North Dakota AG Opinions, 1985

N.D.A.G. Letter to Woods (Dec. 17, 1985) December 17, 1985 Mr. William E. Woods, Jr. Parshall City Attorney P.O. Box 7 Parshall, ND 58770 Dear Mr. Woods: Thank you for your letter of September 10, 1985, wherein you inquired about the taxable status of a certain land description located within the city of Parshall and which is the subject of an application for abatement from taxation that has been filed pursuant to the provisions of N.D.C.C. Ch. 57-23. I apologize for the delay in responding to you. While action on this matter is to be taken by the Board of County Commissioners, the cit

Office of the Attorney General State of North Dakota Opinion No. 85-45 Date Issued: December 9, 1985 Requested by: Keith Reisenauer Assistant Cass County State's Attorney --QUESTIONS PRESENTED-- I. Whether a board of township supervisors has the duty to remove trees from the right-of-way of a township road. II. Whether a board of township supervisors has the primary duty to mow grasses and weeds within the right-of-way of a section line road. --ATTORNEY GENERAL'S OPINION-- I. It is my opinion that a board of township supervisors h

Office of the Attorney General State of North Dakota Opinion No. 85-44 Date Issued: December 3, 1985 Requested by: James L. Marion Chief Parole Officer --QUESTION PRESENTED-- Whether a pardon acts to remove the punishment resulting from a criminal conviction, but does not act to remove the fact of guilt and other circumstances surrounding the commission of the crime. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a pardon acts to remove the punishment resulting from a criminal conviction, but does not a

N.D.A.G. Letter to Vosper (Dec. 2, 1985) December 2, 1985 Honorable F. Kent Vosper State Senate District 11 P. O. Box G Neche, ND 58265 Dear Senator Vosper: Thank you for your letter of November 4, 1985, concerning the liability of directors of the county fair association. I assume your reference to county fair association is a reference to those fair associations organized pursuant to N.D.C.C. § 4-02-26. With this assumption in mind, county fair associations are considered governmental agencies. Hadler v. Northwest Agriculture Livestock and Fair Assn. , 239 N.W. 7

N.D.A.G. Letter to Thompson (Dec. 2, 1985) December 2, 1985 Mr. Maury C. Thompson Sioux County State's Attorney Sioux County Courthouse Fort Yates, ND 58538 Dear Mr. Thompson: Thank you for your letter of November 15, 1985, concerning two members of a school board who are employees of that school district. In Tarpo v. Bowman Public School District No. 1, 232 N.W.2d 67 (N.D. 1975), our North Dakota Supreme Court adopted the common law rule as to incompatible offices. The Court concluded that two offices or positions are incompatible where one office has the power of appointment to the o

N.D.A.G. Letter to Solberg (Dec. 2, 1985) December 2, 1985 Mr. Wayne O. Solberg Fargo City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Solberg: Thank you for your letter of November 13, 1985, as to whether Martin Luther King Day is a state holiday pursuant to N.D.C.C. 1-03-01(11). N.D.C.C. 1-03-01(11) provides as follows: 1-03-01. HOLIDAYS. Holidays are as follows: * * * Every day appointed by the President of the United States or by the governor of this state for a public holiday. The President of the United States does have the authority to declare a public holiday. 5 U.

N.D.A.G. Letter to Keogh (Dec. 2, 1985) December 2, 1985 Honorable Robert A. Keogh Municipal Court Judge Dickinson Municipal Court P.O. Box 1037 122 2nd Ave. W. Dickinson, ND 58601 Dear Judge Keogh: Thank you for your letter of November 15, 1985. You have inquired as to whether or not the State of North Dakota must pay the costs incurred for the attendance of the state toxicologist at a trial pursuant to N.D.C.C. § 39-20-07(9). This question has been presented to us at an earlier date concerning an interpretation of the statutory provision preceding the current N.D.C.C. §39-20-07(9).

N.D.A.G. Letter to Slorby (Nov. 29, 1985) November 29, 1985 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58702-5005 Dear Mr. Slorby: Thank you for your letter of November 7, 1985, questioning the validity of a claim made against Ward County by the county superintendent of schools. Apparently, this claim is for meals provided to attendees of a workshop on school bus matters. The question has occurred whether this claim is a valid one and should be allowed by the board of county commissioners. North Dakota law does require all expenditures of monies by

N.D.A.G. Letter to Mehrer (Nov. 29, 1985) November 29, 1985 Mr. Owen K. Mehrer Stark County State's Attorney Stark County Courthouse P.O. Box 130 Dickinson, ND 58601 Dear Mr. Mehrer: Thank you for your letter of November 13, 1985, concerning the procedure to be followed by a sheriff in the sale of property following an execution where said property is subject to a prior lien. According to your letter, the practice apparently has been for the sheriff to pay off the prior lienors using proceeds collected from the sheriff's sale. If there is money left over following payment to the lienor

N.D.A.G. Letter to Hasti (Nov. 29, 1985) November 29, 1985 Mr. Barry Hasti State Supervisor of Assessments North Dakota Tax Department State Capitol -- Eighth Floor Bismarck, ND 58505 Dear Mr. Hasti: Thank you for your letter concerning the application for a new business tax exemption that is before the State Board of Equalization in behalf of An-Dee Drilling, Inc. of Minot, North Dakota. You have informed me that since 1981, An-Dee has operated its business in Minot in a leased facility. The company intends to build a 60' x 150' steel building in Minot. When the building is completed

N.D.A.G. Letter to Marion (Nov. 25, 1985) November 25, 1985 Mr. James Marion North Dakota Department of Parole and Probation P. O. Box 5521 Bismarck, ND 58502-5521 Dear Mr. Marion: Thank you for your letter of October 30, 1985, regarding the determination of prison sentences pursuant to the mandatory sentencing provisions of N.D.C.C. § 12.1-32-02.1, and good conduct sentence reduction provisions of N.D.C.C. § 12-54.1-01. The determination of a prisoner's "good time" based upon the total confinement portion of his sentence appears to conform to the language and intent of N.D.C.C. §12-5

N.D.A.G. Letter to Herauf (Nov. 25, 1985) November 25, 1985 Mr. William A. Herauf Attorney at Law Killdeer City Attorney 41 1st Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Herauf: Thank you for your letter dated October 15, 1985, in which you requested an Attorney General's opinion regarding the publication requirements of N.D.C.C. § 40-11-06 and §40-11-09 as to penalty clauses of municipal ordinances. Essentially, your inquiry concerns the applicability of the publication requirements of N.D.C.C. §40-11-09 where a revision of city ordinances has occ

N.D.A.G. Letter to Herauf (Nov. 25, 1985) November 25, 1985 Mr. William A. Herauf Attorney at Law Killdeer City Attorney 41 1st Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Herauf: Thank you for your letter dated October 15, 1985, in which you requested an Attorney General's opinion regarding the publication requirements of N.D.C.C. § 40-11-06 and §40-11-09 as to penalty clauses of municipal ordinances. Essentially, your inquiry concerns the applicability of the publication requirements of N.D.C.C. §40-11-09 where a revision of city ordinances has occ

N.D.A.G. Letter to Wolf (Nov. 15, 1985) November 15, 1985 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 November 1, 1985, questioning the county's obligation to pay the legal fees of an elected official who engages private legal counsel in his defense against removal proceedings brought pursuant to N.D.C.C. Ch. 44-11. A similar question occurred earlier this year. Enclosed you will find a copy of the letter we sent to the Morton County state's attorney concerning the obligation of the county, through the

N.D.A.G. Letter to Alexander (Nov. 14, 1985) November 14, 1985 Mr. Robert E. Alexander Beulah City Attorney Hagen, Quast & Alexander P.O. Box 249 Beulah, ND 58523 Dear Mr. Alexander: Thank you for your letter of October 2, 1985, as to whether a particular document concerning possible criminal activity may be subject to public disclosure pursuant to North Dakota's open records law. According to your letter, your question involves the eligibility for public disclosure of a statement by a victim of alleged criminal activity where the state's attorney has reviewed the incident and declined

N.D.A.G. Letter to Toma c (Nov. 12, 1985) November 12, 1985 Chairman Credit Review Board State Capitol Bismarck, ND 58505 Dear Mr. Tomac: Thank you for your letter of September 27, 1985, in which you request an opinion in regard to the divestiture of foreclosed farmland. I apologize for the delay in responding. I am assuming your request is really in two parts. First, you ask for the length of time a corporate lender whose acquisition of farmland would otherwise violate N.D.C.C. Ch. 10-06 has to divest that farmland pursuant to N.D.C.C. Ch. 10-06. Second, you ask whether or not corpo

N.D.A.G. Letter to Shockman (Nov. 12, 1985) November 12, 1985 Honorable Kelly Shockman State Representative Route 3, Box 80 LaMoure, North Dakota 58458 Dear Representative Shockman: I am responding to your letter received back in May of 1985 concerning three statutes of the North Dakota Century Code. I offer my apologies for the long and unreasonable delay in responding to you on this matter. I was not even aware that your letter had been received until today. When I heard about the letter (and delay), this response was immediately drafted. Your letter essentially asks questions concer

N.D.A.G. Letter to Marion (Nov. 12, 1985) November 12, 1985 Mr. James L. Marion Chief Parole Officer North Dakota Department of Parole and Probation P. O. Box 5521 Bismarck, North Dakota 58502-5521 RE: N.D.C.C. §§ 12.1-32-02(1)(c)(1) and 12.1-32-02(2), (9) Dear Mr. Marion: Thank you for your letter of October 25, 1985. You have requested an interpretation of N.D.C.C. §§ 12.132-02(1)(c)(1) and 12.1-32-02(2) and (9), as to whether or not actual commitment of a sentenced defendant must occur prior to the reduction of a felony offense to a misdemeanor, and whether or

N.D.A.G. Letter to Elhard (Nov. 12, 1985) November 12, 1985 Mr. Terry Elhard McIntosh County State's Attorney Ashley, ND 58413 Dear Mr. Elhard: Thank you for your letter of October 25, 1985, requesting an opinion on circumstances involving a dispute between McIntosh board of county commissioners and the McIntosh county sheriff as to the vehicle apparently supplied to the sheriff for official business. From a reading of your letter, it appears that the sheriff uses a patrol car owned by the county to travel to and from work each day. The commissioners desire to charge the sheriff for such

N.D.A.G. Letter to Kinsey (Nov. 5, 1985) November 5, 1985 Mr. Robert W. Kinsey Divide County State's Attorney 110 North Main Street Crosby, ND 58730 Dear Bob: Thank you for your letter of September 24, 1985, regarding the mill levy limitation for a county library board. Your letter stated that in 1946 the voters of Divide County authorized a mill levy for a county library board. Since that voter authorization, the legislature has increased the mill levy limitation for a county library board from two to four mills. You wish to know whether the county may now levy a maximum of four mills

N.D.A.G. Letter to Ingstad (Nov. 5, 1985) November 5, 1985 Honorable Jack W. Ingstad State Senator District 17 & 18 2501 DeMers Avenue P.O. Box 5068 Grand Forks, ND 58206-5068 Dear Senator Ingstad: Thank you for your letter of October 11, 1985, submitting to this office five questions for clarification. The five questions you have posed deal with special assessments as part of an agreement between the city and the highway department or the county for street, sewer, or water main improvements. Before responding to your specific questions, I believe it would be helpful to review North

Office of the Attorney General State of North Dakota Opinion No. 85-42 Date Issued: November 4, 1985 Requested by: Pat S. Fricke Executive Director Housing Finance Agency --QUESTIONS PRESENTED-- I. Whether the Housing Finance Agency may foreclose by advertisement a mortgage purchased by it prior to July 1, 1983. II. Whether N.D.C.C. §§ 32-19.1-04, 32-19.1-04.1, and 35-22-20, as amended by 1985 N.D. Sess. Laws 376, are applicable to the foreclosure by advertisement of a mortgage given to the Housing Finance Agency prior to Ma

Office of the Attorney General State of North Dakota Opinion No. 85-41 Date Issued: November 1, 1985 Requested by: Lee A. Christofferson Rolette County State's Attorney --QUESTIONS PRESENTED-- I. Whether a county register of deeds may refuse to file a Declaration of Land Patent document. II. Whether the Declaration of Land Patent enclosed with your inquiry is a valid document and, if so, the effect of such document on other parties holding interest to the real property (e.g. mortgagee, lienholder). --ATTORNEY GEN

N.D.A.G. Letter to Deisz (Oct. 28, 1985) October 28, 1985 Mr. Micheal V. Deisz Executive Director Job Service North Dakota 1000 East Divide Ave. P.O. Box 1537 Bismarck, ND 58502 Dear Mr. Deisz: Thank you for your letter of October 15, 1985, concerning the definitions of a "permanent employee" for purposes of the state health insurance plan as well as the state retirement plan. I have reviewed the letter written by a member of this office in 1982 concerning these various definitions. The definitions quoted under N.D.C.C. §§ 54-52.1-01(4) and 54-52-01(9) have changed

N.D.A.G. Letter to Wheelihan (Oct. 22, 1985) October 22, 1985 Mr. David M. Wheelihan Diemert & Wheelihan, P.C. Attorneys for City of Ellendale P. O. Box 39 Ellendale, ND 58436-0039 Dear Mr. Wheelihan: Thank you for your letter dated September 23, 1985, in which you requested an attorney general's opinion as to whether the North Dakota Century Code provides statutory authority to enable a municipality to own its own cable television system. In 1984, Congress enacted the Cable Communications Policy Act of 1984. In the area of regulations as to cable television systems, this federal Act

N.D.A.G. Letter to Dahlgren (Oct. 22, 1985) October 22, 1985 Mr. Albert Dahlgren Secretary-Treasurer North Dakota Board of Massage 508 21st Ave. So. Fargo, ND 58103 Dear Mr. Dahlgren: Thank you for your letter dated, September 9, 1985, regarding the following two questions: (1) whether the North Dakota Board of Massage may grant licenses to individuals who trained in Europe; and (2) whether a six-month residency requirement may be waived for individual applicants seeking to be licensed by the North Dakota Board of Massage. Your first question is whether the Nort

N.D.A.G. Letter to Sanstead (Oct. 18, 1985 ) October 18, 1985 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol Bismarck, North Dakota 58505 Dear Dr. Sanstead: Thank you for your letter of September 20, 1985, in which you asked this office to render an opinion regarding the last sentence of N.D.C.C. § 15-29-08(10). N.D.C.C. § 15-29-08(10) states as follows: 15-29-08. GENERAL POWERS AND DUTIES OF SCHOOL BOARD. The powers and duties of the school board of a public school district shall be as follows: * * * 10. To contract with, employ,

N.D.A.G. Letter to Eiken (Oct. 18, 1985) October 18, 1985 Mr. Doug Eiken, Director North Dakota Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, ND 58501 Dear Mr. Eiken: Thank you for your letter of October 11, 1985, concerning the bidding requirements of state law for a proposed boat ramp project at Icelandic State Park. N.D.C.C. §48-02-02 requires "plans, drawings, and specifications for the work, upon competitive bids" for "altering, repairing, or constructing any building belonging or appertaining to any of the

Office of the Attorney General State of North Dakota Opinion No. 85-40 Date Issued: October 18, 1985 Requested by: John A. Graham Executive Director Department of Human Services --QUESTION PRESENTED-- Whether 1985 N.D. Sess. Laws 134, § 1 confers authority upon the Bank of North Dakota and the North Dakota Department of Human Services to make available money out of loan fund number 3 to Share House, a treatment facility for chemically addicted adolescents. --ATTORNEY GENERAL'S OPINION-- It is my opinion that 1985 N.D. Sess.

N.D.A.G. Letter to Van De Streek (Oct. 17, 1985) October 17, 1985 Mr. Nevin Van de Streek Minot City Attorney P.O. Box 1697 Minot, ND 58701 Dear Mr. Van de Streek: Thank you for your letter of October 3, 1985, regarding the application of N.D.C.C. 25-16-14. N.D.C.C. 25-16-14(2) provides: 25-16-14. DEFINITIONS - GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS - ZONING. * * * 2. Notwithstanding the provisions of chapter 11-33, 40-47, or 58-03, or any other provisions authorizing any political subdivision to establish or enforce zoning regulations

N.D.A.G. Letter to Lundberg (Oct. 11, 1985) October 11, 1985 Ms. Jane M. Lundberg Commissioner Department of Banking and Financial Institutions State Capitol Bismarck, ND 58505 Dear Commissioner Lundberg: Thank you for your letter of October 1, 1985, concerning a conflict involving N.D.C.C. § 6-01-04.2 and Ch. 28-32, the Administrative Agencies Practice Act. Whenever a general provision of a statute is in conflict with a special provision in the same or another statute, the two must be construed, if possible, so that effect may be given to both provisions. But, if the conflict betwee

N.D.A.G. Letter to Hall (Oct. 11, 1985) October 11, 1985 Mr. Nicholas B. Hall Walsh County State's Attorney Walsh County Courthouse Grafton, North Dakota 58237 Dear Mr. Hall: Thank you for your letter of August 27, 1985. The question you have raised in your letter has required consultation with staff members of this office as well as other agency attorneys. You have inquired as to the responsibility of a state's attorney to pursue paternity actions in a matter initiated by an out-of-state request under the Uniform Reciprocal Enforcement of Support Act as found in N.D.C.C. Ch. 1412.1. Y

N.D.A.G. Letter to Hall (Oct. 11, 1985) October 11, 1985 Mr. Nicholas B. Hall Walsh County State's Attorney Walsh County Courthouse Grafton, North Dakota 58237 Dear Mr. Hall: Thank you for your letter of August 27, 1985. The question you have raised in your letter has required consultation with staff members of this office as well as other agency attorneys. You have inquired as to the responsibility of a state's attorney to pursue paternity actions in a matter initiated by an out-of-state request under the Uniform Reciprocal Enforcement of Support Act as found in N.D.C.C. Ch. 1412.1. Y

Office of the Attorney General State of North Dakota Opinion No. 85-39 Date Issued: October 11, 1985 Requested by: Robert G. Hoy Cass County State's Attorney --QUESTION PRESENTED-- Whether the specific automobile exemption of N.D.C.C. § 28-22- 03.1 precludes a debtor from claiming additional exemptions for automobiles pursuant to N.D.C.C. § 28-22-03. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the specific automobile exemption of N.D.C.C. § 28-22-03.1 does not preclude a debtor from claiming additional exempti

N.D.A.G. Letter to Martinson (Oct. 9, 1985) October 9, 1985 Honorable Robert W. Martinson District 49 P.O. Box 2296 Bismarck, ND 58502 Dear Bob: Thank you for your letter of August 23, 1985, requesting information on whether the North Dakota National Guard needs liquor licenses to operate the unit clubs. The North Dakota National Guard is a state agency. As a state agency, it is prohibited from engaging in the sale of alcohol. N.D. Const. Art. X, § 18, states, in part: The state, any county or city may make internal improvements and may engage in any industry, enterprise or business,

N.D.A.G. Letter to Haskell (Oct. 9, 1985) October 9, 1985 Mr. Bruce B. Haskell Assistant State's Attorney Morton County State's Attorney's Office P.O. Box 190 Mandan, ND 58554 Dear Bruce: Thank you for your letter of September 27, 1985, inquiring as to whether the North Dakota Sunday closing law allows a business to operate on a Sunday where that business does not fall within the list of businesses allowed to operate on a Sunday. The modification to the North Dakota Sunday closing law, 1985 N.D. Sess. Laws 183, leaves little doubt but that the Legislature intended to prohibit the cond

Office of the Attorney General State of North Dakota Opinion No. 85-37 Date Issued: October 9, 1985 Requested by; Peter H. Furuseth Assistant City Attorney Williston, North Dakota --QUESTION PRESENTED-- Whether a defendant's plea of guilty in municipal court waives the right of appeal to county court for a new trial. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a defendant's plea of guilty in municipal court waives the right of appeal to county court for a new trial unless proper procedure is followed for w

N.D.A.G. Letter to Unhjem (Oct. 8, 1985) October 8, 1985 Honorable Michael Unhjem State Representative District 48 P.O. Box 495 Jamestown, ND 58402 Dear Representative Unhjem: Thank you for your letter of September 24, 1985, requesting an opinion concerning House Bill 1390. This particular legislation is now found in N.D.C.C. Ch. 11-11.1 and concerns the creation of a county job development authority. N.D.C.C. §11-11.1-06 provides that counties who do not wish to establish a job development authority may levy a tax to be used to enter into a contract with an "i

Office of the Attorney General State of North Dakota Opinion No. 85-36 Date Issued: October 4, 1985 Requested by: Tom P. Slorby Ward County State's Attorney --QUESTION PRESENTED-- Whether a foreclosure judgment is to be docketed as a money judgment. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a foreclosure judgment should not be docketed as a money judgment. --ANALYSIS-- N.D.C.C. § 28-20-11 provides for entry of judgments. It states: 28-20-11. HOW JUDGMENT ENTERED--NOTICE WHEN CERTIFIED COPY RECORDED.--The judgm

N.D.A.G. Letter to Meier (Oct. 3, 1985) October 3, 1985 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 6, 1985, inquiring as to whether a religious organization is required to have a place of worship in this state in order to be exempt from the Charitable Organizations Soliciting Contributions Act of N.D.C.C. Ch. 50-22. Charitable organizations exempt from the charitable solicitation licensure law are set forth in N.D.C.C. §50-22-01 which provides as follows: 50-22-01. DEFINITIONS. As used in this ch

N.D.A.G. Letter to Holm (Oct. 3 , 1985) October 3, 1985 Mr. John O. Holm Attorney for the City of Gladstone 17 Second Avenue West Dickinson, ND 58601 Dear Mr. Holm: Thank you for your letter dated August 27, 1985, in which you requested an Attorney General's opinion concerning N.D.C.C. § 40-26-08. Specifically, you inquired whether the deficiency levy provisions for special assessments in N.D.C.C. §40-26-08 are limited to a "particular year . . . within an ongoing amortization bond schedule," or whether they "apply when an entire special assessment becomes due to a default and an inab

N.D.A.G. Letter to Hagerty (Oct. 3, 1985) October 3, 1985 Ms. Gail Hagerty Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Hagerty: Thank you for your letter dated September 4, 1985, in which you requested a review of the response which you made to Burleigh County Commission Chairman Robert Kniefel regarding whether Burleigh County is in compliance with N.D.C.C. §11-15-07(21) as to payments to the sheriff for boarding prisoners. I have reviewed your response and have examined the relevant statutory provisions. N.D.C.C. §11-15-07, provides, in releva

N.D.A.G. Letter to Fahy (Oct. 3, 1985) October 3, 1985 Mr. Vern Fahy State Engineer North Dakota State Water Commission 900 East Boulevard Bismarck, ND 58505-0187 Dear Mr. Fahy: Thank you for your letter of September 23, 1985, wherein you set forth your interpretation of N.D.C.C. §61-24.3-03.1 in connection with awarding contracts for the Southwest Pipeline Project. N.D.C.C. §61-24.3-03.1 provides, in pertinent part, as follows: 61-24.3-03.1. PREFERENCE FOR RESIDENT PIPELINE MANUFACTURERS AND BIDDERS FOR LABOR AND SERVICES. Any contracts for the purchase of pipeline materials

Office of the Attorney General State of North Dakota Opinion No. 85-35 Date Issued: October 3, 1985 Requested by: Kent Conrad North Dakota Tax Commissioner --QUESTIONS PRESENTED-- Whether the sales tax of one percent imposed by the City of Grand Forks must be based upon the gross receipts from all sales regardless of the amount of tax collected by a retailer from a consumer under a bracket system adopted by the City. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the sales tax of one percent impos

N.D.A.G. Letter to Sanstead (Oct. 1, 1985) October 1, 1985 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your letter of September 5, 1985, regarding the reprinting of the Department of Public Instruction's Handbook of Literature for the Elementary Schools of North Dakota . According to your letter, the Handbook of Literature is a compilation of children's literature and it may contain copyrighted material. The question that has arisen is whether the doctrine of

N.D.A.G. Letter to Rohrich (Sep. 30, 1985) September 30, 1985 Mr. F. C. Rohrich Emmons County State's Attorney P. O. Box 657 Linton, North Dakota 58552 Dear Mr. Rohrich: Thank you for your letter of September 4, 1985, wherein you inquired whether the county commissioners could utilize the 1974 Linton Hospital Mill Levy to finance the recent roof repairs of the hospital. N.D.C.C. §23-18-04 provides as follows: 23-18-04. PROCEEDS OF TAX PLACED IN SPECIAL FUND --USE. The proceeds of the tax provided for by this chapter shall be placed in a separate fund by the county treasurer and shall

N.D.A.G. Letter to Eiken (Sep. 30, 1985) September 30, 1985 Mr. Douglas K. Eiken, Director North Dakota Parks and Recreation Department 1424 West Century Avenue Suite 202 Bismarck, North Dakota 58501 Dear Mr. Eiken: I apologize for the delay in responding to your letter dated August 1, 1985, in which you requested an Attorney General's opinion on the following three questions: first, whether the Parks and Recreation Department may accept a donation of land from the Nature Conservancy; second, whether the Parks and Recreation Department may begin to develop access facilities at the site