North Dakota AG Opinions, 1974

OPINION 74-226 December 11, 1974 (OPINION) Mr. Ben Meier Secretary of State State Capitol Building Bismarck, ND 58505 Dear Mr. Meier: This is in response to your request for an opinion as to whether or not you must call a meeting of the state board of canvassers to certify the results of the recount in the U.S. Senate election race. Section 16-13-47.1 is silent as to any activities pertaining to the state canvassing board which should or should not be performed after the recount has been accomplished. This section, however, does state "the results of such recount shall be c

OPINION 74-574 December 6, 1974 (OPINION) Mr. W. L. Eckes Vice Chairman State Tax Appeals Board Beach, ND 58621 Dear Mr. Eckes: This is in response to your letter of November 5, 1974, wherein you make inquiry of this office concerning appeals from determinations of the State Tax Appeals Board as provided by Chapter 57-23.1 of the North Dakota Century Code, as amended. You submit the following in your letter of inquiry: "I am writing this present letter at the request of Kay Braaten, the Chairman of the State Tax Appeals Board, of which I am Vice Chairman. As I understand

OPINION 74-348 December 4, 1974 (OPINION) Mr. Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: This is in response to your request for an opinion pertaining to the length of time certain corporate records must be kept under various conditions and on the following questions: 1. Can domestic business corporations, after they have remained inactive or have been dissolved for a certain number of years, be destroyed without microfilming or copying? Note: I am aware that annual reports may be disposed of after they have remained on file for six y

OPINION 74-447 February 11, 1974 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner State Highway Building Bismarck, North Dakota 58505 Dear Mr. Hjelle: This is in response to your request for an opinion as to the legality of the State preventing live advertising from being placed on a sign structure which has been blank or painted out for six months or more. The declaration of policy set forth in Chapter 24-17 of the North Dakota Century Code does determine it to be in the public interest to “reasonably” regulate advertising devices along the highways therein specified and indicates

OPINION 74-445 November 18, 1974 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner State Highway Building Bismarck, North Dakota 58505 Mr. Hjelle: RE: Section 24-02-03, N.D.C.C. Section 185, ND Constitution This will acknowledge receipt of your request for an official opinion as to the legality of payment for employee service awards purchased by the State Highway Department for its longterm employees. You have indicated that this was announced to the employees as a continuous policy to provide an added benefit for 20 or more years of service for both present and fu

OPINION 74-611 November 7, 1974 (OPINION) The Honorable Byron L. Dorgan State Tax Commissioner and Members of Advisory Committee State Capitol Building Bismarck, ND 58505 RE: Michigan-Wisconsin Pipeline Company, Condition Water Permit (application 1901 A) United Power Association and Cooperative Power Association Condition Water Permit (application 1977) Dear Commissioner Dorgan: This is in response to your letter dated october 7, 1974, wherein you make the following request for an Attorney General's opinion: I have attended the hearings of the Water Commission in which r

OPINION 74-61 October 28, 1974 (OPINION) Mr. Roy A. Neste City Attorney Park River, ND 58270 Dear Mr. Neste: This is in response to your letter of October 21, 1974, wherein you request an opinion of this office relative to whether a municipality may become a member of a corporation. You submit the following in your letter of inquiry: "Enclosed find two letters for your inspection and I would like your opinion as to whether the City of Park River could legally become a member of a corporation. I am quite certain that our light and water plant which is a municipal utility c

OPINION 74-312 October 15, 1974 (OPINION) Mr. Albert J. Hardy Reichert, Howe & Hardy Attorneys at Law First National Bank Building P. O. Box 370 Dickinson, ND 58601 Dear Mr. Hardy: This is in response to your letter of 13 September 1974 with regard to recording of an "Abstract of Instrument" that a coal company wishes to have recorded in your County Register of Deeds office. You indicate that your Register of Deeds is quite concerned about recording such a document as it is not the actual lease but merely an abstract of same. You enclosed a copy of the document. The docum

OPINION 74-229 October 9, 1974 (OPINION) Mr. Vincent A. LaQua State's Attorney Wells County Fessenden, ND 58438 Dear Mr. LaQua: This is in response to your letter of October 4, 1974, with regard to procedure for abolishment of a weather modification authority. You inform us that weather modification authority for your county was created pursuant to petition of 51 percent of the qualified electors of your county dated October 29, 1973, pursuant to the provisions of section 2-07-06 of the North Dakota Century Code. You inform us that on October 1, 1974, at 3:00 p.m. there was f

OPINION 74-184 September 27, 1974 (OPINION) Mr. Brian W. Keohane State's Attorney Golden Valley County Beach, ND 58621 Dear Keohane: This is in response to your letter of 17 September 1974 with regard to "fine" and "costs" than can be charged by the county justice courts of this state. You call our attention to the provisions of section 33-12-33 of the North Dakota Century Code that state: "Fines used to pay costs - Residue paid to county treasurer. When in a criminal action the fine is paid, the justice must apply the money in payment of the legal costs and expenses of the

OPINION 74-544 September 25, 1974 (OPINION) Mr. Linn Sherman State's Attorney Kidder County Steele, ND 58482 Dear Mr. Sherman: This is in response to your letter of August 29, 1974, wherein you request an opinion of this office relative to Sections 57-22-26 and 57-22-27 of the North Dakota Century Code and the applicability of said statutes to the provisions of Chapter 57-55 involving the mobile home tax. You submit the following in your letter: "Under the provisions of Chapter 57-55 of the North Dakota Century Code, a Mobile Home Tax is provided for certain mobile homes.

OPINION 74-317 September 24, 1974 (OPINION) Mr. Dean F. Bard Special Assistant Attorney General for the North Dakota Real Estate Commission P. O. Box 1874 Bismarck, ND 58505 Dear Mr. Bard: This is in response to your correspondence of September 6, 1974, in which you state a question has arisen concerning the matter of granting a real estate brokers license to residents of North Dakota and South Dakota under a reciprocal agreement for the same. In this respect, you call our attention to section 43-23-10 of the North Dakota Century Code, as amended, which contains the follow

OPINION 74-330 September 12, 1974 (OPINION) Mr. Russel W. Stuart Commissioner, North Dakota Game and Fish Department 2121 Lovett Avenue Bismarck, ND 58505 Dear Mr. Stuart: This is in reply to your letter of August 27, 1974, relative to the posting of road and highway ditches. You state the following facts and questions: "Throughout the hunting seasons, the Department is often asked questions concerning the statute governing the posting against trespass of private lands and the effect of such posting in regard to the hunting or trespassing of road and highway ditches. If

OPINION 74-310 September 10, 1974 (OPINION) Ms. Alisa Simonson Director State Laboratories Commission Lock Box 937 Bismarck, ND 58505 Dear Ms. Simonson: This is in reply to your letter of August 16, 1974, in which you state the following facts and questions: "I request your opinion concerning the legality of the State Laboratories Commission issuing revenue bonds pursuant to Chapter 36 of the 1973 Session Laws. That act authorizes the Commission to issue bonds for the purpose of paying the cost of construction of a building to house the State Laboratories Department in an

OPINION 74-327 September 3, 1974 (OPINION) Mr. Albert J. Hardy Assistant States Attorney Stark County Dickinson, ND 58601 Dear Mr. Hardy: This is in response to your letter of August 14, 1974, wherein you request an opinion of this office relative to sections 11-18-02 and 11-18-03 of the North Dakota Century Code. You relate a situation which has arisen in your county and submit a question based thereon as follows: "The following situation has developed here in Stark County upon which we would appreciate receiving an opinion from your office. The defendant in a foreclosur

OPINION 74-625 August 30, 1974 (OPINION) Mr. Vern Fahy Engineer-Secretary State Water Commission 900 East Boulevard Bismarck, ND 58505 RE: SCW File No. C-131 Dear Mr. Fahy: This is in reply to your letter of August 13, 1974, relative to Public Law 93-234, the Food Disaster Protection Act of 1973. You note that one of the purposes of the Act is to "require states or local communities, as a condition to federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plain ordinances with effective enforcement provisions consistent w

OPINION 74-203 August 29, 1974 (OPINION) The Honorable Arthur A. Link Governor State of North Dakota State Capitol Bismarck, ND 58505 Dear Governor Link: This is in reply to your letter of August 27, 1974, relative to Section 1-03-01 of the N.D.C.C., as amended. You state the following facts and questions: "This is to request a clarification of your letter of October 29, 1973, to Raymond R. Rund concerning Section 1-03-01 of the North Dakota Century Code as that opinion was primarily in response to questions on political subdivisions and did not specifically address state

OPINION 74-239 August 28, 1974 (OPINION) Mr. Robert F. Reimers R.R. 3, Box M-40 Carrington, ND 58421 Dear Mr. Reimers: This is in response to your letter in which you state the following: "I find it necessary to ask for a legal meaning of the term emergency as found in section 54-16-04 of the N.D.C.C. and possibly related statutes. Similarly I would like to have the definition or connotation of the term extremely as it is found in section 54-16-04. Section 54-16-04 provides as follows: "Whenever it is made to appear to the emergency commission by an itemized, verified petit

OPINION 74-232 August 13, 1974 (OPINION) REVISED (Revised to correct minor errors) Mr. Robert F. Reimers District 29 R.R. 3, Box M-40 Carrington, ND 58421 Dear Mr. Reimers: This is in response to your letter in which you state as follows: "I need to know the legality of actions by the Emergency Commission in the transferring of funds from category to category. 1. Does the Emergency Commission have authority to transfer from one budget category to another, specifically salaries and wages upon need or emergency? 2. Does the Emergency Commission have authority to create

OPINION 74-197 August 8, 1974 (OPINION) Mr. Terence P. Devine Nelson County States Attorney Lakota, ND 58344 Dear Mr. Devine: This is in reply to your letter of July 23, 1974. You ask whether or not Section 27-08.1-01 of the North Dakota Century Code contemplates that the small claims court can be used for actions based on tort provided that the claim does not exceed two hundred dollars. Section 27-08.1-08 provides for the jurisdictional limits of the small claims court. It is stated therein: . . . The jurisdiction of such court shall be confined to cases for recovery of

OPINION 74-374 August 1, 1974 (OPINION) Mr. H. J. Snortland Assistant Superintendent of Public Instruction State Capitol Bismarck, ND 58501 Dear Mr. Snortland: This is in reply to your letter of July 23, 1974, relative to eligibility to receive foundation program payments. You state the following facts and questions: "The North Dakota National Guard is proposing a plan in which a senior high school student during the last semester of his high school career may join the National Guard and request active duty in a work experience career education plan offered at an Army Pos

OPINION 74-461 July 31, 1974 (OPINION) Thomas F. Kelsch Burleigh County States Attorney Burleigh County Courthouse P.O. Box 1901 Bismarck, North Dakota 58501 Dear Mr. Kelsch: This is in response to your letter of July 18, 1974, wherein you request an opinion of this office relative to Section 20.1-04-12 of the North Dakota Century Code, as amended, as the same concerns the training of any breed or class of dog in the fields of North Dakota between April 1 and July 14. You submit the following in your letter of inquiry: "A question has arisen as to the type of dog restricte

OPINION 74-182 July 23, 1974 (OPINION) Mr. Robert L. Eckert State's Attorney Richland County Wahpeton, ND 58705 Dear Mr. Eckert: This is in response to your letter of June 26, 1974, wherein you request an opinion of this office relative to section 11-33-11 of the North Dakota Century Code. You state that the request for opinion is based upon inquiry received by you from Mark Beardsley, Assistant Planner for Lake Agassiz R. C. and D. His letter of inquiry to you provides as follows: "I am writing for a legal opinion concerning county zoning. Should a county enact zoning r

OPINION 74-108 July 18, 1974 (OPINION) Mr. Raymond R. Rund State's Attorney Steele County Finley, ND 58230 Dear Mr. Rund: You state that as we know our nation will be having its bicentennial celebration in 1976. You state that you have a committee organized in Steele County, called "Steele County Bicentennial Committee" consisting of citizens who are planning ahead for this celebration. You state that one of the members of the Board of County Commissioners has asked you to obtain an opinion from this office as to whether the county can disburse public funds to this committe

OPINION 74-305 July 15, 1974 (OPINION) The Honorable Robert Martinson State Representative 32nd District 900 Summit Boulevard, No. 39 Bismarck, ND 58501 Dear Representative Martinson: This is in reply to your letter of June 28, 1974, in which you state the following facts and questions: "Some weeks ago your office issued an opinion requested by me regarding the legality of the bidding procedure being followed in connection with the State Laboratories building. At that time it was the conclusion of your office that the director of the State Laboratories Department was not c

OPINION 74-189 July 11, 1974 (OPINION) Mr. Gerald Rustad Assistant State's Attorney Williams County P. O. Box 476 Williston, ND 58801 Dear Mr. Rustad: This is in response to your letter in which you asked for an opinion whether or not a jury trial may be demanded for a noncriminal traffic violation at the initial disposition or hearing. Chapter 39-06 of the North Dakota Century Code was enacted by Chapter 301 of the 1973 Session. Laws for the purpose of making certain traffic violations noncriminal and for the further purpose of providing for an administrative disposition

OPINION 74-118 July 10, 1974 (OPINION) Mr. Charles E. Crane Attorney at Law, State's Attorney 105 East Third Street Mott, ND 58646 Dear Mr. Crane: This is in answer to your letter of May 22, 1974, in which you state the following: "The County Commissioners of Hettinger County have asked me to request an opinion as to the following questions: I. Statement of Facts: In 1920 Hettinger County acquired highway right-of-way by purchase, which right-of-way consisted of 8 acres for which the County paid $60.00 per acre. The County acquired title by Warranty Deed and not by ease

OPINION 74-79 June 27, 1974 (OPINION) Mr. William J. Johnson Larimore City Attorney Northwood, ND 58267 Dear Mr. Johnson: This is in response to your letter of June 11, 1974, stating that you are the city attorney of a named city in this state and are presently meeting with their special assessment board to set the Special Assessments for a specified improvement. You inform us that in approximately September of 1968 the City Council passed a resolution creating the specified street improvement district, enclosing a copy of same. You inform us that in September of 1968 the C

OPINION 74-76 June 27, 1974 (OPINION) Mr. A. S. Benson Attorney at Law 616 Main Street Bottineau, ND 58318 Dear Mr. Benson: This is in reply to your letter of June 10, 1974, in which you state the following: "The Senior Citizens of our community have asked me to write you to obtain an opinion as to whether or not they can borrow in anticipation of a mill levy which was voted and carried in the last election in the City of Bottineau. It is my opinion that they may borrow for one year in anticipation of this levy but not beyond a years time as the statute (sic) seems to be si

OPINION 74-31 June 26, 1974 (OPINION) Mr. R. E. Lommen State Land Commissioner State Land Department Sixth Floor, State Capitol Bismarck, ND 58501 Dear Mr. Lommen: This is in response to your letter of May 31, 1974, wherein your request an opinion of this office relative to a recent land sale of the Board of University and School Lands, conducted by and through the State Land Department and our interpretation of the application of Section 15-06-27 of the North Dakota Century Code. Insofar as your letter of inquiry makes specific mention of said Section 15-06-27 of the Nort

OPINION 74-139 June 13, 1974 (OPINION) Mr. Robert L. Eckert State's Attorney Richland County Wahpeton, ND 58075 Dear Mr. Eckert: This is in reply to your letter of June 6, 1974. You state that the existing Richland County jail which also services prisoners from the City of Wahpeton, North Dakota, will be torn down while a new Richland County - City of Wahpeton Law Enforcement Center will be constructed. You further state that there will be a time lag of about 15 months before a new Richland County Jail will be available. You also state that an agreement has been reached w

OPINION 74-510 May 28, 1974 (OPINION) Mr. John A. Zuger City Attorney P. O. Box 1695 Bismarck, ND 58501 Dear Mr. Zuger: This is in answer to your letter of April 11, 1974, requesting my opinion on the question of how a 47.55 acre tract of hayland annexed by the City of Bismarck should be assessed for property tax purposes because of the 1973 amendment to section 57-02-27, North Dakota Century Code, which added the following language to that section: "Agricultural lands within the corporate limits of a city, whether or not platted, shall constitute agricultural property and b

OPINION 74-302 May 22, 1974 (OPINION) The Honorable Robert Martinson State Representative 32nd District 200 Summit Boulevard No. 39 Bismarck, ND 58501 Dear Representative Martinson: This is in reply to your letter of May 15, 1974, relative to awarding of contracts for a new State Laboratories facility. You enclose a copy of an editorial which appeared in a local newspaper on Monday, May 13, 1974, and, apparently, based upon such editorial, you ask the following questions: 1. Did the apparent renegotiation with bidders in excess of $25,000 constitute a violation of the st

OPINION 74-110 May 22, 1974 (OPINION) Mr. John O. Garaas State's Attorney Cass County 10 1/2 Broadway Fargo, ND 58102 Dear Mr. Garaas: This is in reply to your letter of May 8, 1974, in which you ask whether Cass County could pay for mileage on amount it desires to employees of the county so long as they are not county officials or deputies of county officers, either elective or appointive. You note that section 11-10-15 of the North Dakota Century Code provides that county officials and their deputies can receive 10 cents per mile for motor vehicle travel on county busine

OPINION 74-598 May 21, 1974 (OPINION) Mr. John O. Garaas State's Attorney Cass County 10-1/2 Broadway Fargo, ND 58102 Dear Mr. Garaas: This is in response to your letter of May 10, 1974, wherein you request an opinion of this office relative to zoning powers and authority of townships and the relinquishment of such powers to the county. You submit the following facts and inquiry in your letter: "As I have received a copy of a letter from Lynn E. Erickson, Assistant Attorney General, directed to Mark A. Beardsley, Assistant Planner at R. C. and D. concerning relinquishment

OPINION 74-43 May 15, 1974 (OPINION) Mr. Thomas E. Rutten City Attorney Devils Lake, ND 58301 Dear Mr. Rutten: This is in reply to your letter of March 28, 1974. You request the opinion of this office concerning an apparent conflict between Chapter 40-22 and Chapter 40-31 of the North Dakota Century Code. You further request the advice of this office on whether your city may proceed to reseal streets and assessed adjoining property owners for the costs of resealing had been previously done within the past year. Section 40-22-01 of the North Dakota Century Code provides that

OPINION 74-320 May 13, 1974 (OPINION) Mr. Dennis Schulz, Secretary North Dakota Real Estate Commission Box 727 410 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Schulz: This is in response to your letter of April 22, 1974, wherein you request an opinion of this office relative to section 43-23.1-02 of the North Dakota Century Code, as amended. You submit the following for our consideration: "The North Dakota Real Estate Commission requests an opinion of your office with regard to whether or not out-of-state condominiums offered for sale to residents of North Dakota are r

OPINION 74-249 May 8, 1974 (OPINION) Mr. Paul G. Woutat Attorney Grand Forks County Board of Drainage Commissioners Box 1617 Grand Forks, ND 58201 Dear Mr. Woutat: This is in reply to your letter of May 1, 1974, requesting our opinion on behalf of the Grand Forks County Board of Drainage Commissioners as to their authority under chapter 61-21 of the North Dakota Century Code to acquire wildlife easements incident to the construction of legal drains. You state the following facts and questions: At the present time it is necessary that the Grand Forks County Board of Drain

OPINION 74-560 April 29, 1974 (OPINION) Mr. R. G. Nerison City Attorney P. O. Box 1560 Jamestown, ND 58401 Dear Mr. Nerison: This is in response to your letter of April 10, 1974, requesting an opinion of this office "as to the tax exempt status of certain real property in the City of Jamestown". The following is quoted from your letter: "The real property involved is a portion of the State Office of the North Dakota Conference of the Seventh Day Adventist Church. In addition to the State Offices of the Church, the building houses the North Dakota Bible Book Store which sel

OPINION 74-323 April 23, 1974 (OPINION) Mr. Maurice E. Cook Burne & Cook Attorneys at Law 105 North Main Bowman, ND 58623 Dear Mr. Cook: This is in response to your letter of April 9, 1974, wherein you make inquiry of this office concerning the recordation of deeds containing no description of real property. You submit the following facts and questions in your letter: "The Register of Deeds of Bowman County has handed me a deed which by its terms purports to convey real property, among other things. The deed was presented to the Bowman County Register of Deeds with the

OPINION 74-537 April 19, 1974 (OPINION) Mr. Neil W. Fleming State's Attorney Pembina County P.O. Box 388 Cavalier, ND 58220 Dear Mr. Fleming: This is in answer to your letter of March 7, 1974, formally requesting my opinion regarding the interpretation of Sections 57-02-01(10) and 57-02-08(15) of the North Dakota Century Code. You state that these two provisions appear to be in conflict regarding the taxation of farm residences and the defining of the term "farm", presumably because Section 57-02-01(10) states in part that there shall be "a presumption that a unit of land is

OPINION 74-63 April 17, 1974 (OPINION) The Honorable A. G. Bunker State Representative Legislative District 21 P. O. Box 2664 Fargo, ND 58102 Dear Representative Bunker: On November 15, 1973, this office issued an opinion to you in which we concluded that we were not aware of any authority that would allow a city to levy a local excise tax, not to exceed fifty percent, on the gross sales of liquor sold by alcoholic beverage establishments in that city. During a routine survey of currently licensed alcoholic beverage establishments in the State, it was observed that the city

OPINION 74-391 April 10, 1974 (OPINION) The Honorable M. F. Peterson Superintendent of Public Instruction State Capitol Bismarck, ND 58501 Dear Mr. Peterson: This is in reply to your letter of March 25, 1974, in which you enclose a copy of a letter dated March 22, 1974, from H. C. Gulbrandson, Assistant Superintendent of Schools, Fargo, North Dakota. Mr. Gulbrandson's letter is concerned with State Department of Labor's Minimum Wage Order No. 7 dated January 7, 1974, and effective March 7, 1974. He notes there appears to be a lot of confusion relative to whether or not sc

OPINION 74-606 April 8, 1974 (OPINION) The Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58501 Dear Mr. Meier: This is in reply to your request of date March 22, 1974, for our opinion regarding the disposition of the Financing Statements for the Uniform Commercial Code. You state that under section 41-09-42, section 2 (except as provided under subsection 6) North Dakota Century Code, it is stated that a Financing Statement is effective for five years from the date of filing. The effectiveness of a filed Financing Statement lapses on the expiration of th

OPINION 74-167 April 4, 1974 (OPINION) Mr. John O. Garaas State's Attorney Cass County Fargo, ND 58102 Dear Mr. Garaas: This is in reply to your letter of February 26, 1974, asking for my opinion on the question of whether the Board of County Commissioners of Cass County has authority to employ assistants on behalf of the county to help a special assessor make a reassessment ordered by the board pursuant to section 57-14-08 of the North Dakota Century Code. You advise that the Board of County Commissioners has ordered a reassessment of Barnes Township in Cass County and that

OPINION 74-426 March 27, 1974 (OPINION) Mr. Myron Just Commissioner of Agriculture Department of Agriculture State Capitol Bismarck, North Dakota 58501 Dear Mr. Just: This is in reply to your letter of March 5, 1974, with regard to reports of butchered cattle. You refer us to Section 39-09-15 of the North Dakota Century Code requiring "Butcher to keep record of branded cattle slaughtered by him - Report to Commissioner of Agriculture required." You ask whether this section applies to a custom slaughter operation wherein a private individual brings in an animal, has it slaugh

OPINION 74-366 March 27, 1974 (OPINION) Mr. Erwin H. Brendel State's Attorney Renville County Mohall, ND 58761 Dear Mr. Brendel: This is in reply to your letter of March 12, 1974, in regard to a rural fire protection district. You inform us that recently there was formed a new rural fire protection district headquartered at a named city in the northern party of your county. You state that as far as can be determined, all the preliminaries were properly handled, the notice of hearing was published, the hearing duly held by the Board of County Commissioners and, no one appea