, wherein you ask whether a lessee of real property has sufficient interest in that property to file an application for abatement or refund under the provisions of N.D.C.C. ch. 57-23. N.D.C.C. § 57-23-05 provides, in part, that "[a]ny person having any estate, right, title, or interest in or lien upon any real property who claims that the assessment made or the tax levied against the same is e

N.D.A.G. Letter to Enget (Aug. 11, 1987) August 11, 1987 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter of July 7, 1987, wherein you inquire whether a school district's interest in a tract of real property is exempt from ad valorem taxation under N.D.C.C. § 57-02-08(3). N.D.C.C. § 57-02-08(3) provides as follows: 57-02-08. PROPERTY EXEMPT FROM TAXATION. All property described in this section to the extent herein limited shall be exempt from taxation: . . . 3. All property belonging to any political subdi

N.D.A.G. Letter to Peterson (Aug. 5, 1987) August 5, 1987 Honorable James A. Peterson North Dakota House of Representatives 516 8th Street N.W. Minot, ND 58701 Dear Representative Peterson: Thank you for your letter of April 23, 1987, inquiring whether Ward County may make an excess mill levy for payment to, and in support of, the North Dakota State Fair pursuant to 1987 N.D. Sess. Laws ch. 676, 7. Furthermore, you inquire whether such levy would be one-half mill or one mill. I apologize for the delay in responding to you . The history of the North Dakota State Fair is somewhat as fo

N.D.A.G. Letter to Ficek (Aug. 4, 1987) August 4, 1987 Mr. Vince H. Ficek City Attorney Ficek Law Office 41 First Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Vince: Thank you for your letter of May 13, 1987, concerning whether fraternal organizations are allowed to sell beer and wine on Sunday pursuant to N.D.C.C. § 5-02-05.2. Since fraternal organizations were specifically included by Senate Bill 2380 the issue is whether they are included in the definition of eating establishments. The bill defines eating establishments as restaurants or licensed commercial establishment

N.D.A.G. Letter to LaQua (Aug. 3, 1987) August 3, 1987 Mr. Vincent A. LaQua Wells County State's Attorney P.O. Box 347 Fessenden, ND 58438 Dear Mr. LaQua: Thank you for your letter dated July 14, 1987, in which you inquire whether N.D.C.C. § 11-15-08 authorizes a sheriff to charge a fee based on the appraised value of the personal property when directed by an execution to only take it into his possession. You have stated that the sheriff of your county has received an execution to take into his possession certain real estate and personal property and deliver that property to the judgmen

N.D.A.G. Letter to Koppy (Aug. 3, 1987) August 3, 1987 Mr. Allen Koppy Morton County State's Attorney 210 Second Avenue N.W. Mandan, ND 58554 Dear Mr. Koppy: Thank you for your letter of July 1, 1987, concerning residency requirements for the purposes of voting in school board elections. In your letter, you provide information as to two instances where the residences of potential voters were called into question. You request an opinion from this office as to whether these persons may vote in a particular school district election where their voting residences are in dispute. Initially,

N.D.A.G. Letter to Larson (July 31, 1987) July 31, 1987 Mr. Stuart A. Larson Traill County State's Attorney P. O. Box 188 Hillsboro. North Dakota 58045 Dear Mr. Larson: Thank you for your letter of July 2, 1987, wherein you inquired as to a board of township supervisors' responsibility to maintain the township highway ditches in a clean condition. You also asked if the cost of such cleaning could be charged back against the land adjacent to the highway. By the clean condition, I assume you mean a highway ditch that is relatively free of obstructions that would interfere with the free fl

N.D.A.G. Letter to Duppler (July 30, 1987) July 30, 1987 Mr. Alan Duppler Mercer County State's Attorney Mercer County Courthouse Stanton, ND 58571 Dear Mr. Duppler: Thank you for your letter dated July 7, 1987, in which you inquire as to the Mercer County Jail's policy of requiring work release prisoners to pay a daily lodging rate. You ask whether or not a county sheriff or the board of county commissioners has the authority to institute a jail policy that requires work release prisoners to pay an administrative fee for work release. Generally, the governing body of each jail, in you

N.D.A.G. Letter to Wold (July 29, 1987) July 29, 1987 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of June 24, 1987, inquiring as to a county multi-year lease purchase agreement. In your first question, you ask whether a multi-year lease purchase agreement entered into by a county violates the provisions of N.D.C.C. § 21-01-03. N.D.C.C. § 21-01-03 provides, in part, as follows: 21-01-03. MAXIMUM AMOUNT OF WARRANTS OR INDEBTEDNESS--VIOLATION OF PROVISIONS--LIABILITY --PENALTY. . . . No indebtednes

N.D.A.G. Letter to Stefonowicz (July 27, 1987) July 27, 1987 Mr. Michel W. Stefonowicz Divide County State's Attorney P.O. Box 289 Crosby, ND 58730 Dear Mr. Stefonowicz: Thank you for your letter of July 8, 1987, inquiring as to the ability of a board of county commissioners to levy a tax levy pursuant to N.D.C.C. § 2-06-15 in support of an airport which is neither a county airport nor a regional airport authority to which the county belongs. This question has been posed to this office in 1982 and in 1983. Enclosed are copies of letter opinions issued to two North Dakota state's atto

N.D.A.G. Letter to Olson (July 27, 1987) July 27, 1987 Dr. Aaron Olson President, North Dakota State Board of Podiatry Examiners Medical Arts Building 810 East Rosser Bismarck, ND 58501 Dear Dr. Olson: Thank you for your letter dated July 7, 1987, regarding coverage of the Podiatric Board of Examiners' Secretary/Treasurer under the State Bonding Fund. The State Bonding Fund provides blanket fidelity bond coverage to public employees of the state and its political subdivisions. N.D.C.C. § 26.1-21-01(4) states that a "'public employee' does not include a person employed by an occupatio

N.D.A.G. Letter to Mehrer (July 23, 1987) July 23, 1987 Mr. Owen K. Mehrer State's Attorney P.O. Box 130 Dickinson, ND 58601 RE: West River Dakota Dome Enabling Agreement Dear Mr. Mehrer: You have asked for my approval of a document entitled "Enabling Agreement for West River Dakota Dome" pursuant to N.D.C.C. ch. 54-40. The agreement is for the establishment and operation of a regional multipurpose facility known as West River Dakota Dome. Funds to build the facility are to come from both private and public sources with the state contributing the land to the pro

N.D.A.G. Letter to Brendel (July 23, 1987) July 23, 1987 Mr. John P. Brendel Renville County State's Attorney P.O. Box 398 Mohall, ND 58761 Dear Mr. Brendel: Thank you for your letter of June 26, 1987, in which you request an Attorney General's opinion regarding the length of time a patron whose property has been the subject of a school district dissolution must wait before commencing annexation proceedings. The portion of the North Dakota Century Code dealing with annexation, reorganization, and dissolution and attachment of school districts contains no required waiting period which m

N.D.A.G. Letter to Wold (July 22, 1987) July 22, 1987 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of June 24, 1987, inquiring whether full time elected county officials may be appointed by the board of county commissioners to a part time position for which compensation is paid by the county. Your secondary question is whether such persons may receive additional compensation for serving in that part time position in addition to the salary received as a result of their elected position. We assume that your le

N.D.A.G. Letter to Larson (July 22, 1987) July 22, 1987 Mr. Stuart A. Larson Office of State's Attorney Traill County Box 188 Hillsboro. ND 58045 Dear Mr. Larson: Thank you for your letter of July 2, 1987, concerning North Dakota's noxious weed laws. I concur with your opinion that N.D.C.C. § 63-01.1-12(2) is not meant to apply to the temporary storing of seed that may contain noxious weed seeds or propagating parts of noxious weed seeds on the ground for the purpose of later processing that seed. I do not find any case law or previous opinions in regard to this matter. However, N.

Date Issued: July 15, 1987 (AGO 87-15) Requested by: Charles E. Johnson, City Attorney Coleharbor, North Dakota - QUESTION PRESENTED - Whether a city can continue to certify special assessments for collection to pay for an improvement project, even though the principal and interest on debt issued for the financing of the improvement project under N.D.C.C. chapter 40-24 have been fully paid. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city can continue t

N.D.A.G. Letter to Tennefos (July 14, 1987) July 14, 1987 Senator Jens Tennefos District 46 714 l9th Avenue South Fargo, ND 58103 Dear Senator Tennefos: Thank you for your letter of May 27, 1987, requesting an Attorney General's opinion on the issue of whether psychology would fall within the meaning of "services ancillary thereto" specified in the statute pertaining to professional corporations, when the professional corporation is composed of those qualified or licensed to practice medicine and dentistry. I apologize for the delay in responding to you. The portion

N.D.A.G. Letter to Meier (July 14, 1987) July 14, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: Thank you for your letter of June 3, 1987, requesting advice on whether your office has the authority to issue a certificate of authority to do business within the state of North Dakota to Common Title Bond and Trust (hereinafter Common Title) as a foreign business trust association. Your letter and enclosures indicate that Common Title, which is registered as a business trust in the state of South Dakota, applied for a cert

N.D.A.G. Letter to Maxson (July 14, 1987) July 14, 1987 Honorable Jim Maxson State Senator Northland Professional Building 600 - 22nd Avenue NW Minot, ND 58701 Dear Mr. Maxson: Thank you for your letter of May 20, 1987, in which you request an opinion from this office with regard to House Bill No. 1342 enacted by the 1987 North Dakota Legislative Assembly. I apologize for the delay in responding to you. The question you pose in your letter is whether the provisions of Section 1 of House Bill No. 1342 apply to land used primarily for agricultural purposes. In your request for an opinio

N.D.A.G. Letter to Farland (July 14, 1987) July 14, 1987 Mr. Darrell Farland Executive Director Governor's Council on Human Resources 3rd Floor State Capitol Annex Bismarck, ND 58505 Dear Mr. Farland: Thank you for your letter of June 30, 1987, inquiring as to the statutory requirements for ramped curbing for wheelchairs by cities when curbing projects are undertaken The relevant statute appears to be N.D.C.C. § 40-31-01.1. The first sentence of this statute states that each city shall hereafter (following the enactment of this statute on July 1, 1977) in intersection curb and gutter

N.D.A.G. Letter to Eiken (July 14, 1987) July 14, 1987 Mr. Doug Eiken, Director Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, North Dakota 58501 Dear Mr. Eiken: Thank you for your letter of June 24, 1987, concerning the Department's concession fund appropriation as found in N.D.C.C. § 55-08-07.1. The original concession fund arrangement was established by House Bill No. 1364, passed in 1971 by the Legislative Assembly. The title to that bill states: AN ACT to provide for a revolving fund for concessions for the statepark servi

N.D.A.G. Letter to Hanson (July 8, 1987) Overruled in part by N.D.A.G. 2004-L-42 July 8, 1987 Mr. Robert E. Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your letter of April 9, 1987, in which you request my opinion relative to the township highway aid fund established by N.D.C.C. § 54-27-19.1. I apologize for the delay in responding. In your letter, you state that in 1982, the State Treasurer requested, and received, a township road certification form from each county auditor certifying the road mileage in both organized and unorganized town

N.D.A.G. Letter to Slorby (July 7, 1987) July 7, 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 May 27, 1987, requesting my opinion as to whether a licensed commercial establishment may be permitted to sell beer and wine on Sunday at the North Dakota State Fair. I concur with your opinion that Senate Bill No. 2380 provides that wine and beer may only be sold on Sundays at the licensee's regular place of business and only in that part of the business habitually used for the serving and preparing of

N.D.A.G. Letter to Kingsbury, (July 7, 1987) July 7, 1987 Representative Harley Kingsbury 143 Eastwood Drive Rural Route 3, Box 8 Grafton, ND 58237 Dear Representative Kingsbury: Thank you for your letter dated May 8, 1987. In your letter you ask for clarification of section 2 of House Bill 1491 recently passed by the Legislature. I apologize for the delay in responding to you. Section 2 of House Bill 1491 states, in part, as follows: If any work is performed within six feet (1.83 meters) of any high voltage overhead line, or if mechanical equipment or machinery used near high voltage

N.D.A.G. Letter to Duppler (July 7, 1987) July 7, 1987 Mr. Alan Duppler Mercer County State's Attorney Mercer County Courthouse Stanton, ND 58571 Dear Mr. Duppler: Thank you for your May 21, 1987, letter in which you asked whether local ad valorem property taxes may be levied upon properties located in Mercer County which are held either directly by the Department of Energy or held indirectly in trust by the First Trust Company of North Dakota. In my opinion, all of these properties are held by DOE as an instrumentality of the United States and are therefore immune from ad valorem tax