North Dakota Attorney General Opinions

LETTER OPINION 2002-L-19 April 1, 2002 Mr. Kenneth L. Dalsted Jamestown City Attorney PO Box 1727 Jamestown, ND 58402-1727 RE: N.D.C.C. § 12.1-31-03 - Disclosure of Records Dear Mr. Dalsted: Thank you for your February 25, 2002, letter in which you have asked several questions regarding public access to law enforcement and municipal court records regarding minors who violate the Jamestown municipal ordinance establishing civil penalties for possession or use of tobacco products adopted pursuant t o North Dakota Century Code §12.1-31-03(2). You specifically state that school and public h

OPEN RECORDS AND MEETINGS OPINION 2002-O-05 DATE ISSUED: April 1, 2002 ISSUED TO: Fred Strege, Attorney, Wahpeton Public School District CITIZEN’S REQUEST FOR OPINION On November 9, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Attorney Karen Prout, on behalf of a client, asking whether the Wahpeton Public School District violated N.D.C.C. § 44-04-18 by denying Ms. Prout’s request for records compiled by the School District’s attorneys in response to a complaint submitted earlier by Ms. Prout’s client. FACTS PRESENTED On

FORMAL OPINION 2002-F-05 DATE ISSUED: March 28, 2002 REQUESTED BY: Senator Terry M. Wanzek QUESTION PRESENTED Whether it violates the United States Constitution for North Dakota state institutions of higher education to place student teachers in parochial schools. ATTORNEY GENERAL’S OPINION It is my opinion that it does not violate the United States Constitution for North Dakota state institutions of higher education to place student teachers in parochial schools if the placement is made pursuant to an appropriate placement policy. ANALYSIS In 1986, the Eighth Circuit Court of Appeals hel

FORMAL OPINION 2002-F-04 DATE ISSUED: March 27, 2002 REQUESTED BY: Representative Matthew M. Klein QUESTION PRESENTED Whether the North Dakota Workers Compensation Bureau violated the competitive bidding statutes when it rejected an “approved” alternate in awarding bids to the lowest and best bidder, when choosing that alternate would have reduced the cost of the project by more than $20,000. ATTORNEY GENERAL’S OPINION It is my opinion that the North Dakota Workers Compensation Bureau did not violate the competitive bidding statutes when it rejected an “approved” alterna

LETTER OPINION 2002-L-18 March 26, 2002 Honorable Aaron Krauter State Senator HC1, Box 27 Regent, ND 58650-9721 Dear Senator Krauter: Thank you for your letter asking if the city of Reeder may make a below market value sale of a parcel of its r eal property to Dakota Prairie Enrichment Center, Inc., a nonprofit corporation, and whether the city may enter into a long-term lease of a parcel of its real property to the nonprofit corporation. I understand that Reeder is not a home rule city under N.D.C.C. ch. 40-05.1; therefore, I will respond to your questions only as they relate to cities tha

LETTER OPINION 2002-L-17 March 25, 2002 Honorable David O’Connell State Senator 2531 County Road 30 Lansford, ND 58750 Dear Senator O’Connell: Thank you for your letter asking several questions about the North Dakota Wheat Commission’s appointment of a person who is not a Wheat Commission member as a delegate to U.S. Wheat Associates, Inc. You first ask whether the North Dakota Wheat Commission (“Wheat Commission”) has the authority to elect a person who is not a member of the Wheat Commission to serve as a Board member of U.S. Wheat Associates, Inc. This is the same question posed in your

LETTER OPINION 2002-L-16 March 1, 2002 Mr. James P. Wang Benson County State’s Attorney PO Box 211 Minnewaukan, ND 58351-0211 RE: Receipt of Witness Fees by a Sheriff Dear Mr. Wang: Thank you for your January 8, 2002, letter asking whether an elected county sheriff may receive witness compensation pursuant to N.D.C.C. § 31-01-16 to appear in a criminal case in district court. You also asked whether a distinction may be made when the elected sheriff is on duty or off duty and required to appear pursuant to a subpoena. Section 31-01-16, N.D.C.C., entitles a witness in a civil or criminal case

LETTER OPINION 2002-L-15 February 28, 2002 Dr. Kermit Lidstrom Chairman Education Factfinding Commission 630 Remington Avenue Bismarck, ND 58503-1041 Dear Dr. Lidstrom: Thank you for your letter asking when the participants in a factfinding hearing under N.D.C.C. § 15.1-16-15 are required to release the hearing report to the public. Enclosed with your letter was a hearing report recently issued by the Commission, which consists of the findings and recommendations issued by the Commission under N.D.C.C. § 15.1-16-15. You indicate the Commission believes the participants in

LETTER OPINION 2002-L-14 February 27, 2002 Mr. Stuart Larson Traill County State’s Attorney PO Box 847 Hillsboro, ND 58045-0847 Dear Mr. Larson: You ask whether a county commission may expend funds from the county road fund to purchase a pickup truck. Your specific question is whether a pickup truck is road machinery. Section 24-05-02, N.D.C.C., provides: 24-05-02. Fund - How expended. The county road fund created by section 24-05-01 may be expended only for road machinery and for grading, ditching, and surfacing, in proper form and condition for public travel, such

OPEN RECORDS AND MEETINGS OPINION 2002-O-04 DATE ISSUED: February 25, 2002 ISSUED TO: Cal Rolfson, Special Assistant Attorney General, North Dakota Board of Nursing CITIZEN’S REQUEST FOR OPINION On January 22, 2002, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Penni Weston asking whether the North Dakota Board of Nursing violated N.D.C.C. § 44-04-18 by charging her a fee for copies of open public records that exceeded the Board’s actual cost of making the requested copies. FACTS PRESENTED In December 2001, Ms. Weston requested and rece

LETTER OPINION 2002-L-12 February 22, 2002 Honorable Aaron Krauter State Senator HC1, Box 27 Regent, ND 58650-9721 Dear Senator Krauter: Thank you for your letter requesting my opinion on whether a luncheon fundraising event held on a dining car owned by a railroad corporation violated the North Dakota corporate campaign contribution law. You enclosed a copy of an invitation for a fundraising event held in April of 2001 for the benefit of the Governor. Invitations to the event stated it was to be held on a railroad dining car in a Mandan location. Section 16.1-08.1-03.3(1), N.D.C.C., pr

LETTER OPINION 2002-L-11 February 13, 2002 Mr. Lyle R. Bopp Sargent County State’s Attorney PO Box 125 Forman, ND 58032-0125 Dear Mr. Bopp: Thank you for your letter requesting my opinion on the need for a county commissioner election following redistricting under N.D.C.C. ch. 11-07. From your letter and a telephone conversation with a member of my staff, the following background information has been obtained. Your county commissioners directed the county redistricting board to redistrict the county pursuant to N.D.C.C. § 11-07-03.1. The redistricting of county commissioner districts un

LETTER OPINION 2002-L-10 February 12, 2002 Ms. Mary K. O’Donnell Rolette County State’s Attorney PO Box 1079 Rolla, ND 58367-1079 Dear Ms. O’Donnell: Thank you for your letter asking whether an attorney provided by the North Dakota Insurance Reserve Fund to represent a county or a county agency must be appointed by the county state’s attorney as an assistant state’s attorney of that county and whether a contract providing for legal representation of a county by an attorney retained by the North Dakota Insurance Reserve Fund must be interpreted as requiring that attorney to be appointed as an

OPEN RECORDS AND MEETINGS OPINION 2002-O-03 DATE ISSUED: February 11, 2002 ISSUED TO: Fabian Noack, Attorney, Foster County Water Resource District CITIZEN’S REQUEST FOR OPINION On January 24, 2002, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Richard Erickson asking whether the Foster County Water Resource District violated N.D.C.C. § 44-04-18 by failing to respond to Mr. Erickson’s request within a reasonable time. FACTS PRESENTED In a November 23, 2001, letter to the chairman of the Foster County Water Resource District Board (Board), Mr. Erickso

LETTER OPINION 2002-L-09 February 7, 2002 Ms. Barbara L. Whelan Pembina County State’s Attorney 301 Dakota St W Unit 9 Cavalier, ND 58220-4100 Dear Ms. Whelan: Thank you for your inquiry regarding whether the State Board of Equalization may equalize for tax assessment purposes the true and full value of agricultural lands within plus or minus five percent of the formulary values calculated by the agricultural economics department of North Dakota State University. Among the general duties and powers of the State Board of Equalization is the equalization of

LETTER OPINION 2002-L-08 February 5, 2002 The Honorable Byron Clark House of Representatives 3001 Hickory St Fargo, ND 58102 Dear Representative Clark: Thank you for your inquiry regarding portions of section 17-0211 of the Fargo Municipal Code. Your inquiry included a letter from Dane Carley who asserts that portions of that ordinance pertaining to the imposition of a surcharge penalty are unconstitutional. You have asked for my opinion on the constitutionality of this ordinance. Mr. Carley’s letter recites a portion of the Fargo “sump pump” ordinance which subjects a person to a “surcha

LETTER OPINION 2002-L-07 February 4, 2002 Mr. Daniel L. Gaustad Attorney at Law PO Box 352 Grafton, ND 58237-0352 Dear Mr. Gaustad: Thank you for your January 8, 2002, letter concerning the maintenance of easements. Your first question is whether the Walsh County Water Resource Board has the right to access land abutting drain structures and use it to maintain and repair the structures. While the Board would have this right if expressly acquired in the easement agreement with the landowner, your question concerns situations in which the easement agreement is silent on this

OPEN RECORDS AND MEETINGS OPINION 2002-O-02 ATE ISSUED: February 4, 2002 SUED TO: ey Garylle Stewart, Attorney, City of Fargo CITIZEN’S REQUEST FOR OPINION D IS Birch Burdick, Cass County States Attorn On January 11, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Steven Johnson on behalf of the Fargo Forum asking whether the Valley Regional Dispatch Center Board violated N.D.C.C. § 44-04-19 by denying a erson’s request to attend a meeting of the Board. FACTS PRESENTED yor of Fargo and the chairman of the Cass County oard of County Commissio

FORMAL OPINION 2002-F-03 DATE ISSUED: January 31, 2002 REQUESTED BY: Representative Merle Boucher QUESTION PRESENTED Whether a political subdivision may make a donation of public funds to another political subdivision. ATTORNEY GENERAL’S OPINION It is my opinion that a political subdivision may make a donation of public funds to another political subdivision through a joint powers agreement, and cites and counties may also make such donations through their home rule authority. ANALYSIS Your letter indicates that, as you understand it, the city of Bismarck intends to donate money to the Bi

LETTER OPINION 2002-L-06 January 29, 2002 Mr. Mike Mullen Senior Advisor for Health Policy Department of Health 600 East Boulevard Ave Dept. 301 Bismarck, ND 58505-0200 Dear Mr. Mullen: Thank you for your letter asking for my opinion on the authority of the North Dakota Department of Health (Department) to disclose complete copies of birth and death records (including certain confidential information) to the University of North Dakota School of Medicine and Health Sciences (Medical School) for general research by medical students. You also ask whether the Medical School can be considered a “b

LETTER OPINION 2002-L-05 January 28, 2002 Ms. Linda Hickman Williams County State’s Attorney PO Box 2047 Williston, ND 58802-2047 Re: Taxation of Indian Land Dear Ms. Hickman: In my August 14, 2001, letter to you I stated that Williams County has authority to tax an Indian’s undivided fee interest in land even though other Indian interests in the same tract are nontaxable because they are held in trust by the United States. In light of that conclusion, your September 7, 2001, letter asks me to address a number of procedural issues involved in taxing Indian fee interests. Your specific

FORMAL OPINION 2002-F-02 DATE ISSUED: January 24, 2002 REQUESTED BY: Terry W. Elhard, McIntosh County State’s Attorney QUESTIONS PRESENTED I. Whether a county sheriff may legally hold a full-time job other than the sheriff’s position. II. Whether a county commission may prohibit a county sheriff from using a sheriff’s department patrol vehicle to commute to and from the sheriff’s other job. ATTORNEY GENERAL’S OPINIONS I. It is my opinion that a county sheriff may legally hold a full-time job other than the sheriff’s position, although there are limits on the abilit

OPEN RECORDS AND MEETINGS OPINION 2002-O-01 DATE ISSUED: January 10, 2002 ISSUED TO: Wade Enget, Tioga City Attorney CITIZEN’S REQUEST FOR OPINION On December 12, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Steve Andrist on behalf of the Tioga Tribune asking whether the Tioga City Commission violated N.D.C.C. §§ 44-04-19 and 44-04-19.2 by holding an executive session on December 3, 2001, that was not authorized by law or held in compliance with required procedures. FACTS PRESENTED The Tioga City Commission (City) held an executive session

LETTER OPINION 2002-L-04 January 8, 2002 Mr. Don Eppler Lisbon City Attorney PO Box 511 Lisbon, ND 58054 Dear Mr. Eppler: Thank you for your letter concerning reimbursement of incarceration costs paid by a home rule city for persons sentenced in a municipal court to serve time in jail. Your first question is whether a home rule city may seek reimbursement for incarceration costs paid by the city from persons sentenced in the municipal court to serve time in jail if the reimbursement is not required by the municipal court’s sentence. In a letter opinion issued by this o

LETTER OPINION 2002-L-03 January 4, 2002 Ms. Kristi Pettit Assistant Grand Forks City Prosecutor PO Box 5299 Grand Forks, ND 58206-5299 Dear Ms. Pettit: Thank you for your letter requesting reconsideration of a letter opinion issued to you on December 30, 1999, concerning the authority of municipal judges to issue search warrants. See 1999 N.D. Op. Att’y Gen. L-132. I have carefully considered the argument you raised in your letter and further researched the matter. It is my opinion that there have been no material changes in the relevant law since the previo

LETTER OPINION 2002-L-02 January 4, 2002 Honorable David O’Connell State Senator 2531 County Road 30 Lansford, ND 58750 Dear Senator O’Connell: Thank you for your letter asking whether the North Dakota Wheat Commission has the authority to select Alan Lee as one of its representatives on the U.S. Wheat Associates’ board of directors. 1 Attached to your request is a letter from one of your constituents, and a letter from North Dakota Farmers for Profitable Agriculture. 2 The Wheat Commission’s statutory authority determines whether it can select Alan Lee as one of its representatives on the

LETTER OPINION 2002-L-01 January 4, 2002 Honorable Frank Klein State Representative 4840 104th Ave SW Dickinson, ND 58601 Dear Representative Klein: Thank you for your letter asking three questions regarding N.D.C.C. § 15.1 -06-17.1. That section provides: Religious objects or documents – Display. A religious object or document of cultural, legal, or historical significance which has influenced the legal and governmental systems of the United States and this state may be displayed in a public school building together with other objects or documents of cultural, legal,

FORMAL OPINION 2002-F-01 DATE ISSUED: January 4, 2002 REQUESTED BY: Mary K. O’Donnell Rolette County State’s Attorney QUESTIONS PRESENTED I. Whether observation wells and water lines owned by the Turtle Mountain Band of Chippewa and located on the 33-foot section line easement constitute obstructions that must be removed to permit development and use of the section line as a public right-of- way, pursuant to N.D.C.C. §§ 24-07-03 and 24-06-28. II. Whether a board of township supervisors or a county commission has the duty to construct a road on or off a section line for the purpose of prov

LETTER OPINION 2002-L-01 January 4, 2002 Honorable Frank Klein State Representative 4840 104th Ave SW Dickinson, ND 58601 Dear Representative Klein: Thank you for your letter asking three questions regarding N.D.C.C. § 15.1 -06-17.1. That section provides: Religious objects or documents – Display. A religious object or document of cultural, legal, or historical significance which has influenced the legal and governmental systems of the United States and this state may be displayed in a public school building together with other objects or documents of cultural, legal,

OPEN RECORDS AND MEETINGS OPINION 2001-O-17 DATE ISSUED: December 24, 2001 ISSUED TO: Ronald Reichert, Medora City Attorney CITIZEN’S REQUEST FOR OPINION On November 7, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Richard Volesky on behalf of the Dickinson Press asking whether the Medora City Council violated N.D.C.C. § 44-04-19 and 44-04-19.2 by holding an executive session on October 9, 2001, which was not authorized by law or held in compliance with required procedures. FACTS PRESENTED The Medora City Council

LETTER OPINION 2001-L-53 December 20, 2001 Mr. Earle R. Myers, Jr. Richland County State’s Attorney 413 3rd Ave N Wahpeton, ND 58075-4420 Dear Mr. Myers: Thank you for your letter about reporting a death in an ambulance when life support is withdrawn upon order of a physician. The situation you describe involves an emergency medical technician accompanying a patient in an ambulance who withdraws life supporting treatment at the direction (usually by telephone or radio) of a physician. You asked whether the death is an unattended death under suspicious circumstances, or whether the patient

LETTER OPINION 2001-L-52 December 17, 2001 Ms. H. Jean Delaney Barnes County Assistant State’s Attorney 230 4th Street NW Valley City, ND 58072-2947 Dear Ms. Delaney: Thank you for your letter inquiring whether the Valley City Police Department or the Barnes County Sheriff has the responsibility to transport individuals who are subject to involuntary commitment to the North Dakota State Hospital. The purpose of N.D.C.C. ch. 25-03.1 is to “[p]rovide prompt evaluation and treatment of persons with serious mental disorders or chemical dependency” through the “full use of all existing agencies [a

FORMAL OPINION 2001-F-10 DATE ISSUED: December 11, 2001 REQUESTED BY: Eric Hardmeyer, President, Bank of North Dakota QUESTION PRESENTED To what extent is the Bank of North Dakota required to maintain the confidentiality of information regarding customers of the Bank of North Dakota. ATTORNEY GENERAL’S OPINION It is my opinion the Industrial Commission, as managing body of the Bank of North Dakota, is required to disclose upon request the name of any person who has obtained financing from the Bank of North Dakota and the amount of financing provided to that person, except for consumer bor

LETTER OPINION 2001-L-51 November 28, 2001 Mr. Dennis Schulz Secretary-Treasurer North Dakota Real Estate Commission PO Box 727 Bismarck, ND 58502-0727 Dear Mr. Schulz: Thank you for your letter asking whether state or federal law requires real estate agents to reveal to a prospective buyer of a home that the home has been used as a methamphetamine (meth) lab. I will answer your question in the context of assisting you in giving guidance to real estate brokers concerning their responsibilities to make disclosure in the context of potential disciplinary actions against lice

LETTER OPINION 2001-L-50 November 21, 2001 Honorable James M. Kasper State Representative 1128 Westrac Drive Fargo, ND 58103-2342 Dear Representative Kasper: Thank you for your letter asking several questions about possible actions the Legislative Assembly may take in the upcoming special session regarding Senate Bill 2191, which has been referred and will be voted upon by the people at the June 2002 primary election. Senate Bill 2191, which deals with disclosure of financial information by financial institutions, was passed by the 57th Legislative Assembly and carried a

LETTER OPINION 2001-L-49 November 19, 2001 The Honorable Bob Stenehjem State Senator 7475 41st St SE Bismarck, ND 58504-3200 Dear Senator Stenehjem: You asked whether the Governor must submit the names of three persons appointed to office since the 2001 Legislature adjourned to the Senate for confirmation during the upcoming special session of the Legislative Assembly. You also inquire about a vacancy on the State Gaming Commission. The Governor recently issued an executive order calling the 57th Legislative Assembly into special session on November 26, 2001. 1 Since adjourn

LETTER OPINION 2001-L-48 November 9, 2001 Ms. Merle A. Torkelson McLean County State’s Attorney PO Box 1108 Washburn, ND 58577-1108 Dear Ms. Torkelson: Thank you for your request for my opinion on several issues relating to the renovation or reconstruction of the McLean County Courthouse. I will address your questions in the order presented in your letter. Your first question relates to borrowing money from the coal development trust fund for purposes of constructing a new county courthouse. In order to be eligible for a loan from the coal development trust fund, an impacted county must “

LETTER OPINION 2001-L-47 November 9, 2001 The Honorable Dennis Renner State Representative District 31 4530 Hwy 6 Mandan, ND 58554 Dear Representative Renner: Thank you for your letter requesting an opinion regarding the authority or responsibility of the Morton County Commission with respect to a trail across one farmer’s land which provides access to another farmer’s land. 1 In early 1976, the Fischers approached the Morton County Commission requesting that the Commission open a section line running across the Berger property to enable Fischer to move cattle and hay more easily from his hom

OPEN RECORDS AND MEETINGS OPINION 2001-O-16 DATE ISSUED: November 9, 2001 ISSUED TO: Roger Johnson, Commissioner of Agriculture CITIZEN’S REQUEST FOR OPINION On November 8, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Eric Aasmundstad asking whether the nominating committee for the member at large position on the North Dakota Wheat Commission violated N.D.C.C. § 44-04-21 by selecting three nominees to submit to the Governor by unsigned, written ballots. FACTS PRESENTED Section 4-28-03, N.D.C.C., appoints

OPEN RECORDS AND MEETINGS OPINION 2001-O-15 DATE ISSUED: November 5, 2001 ISSUED TO: Mary O'Donnell, Rolette County State's Attorney CITIZEN’S REQUEST FOR OPINION On September 7, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Dawn Bruce alleging the Rolette County Social Service Board violated various sections of the open meetings law regarding an August 8, 2001, special meeting of the Board. The same day, this office received a request from Ella Davis alleging similar violations by the Board regarding a regular meeting and a

FORMAL OPINION 2001-F-09 DATE ISSUED: November 2, 2001 REQUESTED BY: Senator Ben Tollefson QUESTION PRESENTED Whether a home rule city may establish a special assessment district that would include tax exempt property for the purpose of causing ta x exempt entities to pay a portion of city, police, and fire protection costs. ATTORNEY GENERAL’S OPINION It is my opinion that the North Dakota Constitution prohibits a home rule city from levying a special assessment on tax exempt entities for the recovery of costs relating to generally available city services. ANALYSIS A city’s home rule auth

LETTER OPINION 2001-L-46 October 23, 2001 Mr. James D. Gion Hettinger County State’s Attorney PO Box 101 Regent, ND 58650-0101 Dear Mr. Gion: Thank you for your letter asking whether the Legislature intended to limit all park districts’ general fund levy to 35 mills when it enacted 2001 House Bill 1031. The 2001 Legislative Assembly enacted, and the Governor approved, House Bill 1031, which, among other things, amended N.D.C.C. § 57-15-12 to read as follows: The aggregate amount levied for park district general fund purposes, exclusive of levies to pay interest on bonded deb

LETTER OPINION 2001-L-45 October 22, 2001 Dr. Kermit Lidstrom Chairman Education Factfinding Commission 630 Remington Avenue Bismarck, ND 58503-1041 Dear Dr. Lidstrom: Thank you for your letter asking whether both a school board and the representative organization with which it is negotiating must agree that an impasse exists in order for the Education Factfinding Commission to provide assistance. The 2001 Legislative Assembly enacted N.D.C.C. §§ 15.1-16-14 and 15.1-16-15 to replace former N.D.C.C. § 15-38.1-13. With respect to the existence of an impasse, N.D.C.C. § 15.1-

LETTER OPINION 2001-L-44 October 22, 2001 Mr. Sparb Collins Executive Director Public Employees Retirement System 400 East Broadway, Suite 505 PO Box 1657 Bismarck, ND 58502-1657 RE: Defined Contribution Transfer Amount Dear Mr. Collins: Thank you for your letter regarding recent legislative changes to N.D.C.C. § 54-52.6-03(1) regarding the defined contribution retirement plan. You indicate that a bill to authorize an additional enrollment period for the defined contribution retirement plan, 2001 House Bill 1216, was amended during the legislative process. The origin

LETTER OPINION 2001-L-43 October 18, 2001 Honorable Ken Solberg State Senator 207 Sunset Lane Rugby, ND 58368-2510 Dear Senator Solberg: Thank you for your letter asking about a county’s expenditure of insurance proceeds obtained due to the loss of a building by fire. I understand from your letter that a county-owned building was destroyed by fire, and that the North Dakota Fire and Tornado Fund has adjusted the loss and paid the county for the building and its contents pursuant to N.D.C.C. ch. 26.1-22. You state the board of county commissioners appointed a “citizens committee” to

LETTER OPINION 2001-L-42 October 10, 2001 Mr. Lonnie W. Olson Ramsey County State’s Attorney 524 4th Avenue #16 Devils Lake, ND 58301 Dear Mr. Olson: Thank you for your letters regarding the right of governmental entities to vote on the creation of a special assessment district when their property is benefited and will be assessed. More specifically, you questioned whether Ramsey County and the Ramsey County Water Resource District have the right to vote on the creation of a special assessment district that includes county properties. In discussing this matter with local officials, it