North Dakota AG Opinions, 1953

OPINION 53-106 December 29, 1953 (OPINION) TAXATION RE: Assessment of Land Subject to Highway Easement I wish to acknowledge receipt of your letter dated December 21, 1953, in which you request an opinion concerning the taxation of lands upon which the owner thereof has granted an easement for highway right-of-way. It is the opinion of this office that the legal owners of all lands are subject to be taxed therefor, regardless of the existence of easements or servitudes unless specially exempt by the Legislature as in section 57-0210. There is no such special exemption for hig

OPINION 53-117 December 16, 1953 (OPINION) TAXATION RE: Separation Special From General Tax Your letter of the 11th inst. has come to my desk. Your questions require an answer to the question: Has property owner against whom general taxes and special assessments have both been levied, the right to pay either one or the other without paying both? It is our opinion that he may pay either one without paying both. This is clearly indicated by the statutes concerned. Section 40-2414 N.D.R.C. provides only that the county treasurer shall collect special assessments as general t

OPINION 53-78 December 10, 1953 (OPINION) MOTOR VEHICLES RE: Registration When in Military Service This office acknowledges receipt of your request for an opinion relative to the applicability of Section 39-0404 with reference to the registration of motor vehicles owned and operated by a person in military service now stationed in the State of North Dakota, but whose home and residence is in the State of Ohio. In checking into this matter, we find that the 1942 Congress passed an act declaring that for the purpose of taxation in respect to any person or of his property by any s

OPINION 53-113 December 9, 1953 (OPINION) TAXATION RE: Lien for Personal Property Tax This office is in receipt of your request of December 2, 1953, asking for an opinion relative to the interpretation to be given section 57-2221 of the North Dakota Revised Code of 1943 and in connection therewith you ask the following questions: 1. Can the board of county commissioners select, at their discretion, the particular tract of land owned by the tax debtor, against which the delinquent personal property tax is to be extended on. It is the opinion of this office that the board of c

OPINION 53-77 December 8, 1953 (OPINION) MOTOR VEHICLES RE: Out of State Registered Vehicles This office is in receipt of your request of December 7, 1953, submitting for our interpretation and opinion a request from the Highway Patrol of Grand Forks, North Dakota, the question as to whether the Packard Motor Car Company of Minneapolis, Minnesota may operate in this state one of their automobiles owned by the said concern but used by a block man for the company and who lives in North Dakota. In answer to said request, it is the opinion of this office that Section 39-0446 of th

OPINION 53-93 November 20, 1953(OPINION) OIL AND GAS RE: Industrial Commission - Rule Making Powers At a hearing held in the State Capitol on November 16, 1953, the North Dakota Industrial Commission considered certain rules and regulations proposed to it, together with objections to and corrections for those rules. The Commission requested an opinion of the Attorney General upon three specific questions: 1. Whether the proposed definition of waste is within the statutory and constitutional powers o

OPINION 53-57 October 28, 1953 (OPINION) HOLIDAYS RE: Armistice Day We have your request of October 26, asking for an official opinion relative to the holiday known as Armistice Day, which is designated specifically as the eleventh day of November. Your question in particular is as to whether or not this holiday is of such importance that ordinary places of business should be closed or if they are justified in remaining open. This is a question upon which some people might differ, but our opinion is as follows: Section 1-0301 of the 1949 supplement to the North Dakota Revis

OPINION 53-75 October 13, 1953 (OPINION) MILITARY RE: Recording of Form D-214 In your letter of October 7, 1953, you state that servicemen who are being released from service at the present time are being issued a form DD-214 which contains the pertinent information with reference to their age, date and place of entry into service, date of separation, etc. You also state that this is not a complete discharge due to the fact that they are being released to inactive duty and that the usual form of discharge appears at a later date when the serviceman is finally and completely d

OPINION 53-80 October 5, 1953 (OPINION) MOTOR VEHICLES RE: Taxation of Trucks - Local Hauling This opinion is written in response to your oral request for a clarification of Section 6, Chapter 242, Session Laws of 1953 as it applies to deliveries of goods by a merchant in his own truck, to a farmer-customer living over two miles from the recognized limits of the merchant's home city but such city being the usual local trading place for such farmer. You have asked whether Section 6 excepts this motor vehicle from the annual fee provided in this chapter. General provisions of l

OPINION 53-96 September 29, 1953 (OPINION) OIL AND GAS RE: Leasing by County We are in receipt of your letter of September 22, 1953, in which you request our opinion relative to an interpretation of chapter 232 of the 1951 Session Laws, as amended. You state that a railroad has discontinued operating in your county and has quit claimed to the county certain small tracts varying from one to twelve acres, variously located throughout the county. These tracts of land have been would back to the owners of the land adjacent to such tracts and in so doing the county has reserved one

OPINION 53-108 September 28, 1953 (OPINION) TAXATION RE: Cancellation When Property Acquired by City You have requested our opinion with reference to the question of abatement of delinquent real estate taxes on property recently purchased by the City of Dickinson for street purposes. Our Supreme Court in the case of State v. Towner County, 68 N.D. 629, 283 N.W. 63, has decided that where property is purchased by the state, all outstanding and unpaid taxes against such property are cancelled. Moreover, the general rule appears to be as stated in 158 A.L.R. at page 505 that "the

OPINION 53-65 September 15, 1953 (OPINION) INSTITUTIONS RE: Patient's Liability for Keep and Care You state that in your official capacity as state's attorney of Cass County you have collected from persons who have the means to pay the amount due, or a portion thereof as may have been available, to the state for treatment received in the past at the state hospital, state school, and state sanitarium. The count has, in accordance with section 25-0829 of the 1949 supplement, applied the sums so collected, first to the county and secondly the balance, if any, to the state. The s

OPINION 53-51 September 15, 1953(OPINION) HIGHWAYS RE: Distribution of Tax to Municipalities You have written requesting our opinion of chapter 179 of the 1953 session laws which deals with the allocation to the cities and village of the county of twenty percent of such funds as shall have been paid into the county for highway purposes. In an opinion, dated August 5, 1953, to Mr. C.J. Schauss, State's Attorney of Morton County, this office interpreted certain portions of this chapter, and for that reason will in this opinion simply enlarge upon what we said in that instance. Briefly, th

OPINION 53-46 September 15, 1953(OPINION) HEALTH DISTRICTS RE: Certificates of Indebtedness Reference is made to your letter of September 4, 1953, in which you request the opinion of this office on the following question: Does a District Health Unit organized under the provisions of chapter 23-14 of the Dakota Revised Code of 1943 have the authority to borrow money in anticipation of revenue and issue certificates of indebtedness therefor. Section 21-0202 of the 1943 Revised Code refers to certificates of indebtedness. That section reads as follows: "CERTIFICATES OF INDEBTEDNESS; BY

OPINION 53-123 September 8, 1953 (OPINION) TEACHERS INSURANCE AND RETIREMENT FUND RE: Qualification - Attending College When Entering Military Service This office is in receipt of your request of September 4, 1953, for an opinion relative to the effect of Chapter 139 of the 1953 Session Laws. Your question is presented as follows: "Does said amendment provide for credit to service men who attended college at the time of induction into military service prior to July 1, 1953?" Chapter 139 of the 1953 Session Laws amends Sections 15-3936 and 15-3937 of the 1949 Supplement to th

OPINION 53-77 September 3, 1953 (OPINION) MOTOR VEHICLES RE: Proportionate - Fees - Reciprocity You have requested an opinion as to the legality of licensing all foreign trucks owned by one fleet owner, on a proportionate fee basis rather than licensing a proportionate number of his trucks on a full fee basis, where proportionate licensing is authorized under Chapter 236 of 1953 Session Laws. It is my opinion that proportionate licensing of foreign trucks was made a proper subject for reciprocal agreements by Chapter 236 and that it was intended to provide a means by which the

OPINION 53-76 September 3, 1953 (OPINION) MOTOR VEHICLES RE: Reciprocity - License Reference is made to your request for a clarification of the North Dakota reciprocity laws, and particularly to an Attorney General's Opinion dated June 5, 1953. With your request you have submitted a copy of a letter concerning this matter, from Mr. W. E. Howes, Director, Motor Vehicle Division for the State of Minnesota. It is our continued opinion, after giving due consideration to the reciprocity laws of North Dakota and the legislative intent, that you may not enter into any reciprocity ag

OPINION 53-21 August 31, 1953 (OPINION) COUNTIES RE: Population When Determined This office is in receipt of your communication of August 26, 1953, inquiring as to the effect of Chapter 109 of the 1951 Session Laws providing for the salaries of public officials. You ask specifically for an opinion as follows: "Will you please give me your written opinion as to when the 1950 census became official so that the county auditor was charged with notice of the change in population." It is the opinion of this office that your county is governed as to the increase in salary when you

OPINION 53-43 August 27, 1953(OPINION) GAME AND FISH RE: Jurisdiction Non-navigable Waters You have requested an opinion defining the jurisdiction of the State Game and Fish Department insofar as it involves the matter of eradication and transplanting of fish in non-navigable waters in this state. Although wild animals are the subject of private ownership because of their location upon lands of the person claiming them (47-0108, 5) the state has reserved the right to regulate and conse

Overruled by N.D.A.G. 98-L-90 OPINION 53-44 August 26, 1953(OPINION) GAME AND FISH RE: Jurisdiction Over Indian Reservations You have requested an opinion as to the jurisdiction of the State Game and Fish Department in an area which, although not original tribal land, has been purchased by the Federal Government and designated as a part of an Indian Reservation, and as to public access to such land. The Organic Law of Dakota Territory (Act of March 2, 1861, chapter 83, 12 Statutes at

OPINION 53-65 August 25, 1953 (OPINION) INSURANCE RE: Financial Responsibility - Unauthorized Insurance Companies We have your request for an opinion dated August 14, 1953, on a matter pertaining to proof of financial responsibility as required by section 39-1618 of the 1949 supplement to the North Dakota Revised Code of 1943. You state that an insurance company, not authorized to do business in this state other than under the Surplus Lines Act, chapter 191 of the 1953 session laws, has begun the practice of filing with your office in cases where proof of financial responsibili

OPINION 53-119 August 17, 1953 (OPINION) TAXATION RE: What is Assessed Valuation In yours of August 13th, you request the opinion of this office as to whether the assessed valuation referred to in section 15-2716 N.D.R.C. 1943 means the taxable assessed valuation, or the original full assessed valuation. It is our opinion that the "assessed valuation," found in line four of section 15-2716 means the valuation upon which taxes are assessed; that is, the 50 percent of the full, actual, assessed valuation. The ability of the remaining portion of the district to maintain its sch

OPINION 53-106 August 10, 1953 (OPINION) TAXATION RE: Assessment - Oil and Gas Drilling Rigs This opinion is given in response to your request of August 3, 1953. You inquire at to the assessment and taxation status of oil and gas drilling rigs, in view of chapter 309, Session Laws of 1953, which repealed section 57-0219, North Dakota Revised Code of 1943, exempting such rigs from taxation until they had been in the state for one year. The process of taxation must be in accordance with the procedure set up by law. Under section 57-0211, N.D.R.C. 1943 personal property shall b

OPINION 53-106 August 10, 1953 (OPINION) TAXATION RE: Assessment - Oil and Gas Drilling Rigs This opinion is given in response to your request of August 3, 1953. You inquire at to the assessment and taxation status of oil and gas drilling rigs, in view of chapter 309, Session Laws of 1953, which repealed section 57-0219, North Dakota Revised Code of 1943, exempting such rigs from taxation until they had been in the state for one year. The process of taxation must be in accordance with the procedure set up by law. Under section 57-0211, N.D.R.C. 1943 personal property shall b

OPINION 53-90 August 5, 1953 (OPINION) OIL AND GAS RE: Gravel and Sand as Minerals Subject to Oil and Gas Lease I wish to acknowledge receipt of your request for an opinion as to the construction of the word "mineral" as used in, and the subject of the usual documents commonly referred to as oil and gas leases. you state that because of the large portion of this state now covered by oil and gas leases, the State Highway Department is experiencing difficulty in obtaining rights to necessary highway construction materials such as sand, gravel, scoria, clay binder and earth fille

OPINION 53-76 August 5, 1953 (OPINION) MORTGAGES CHATTEL RE: Satisfaction - Register of Deeds You ask our opinion, in yours of August third, as to the satisfaction of chattel mortgages. Section 35-0412 N.D.R.C. provides that a "mortgage of personal property shall be cancelled by the register of deeds upon presentation to him of an acknowledgement of satisfaction thereof signed by the mortgagee or assignee." It is evident that none other than the mortgagee or assignee may execute such a satisfaction. Either the mortgagee or assignee may give a written and duly executed power

OPINION 53-109 August 5, 1953 (OPINION) TAXATION RE: County Road Fund This office is in receipt of your request of July 29, 1953, asking for an opinion dealing with the following problems which you state as follows: "In the past, Morton County has levied a tax pursuant to section 24-0501 of the N.D.R.C. of 1943. The proceeds of that levy have been held in the County Road Fund. In addition, they have levied a tax for building bridges. The proceeds of that levy have been held in the bridge fund. Their questions are as follows: 1. Can they make a new levy of one-fourth

OPINION 53-87 August 4, 1953 (OPINION) OCCUPATIONS & PROFESSIONS RE: Narcotic License - Chiropodist This office is in receipt of your inquiry of July 28, 1953, as to whether or not under Chapter 267 of the 1953 Session Laws of the State of North Dakota, dealing with chiropodists and doctors of surgical chiropody, it is legal and proper for such profession to obtain a narcotic license from the United States Internal Revenue Department. It will be noted in section 1 of chapter 267 of the 1953 Session Laws that there was added to the former definition of chiropodists what is now

OPINION 53-85 July 27, 1953 (OPINION) OASIS RE: Deductions - When Applicable This is in reply to your letter in which you ask for an opinion on subsection 3 of section 52-0915, to the 1953 Session Laws as follows: . Deductions, in such amounts and at such time or times as the bureau shall determine, shall be made from any payment or payments under this chapter to which an individual is entitled, until the total of such deductions equals such individual's benefit or benefits for any month in which: (3) Such individual rendered services for the state of North Dakota or any of

OPINION 53-34 July 25, 1953 (OPINION) ELECTIONS RE: Expense of Providing Polling Place Yours of July twenty-fourth reliability for rental, lights, and janitor for place to hold an election, has been received. Section 11-1114 North Dakota Revised Code enumerates the powers of the county commissioners. Among these powers is: "6. To establish election precincts in the county." It is our opinion that this provision means that the county shall provide for each precinct a suitable room or place for the holding of elections, with proper heat and light. This presupposes that the c

OPINION 53-41 July 21, 1953(OPINION) ESTATE TAX RE: Tax Commissioner to Make Report to County Judge - When This is in reply to your letter of July 14, 1953, in which you request the opinion of this office as to whether chapter 210 of the 1953 Session Laws requires the Tax commissioner to furnish a statement relating to the income tax liability of a decedent to the State when an application for determination of estate tax is filed in an heirship proceeding or in pursuance of any of the following sections of the North Dakota Revised Code of 1943, as amended: 57-3702 (4), 57/-3704, 57-3705,

OPINION 53-95 July 20, 1953 (OPINION) OIL AND GAS RE: Industrial Commission Rules Making Power This opinion is given in response to your request to the Governor dated July thirteenth, which he has referred to this office. You have enclosed a letter from an official of the Federal Housing Administration. In brief, he seeks a ruling from the Industrial Commission flatly forbidding drilling oil wells within 200 feet of any building. His interest in the matter is the protection of property values of houses in which the Federal Housing Administration has an interest as loan insu

OPINION 53-63 July 13, 1953 (OPINION) INSTITUTIONS RE: Counties to Pay Collections Made for Cost of Keep of Patients You ask for an interpretation of chapter 198 of the 1949 Session Laws. You state that Traill County has made collections from several patients, or their guardians or relatives, in the sum of $1,921.78, as the result of institutional care prior to July 1, 1949. You ask specifically what disposition should be made of these funds by the Traill county auditor. We think the language in chapter 198 of the 1949 session laws is clear and quite plainly directs that the c

OPINION 53-74 June 26, 1953 (OPINION) MILITARY RE: City Employees Deduction From Pay While in National Guard This is in reply to you letter of June 24, 1953. You inquire if, under the provisions of section 37-0125, 1949 supplement to the North Dakota Revised Code of 1943, a city may deduct from the pay of an employee on National Guard or Organized Reserve duty the amount of his military pay during the period of his military absence. During the first thirty days of such military absence, the employee, if meeting the qualifications stated in that section, is entitled to leave o

OPINION 53-62 June 22, 1953 (OPINION) INSTITUTIONS RE: Appropriation - Permanent Improvements - What Constitutes This office acknowledges receipt of your communication of June 18, 1953, requesting an opinion as to whether or not items 3 and 6 under "improvements and repairs" as contained in chapter 86 of the 1949 Session Laws are such items as will qualify under chapter 321 of the 1949 Session Laws in this that the said chapter provides that appropriations made for buildings, additions to buildings and permanent improvements for your institution shall not be transferred to the

OPINION 53-6 June 22, 1953 (OPINION) APPROPRIATIONS RE: Legislative Research Unexpended Balance July 1, 1953 We are in receipt of your letter of June 11, 1953, requesting the opinion of this office as to whether certain funds appropriated for the use of the Legislative Research Committee during the 1951-53 biennium must revert to the general fund on July 1, 1953, in view of a contract which has been executed with the Automatic Safety Foundation for services in connection with a highway safety study. You state that the Automotive Safety Foundation will supervise and carry on the

OPINION 53-55 June 18, 1953 (OPINION) HIGHWAYS RE: Reconveyance of Easements During your recent visit to this office you stated that there exists a certain apprehension among your constituents regarding Senate Bill 194 passed at the last session of the legislature. You state that some of your constituents inquire whether or not a reconveyance is necessary from a political subdivision that has procured a right of way for highway purposes. In studying this question we note first of all that section 32 1503 of the 1943 Revised Code deals with this subject and provides as follow

OPINION 53-52 June 17, 1953 (OPINION) HIGHWAYS RE: Funds for Purchase of Road Machinery Yours of June 12, requesting our opinion as to which county road fund may be used for the purchase of road building and maintenance machinery has been received. Chapter 24-05, relating to county roads provides for a special levy, the proceed of which shall be "expended only for road machinery and for grading, ---." This would appear to be the proper fund for the purchase of road machinery. Section 24-0504 of this chapter was amended by chapter 177, Laws of 1951. Section 57-1506 (3) fixes

OPINION 53-51 June 17, 1953 (OPINION) HIGHWAYS RE: County Highway Engineer This office acknowledges receipt of your request of June 13, 1953, for an opinion relative to the establishment of the office of county highway engineer. You state that in the June, 1952 election the voters of Logan County voted to establish a county highway engineer office in conformity with chapter 11-31 of the 1949 supplement to the North Dakota Revised Code of 1943. The questions which you ask are as follows: 1. It is mandatory that the County Commissioners engage a county highway engineer. 2.

OPINION 53-62 June 16, 1953 (OPINION) INSTITUTIONS RE: Cost for Keep of Patients You state that the board of administration is negotiating with the Department of the Interior for a contract for the care of Indian patients at the Grafton State School for the fiscal year 1954. You state that Mr. J.M. Cooper, the area director, has written stating that he interprets an opinion issued from this office on January 27, 1948, to mean that the charge for the care and maintenance of patients is $20.00 per month and that a rate higher than that would be unfair and, in fact, discrimination

OPINION 53-47 June 11, 1953 (OPINION) HIGHWAYS RE: Bridges - Yellowstone River Bridge This is in reply to your letter of June 4, 1953. You state that the Board of County Commissioners of McKenzie County wish to know what legal action can be taken to build the Yellowstone River Bridge near Fairview, immediately. It is our opinion that the best available remedy is to seek a writ of mandamus compelling the State Highway Commissioner to "proceed with the preparation of plans and specifications and to take such other action as may be necessary in the construction and completion of such brid

OPINION 53-45 June 10, 1953 (OPINION) GAME AND FISH RE: Property Rights Along Non-navigable Streams Yours of June 9, 1953, asking for an opinion upon two specific questions has been received. We will answer them in the order given in your letter. Answer to No. 2: Where a landowner owns land on both sides of a nonnavigable stream and bordering it, he may lawfully prohibit any person from operating boats of any kind on his property for fishing or for nay other purpose. Since he owns both banks of the river he may prohibit anyone from standing on the bank, which is his prope

OPINION 53-116 June 4, 1953 (OPINION) TAXATION RE: Prepayment by Park District of Special Assessments Yours of the 3rd inst. re the above matter has been received. You wish our opinion as to whether or not your local park district may pay in full special assessments levied upon its property in full at this time or whether it must pay them in annual installments over the entire time in which levies have been made for payment by property owners in general for the special improvement. Special assessments are ordinarily payable over 20 or 30 year periods. Sections 40-2404, 40-240

OPINION 53-45 June 2, 1953 (OPINION) GAME AND FISH RE: Private Propagation of Blackneck Pheasants You state that a private person has informed you that he intends to raise Blackneck Pheasants on his farm, and to allow persons who pay him for the privilege to hunt them on the farm "regardless of whether or not the farm lies within an area which has been determined as an open pheasant area and regardless of whether or not the shooting would be done within the period prescribed by the Governor's Proclamation as open for the legal taking of pheasants." You ask our opinion as to the

OPINION 53-5 May 29, 1953(OPINION) APPROPRIATIONS RE: Improvements and Repairs - What Constitutes This office is in receipt of your request of May 28, 1953, for an opinion regarding two chapters of the 1949 Session Laws, to-wit, chapters 76 and 321. That part of chapter 76 in which you are concerned provides for an appropriation as follows: "Improvements and repairs: 1. Re-roofing, repairing and changing windows and painting hospital building ------------------------- $75,000.00" Chapter 321 of the same Session Laws provides that the appropriation made by the Thirtieth and any subs

OPINION 53-127 May 27, 1953 (OPINION) WELFARE RE: Care Transient Workers This office acknowledges receipt of your request of May 22, 1953, for an opinion relative to five questions dealing with migrant nonresident persons afflicted with tuberculosis. The problem presents itself because of Mexican migrant laborers who come to the state for employment. You state it is difficult, if not impossible, to determine their residence for poor relief because they migrate from one state to another. You further state that many of these people are afflicted and need immediate treatment

OPINION 53-12 May 25, 1953 (OPINION) BONDING FUND RE: Increase in Premium You have presented to this office an inquiry as the effect of House Bill No. 629 enacted by the recent session of the Legislature. The questions you present are as follows: "Will applications for bonds of public officials and employees that are received by the State Bonding Fund before July 1, 1953, be subject to premium charge after said date, or will they be free of premium charge for the term of office of official or employee even though such term may extend beyond July 1, 1953?" "Am I correct in a