North Dakota AG Opinions, 1986

Office of the Attorney General State of North Dakota Opinion No. 86-35 Date Issued: December 24, 1986 Requested by: Honorable John T. Schneider State Representive --QUESTION PRESENTED-- Whether a person convicted of a felony prior to the effective date of N.D.C.C. § 62.1-02-01 is thereafter subject to the prohibitions of that statute pertaining to the possession of firearms. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a person convicted of a felony prior to the effective date of N.D.C.C. § 62.1-0

N.D.A.G. Letter to McIntee (Dec. 24, 1986) December 23, 1986 Mr. Michael S. McIntee McHenry County State's Attorney P. O. Box 246 Towner, North Dakota 58788 Dear Mr. McIntee: Thank you for your letter of December 8, 1986, posing three questions to us for responses. Your first question concerns a possible conflict of interest existing within your board of county commissioners. According to your letter, a current commissioner is active in highway road contracts. You indicate that possible conflicts of interest may occur where the county involves itself in its

N.D.A.G. Letter to Myers (Dec. 18, 1986) December 18, 1986 Mr. Earle R. Myers, Jr. Richland County State's Attorney Law Enforcement Center Wahpeton, ND 58075 Dear Mr. Myers: Thank you for your letter of November 17, 1986, regarding the statutory provisions governing school election procedures. I understand the confusion which occurs in at- tempting to determine which election laws apply to school elections. Generally speaking, those election laws found in N.D.C.C. Title 16.1 apply to school elections except as otherwise provided for in N.D.C.C. Title 15 or Chs. 21-03 and 40-21. The pro

N.D.A.G. Letter to Schindler (Dec. 16, 1986) December 16, 1986 Honorable Orville Schindler State Representative District 31 McClusky, ND 58463 Dear Representative Schindler: Thank you for your recent letter posing three questions to this office concerning the North Dakota habitat restoration stamp program. Your first question is why the current balance within the habitat restoration fund has not been spent and what happens to any balance remaining in the fund at the end of the biennium. According to the information supplied by the North Dakota Game and Fish Department, there is an appr

N.D.A.G. Letter to Marion (Dec. 16, 1986) December 16, 1986 Mr. James L. Marion Chief Parole Officer North Dakota Department of Parole and Probation P.O. Box 5521 Bismarck ND 58502-5521 Dear Mr. Marion: Thank you for your letter dated December 4, 1986. You have inquired as to the effect which the Firearms Owners Protection Act will have upon N.D.C.C. Ch. 62.1-02 with relation to the persons you and your agents supervise. The Firearms Owners Protection Act, which became effective on November 15, 1986, substantially changed the federal law which prohibits convicted felons from receivin

N.D.A.G. Letter to Brovold (Dec. 16, 1986) December 16, 1986 Mr. Jay Brovold Billings County State's Attorney P.O. Box 187 Medora, ND 58645 Dear Mr. Brovold: Thank you for your letter of December 3, 1986, requesting our opinion on two questions. The first question involves a proposed purchase of real estate by Billings County of land located outside of Billings County. After the land is purchased, the land would then be sold on a contract for deed to the Southwest District Health Unit of which Billings County is a member. We are unable to locate any authority for a county to purchase

N.D.A.G. Letter to Ficek (Dec. 12, 1986) December 12, 1986 Mr. Vince H. Ficek Dickinson City Attorney P. O. Box 866 Dickinson, ND 58601-0866 Dear Vince: Thank you very much for your letter of December 5, 1986, requesting my interpretation of N.D.C.C. § 5-02-05, regarding the closing time of liquor establishments on holidays. N.D.C.C. §5-02-05 forbids licensed retail establishments from dispensing or permitting consumption of alcoholic beverages on certain holidays. Each of those holidays begins at 12:01 a.m. Therefore, in order to comply with the law, a licensed liquor establishment mu

N.D.A.G. Letter to Patrie (Dec. 10, 1986) December 10, 1986 Mr. William S. Patrie Director North Dakota Economic Development Commission Liberty Memorial Building Bismarck, ND 58505 Dear Mr. Patrie: Thank you for your letter of October 21, 1986, inquiring as to the impact of the North Dakota open records law upon university research projects performed for private compa- nies. Specifically, your inquiry is whether research information gathered pursuant to a contract between a university research center and a private company may be subject to public disclosure pursuant to North Dakota's o

N.D.A.G. Letter to Gregg (Dec. 9, 1986) December 9, 1986 Mr. John R. Gregg Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear John: Thank you very much for your letter of October 30, 1986, concerning the relationship of N.D.C.C. § 5-01-07 to the issuance of a retail liquor license by the county commissioners. In addition to that letter, a follow-up telephone call redefined the questions asked and the information requested. We have reviewed our opinion file and the state alcoholic beverage statutes and can find no state law which prohibits the consumption of alcoholi

N.D.A.G. Letter to Kubik (Dec. 5, 1986) December 5, 1986 Mr. Joseph H. Kubik Dunn County State's Attorney 26 East Third Street P.O. Box 643 Dickinson, ND 58602-643 Dear Mr. Kubik: Thank you for your letter of November 26, 1986, inquiring as to which authority is able to employ and dismiss a deputy clerk of court. You mention that your county has a population of less than 25,000. As such, the clerk of the district court is also the clerk of the county court by operation of law. N.D.C.C. §27-07.1-09. We further assume that the clerk of the district court has appointed someone as deputy c

N.D.A.G. Letter to Conrad (Dec. 1, 1986) December 1, 1986 Honorable Kent Conrad Tax Commissioner State Capitol Bismarck, ND 58501 Dear Commissioner Conrad: Thank you for your letter of November 24, 1986, questioning the ability of the Tax Commissioner to require producers and purchasers of oil and gas, and royalty owners to furnish additional information deemed necessary for the purpose of correctly computing the amount of the oil and gas gross production tax. Apparently, during the past year, producers and purchasers have refused to provide certain information requested by the Tax Comm

N.D.A.G. Letter to Larson (Nov. 20, 1986) November 20, 1986 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your letter of November 10, 1986, requesting our review of a particular fact situation and the possible applicability of N.D.C.C. § 16.1-10-04. According to your letter, this particular factual situation involves a political party telephone volunteer and the oral statements made by the volunteer to a voter that the voter must vote for two candidates and both must be of the same political party in order for the vo

N.D.A.G. Letter to Sperry (Nov. 7, 1986) November 7, 1986 Mr. James E. Sperry Superintendent State Historical Society of North Dakota North Dakota Heritage Center Bismarck, ND 58505 Dear Mr. Sperry: Thank you for your letter of September 26, 1986, in which you ask several questions regarding the 1883 Stutsman County Courthouse. On November 25, 1985, the State Historical Board received a quitclaim deed from Stutsman County. That deed purported to transfer the interest of Stutsman County in the 1883 Courthouse to the State Historical Board of the State Historical S

N.D.A.G. Letter to Larson (Nov. 3, 1986) November 3, 1986 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, ND 58045 Dear Mr. Larson: Thank you for your opinion request regarding whether the practice of reflexology by a person not licensed as massage therapist constitutes a violation of N.D.C.C. Ch. 43-25. I apologize for the delay in responding to you. Enclosed is a research memorandum on your opinion request which was prepared by a member of my staff. Although it appears that the practice of reflexology may constitute body massage pursuant to N.D.C.C. Ch. 43

N.D.A.G. Letter to McIntee (Oct. 29, 1986) October 29, 1986 Mr. Michael S. McIntee McHenry County State's Attorney P. O. Box 246 Towner, ND 58788-0246 Dear Mr. McIntee: Thank you for your letter of September 29, 1986, regarding the application for an absent voter's ballot sent to you by the Republican National Committee. N.D.C.C. Ch. 16.1-07 governs absentee voting and provides in pertinent part as follows: 16.1-07-01. ABSENT VOTER -- WHO MAY VOTE. 1. Any qualified elector of this state who, at any general, special, or primary state election, at any county election, or at any city

N.D.A.G. Letter to Hanson (Oct. 29, 1986) October 29, 1986 Honorable Robert Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Bob: Thank you for your letter of October 1, 1986, requesting information on the legality of consumer samplings of alcoholic beverages and your follow-up telephone call in which you requested information on whether retail establishments could buy alcoholic beverages from other retail establishments. In response to your telephonic question of whether retail establishments may purchase alcoholic beverages from other retail businesses, I am forwarding to

Office of the Attorney General State of North Dakota Opinion No. 86-34 Date Issued: October 29, 1986 Requested by: Kent Reierson Williams County State's Attorney --QUESTION PRESENTED-- Whether the court in a criminal proceeding against a person for abuse of a child is required by N.D.C.C. § 50-25.1-08 to appoint a guardian ad litem for the child. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the court in a criminal proceeding against a person for abuse of a child is not required by N.D.C.C. § 50-25.1- 08 to appoint a

N.D.A.G. Letter to Slorby (Oct. 28, 1986) October 28, 1986 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, North Dakota 58701 Dear Mr. Slorby: Thank you for your letter of October 10, 1986, inquiring whether a county must pay for the professional license fees of its full-time county employees when such license fees are required in order for them to perform their duties. Among the categories of persons who may have such professional license fees are attorneys, professional engineers, social workers, and nurses. Our review of the North Dakota Century Code has

N.D.A.G. Letter to Harmeson (Oct. 28, 1986) October 28, 1986 Mr. Phil Harmeson Associate Director Bureau of Governmental Affairs Box 7167 University of North Dakota Grand Forks, ND 58502 Dear Mr. Harmeson: Thank you for your letter of October 22, 1986, asking whether the Bureau of Governmental Affairs at the University of North Dakota would be an eligible recipient of gaming funds for the bicentennial celebration of the United States Constitution. The Attorney General's office would consider this particular use of gaming funds as a patriotic celebration whic

Office of the Attorney General State of North Dakota Opinion No. 86-33 Date Issued: October 24, 1986 Requested by: North Dakota Workmen's Compensation Bureau --QUESTIONS PRESENTED-- I. Whether the Workmen's Compensation Bureau is required by statute or otherwise to answer interrogatories submitted by a claimant's counsel. II. Whether the Workmen's Compensation Bureau is required to pay counsel for a claimant's attorney's fees in connection with the drafting and submission of interrogatories to be answered by the Bureau. --

N.D.A.G. Letter to Wild (Oct. 20, 1986) October 20, 1986 Mr. Steven J. Wild Bowman County State's Attorney P.O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter of September 29, 1986, posing two questions concerning dissolved townships. Your first question is whether the tax revenues of a dissolved township are attributed to the township which now encompasses the territory formerly found within the dissolved township. The appropriate statute is N.D.C.C. § 58-02-30 which states, in relevant part, as follows: 58-02-30. TOWNSHIP ATTACHED TO OTHER ASSESSMENT DI

N.D.A.G. Letter to Meier (Oct. 20, 1986) October 20, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of October 7, 1986, concerning a request made to the Emergency Commission by the Board of Higher Education. As I understand the request, the Board of Higher Education wishes to utilize moneys previously appropriated to the Williston Experiment Station (1985 N.D. Sess. Laws 41, § 4) for the purchase of a specified tract of land other than that specified within the appropriation bill.

N.D.A.G. Letter to Eiken (Oct. 17, 1986) October 17, 1986 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 September 26, 1986, concerning special assessments and state agencies. N.D.C.C. § 40-23-22 states as follows: 40-23-22. STATE PROPERTY SUBJECT TO SPECIAL ASSESSMENTS. Real estate within municipalities of this state owned by the state of North Dakota other than for highway right-of-way purposes, may be subjected to special

Office of the Attorney General State of North Dakota Opinion No. 86-32 Date Issued: October 17, 1986 Requested by: Charles Whitman Assistant Burleigh County State's Attorney --QUESTION PRESENTED-- Whether a real estate mortgage held by the Bank of North Dakota is superior to a tax deed acquired by a county if the Bank of North Dakota perfected the mortgage before the effective date of the tax lien. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a real estate mortgage held by the Bank of North Dakota is superior

N.D.A.G. Letter to White Eagle (Oct. 16, 1986) October 16, 1986 Ms. Maureen White Eagle Devils Lake City Attorney P. O. Box 1048 Devils Lake, North Dakota 58301 Dear Ms. White Eagle: Thank you for your letter of October 3, 1986, concerning the city administrator form of government within the city of Devils Lake. In your letter, you essentially question whether Devils Lake has managed to adopt a city manager form of government without following the requirements of N.D.C.C. Ch. 40-10. If Devils Lake's city administrator form of government is essentially a city manager form of government a

Office of the Attorney General State of North Dakota Opinion No. 86-31 Date Issued: October 16, 1986 Requested by: Senator Jens J. Tennefos District 46 --QUESTIONS PRESENTED-- I. Whether the proposed amendment to N.D. Const. Art. XI, § 25, if enacted, will become effective without legislative action implementing the proposed constitutional provisions. II. Whether the Legislature may be mandated to enact legislation implementing the proposed amendments to N.D. Const. Art. XI, § 25, if enacted. --ATTORNEY GENERAL'S OPINION-- I. It is

N.D.A.G. Letter to DuBois (Oct. 15, 1986) October 15, 1986 Mr. Lawrence D. DuBois Attorney at Law P.O. Box 633 Cavalier, ND 58220 RE: County Deputies Uniforms Dear Mr. DuBois: Thank you for your letter dated October 7, 1986. In January, 1985, I authorized sheriffs and full-time deputy sheriffs to wear uniforms consisting of silver-tan, light brown, or white shirts and dark brown trousers. In addition, the gray uniforms worn prior to this date could continue to be worn until replacement was necessary. These standards were set pursuant to N.D.C.C. §11-15-30 which a

N.D.A.G. Letter to Meier (Oct. 13, 1986) MEMORANDUM TO: Secretary of State Ben Meier FROM: Nicholas J. Spaeth, Attorney General RE: Disclaimers Upon Political Advertisements DATE: October 13, 1986 For many years, North Dakota law required political disclaimers to appear on all political advertisements regardless of the form in which the advertisement appeared or the thrust of the statements contained within the advertisement. In 1978, our North Dakota Supreme Court struck down this particular statute as a violation of the constitutionally guaranteed freedom of speech. State of

October 9, 1986 Honorable Robert W. Peterson State Auditor Office of the State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter of September 23, 1986, in which you seek my advice concerning four questions. First, may political subdivisions legally invest in money market mutual funds? Second, what requirements should the state's audit staff use to determine if investments are legal for political subdivisions? Third, are there legal requirements governing political subdivisions in retaining investment agents for purchasing their inv

N.D.A.G. Letter to Graham (Oct. 9, 1986) October 9, 1986 Mr. John A. Graham Executive Director North Dakota Department of Human Services State Capitol Bismarck, ND 58505 Dear Mr. Graham: Thank you for your letter of August 19, 1986, in which you ask whether a group home owned by a nonprofit organization and leased to another nonprofit organization is eligible for an exemption from property taxation under N.D.C.C. §57-02-08(31). N.D.C.C. §57-02-08(31) provides, in part, as follows: 57-02-08. PROPERTY EXEMPT FROM TAXATION. All property described in this section to the extent herein lim

Office of the Attorney General State of North Dakota Opinion No. 86-30 Date Issued: October 9, 1986 Requested by: Karlene Fine Secretary to the North Dakota Industrial Commission --QUESTION PRESENTED-- Whether N.D.C.C. § 38-08.1-03.1 authorizes t he North Dakota Industrial Commission to accept cash in lieu of a bond issued by a surety company to guarantee against loss of payments for damages as a result of geophysical operations within the state. --ATTORNEY GENERAL'S OPINION-- It is my opinion that N.D.C.C. § 38-08.1

Office of the Attorney General State of North Dakota Opinion No. 86-29 Date Issued: October 9, 1986 Requested by: Tom P. Slorby Ward County State's Attorney --QUESTION PRESENTED-- Whether a district board of health possesses exclusive authority in establishing the salaries of its employees where such salaries are within the limitations of the district's budget as approved by the board of county commissioners. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a district board of health possesses exclusive authority in esta

N.D.A.G. Letter to Graham (Oct. 9, 1986) October 9, 1986 Mr. John A. Graham Executive Director North Dakota Department of Human Services State Capitol Bismarck, ND 58505 Dear Mr. Graham: Thank you for your letter of August 19, 1986, in which you ask whether a group home owned by a nonprofit organization and leased to another nonprofit organization is eligible for an exemption from property taxation under N.D.C.C. §57-02-08(31). N.D.C.C. §57-02-08(31) provides, in part, as follows: 57-02-08. PROPERTY EXEMPT FROM TAXATION. All property described in this section to the extent herein lim

N.D.A.G. Letter to Meier (Oct. 8, 1986) October 8, 1986 The Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 18, 1986, regarding whether a domestic business corporation may be merged into a domestic professional corporation. Business and professional corporations are governed by the provisions of N.D.C.C. Chs. 10-19.1 and 10-31, respectively. These provisions of law provide, in pertinent part, as follows: 10-19.1-96. MERGER -- EXCHANGE -- TRANSFER. 1. Any two or more corporations may merge , resulti

N.D.A.G. Letter to Hagerty (Oct. 8, 1986) October 8, 1986 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Hagerty: Thank you for your letter of September 5, 1986, in which you ask for my interpretation of the Retail Installment Sales Act as it relates to a stated set of facts. The plan as described in the accompanying letter from Marilyn Foss provides that a closely held corporation will finance the purchase of property and casualty insurance policies by business and commercial entities in North

N.D.A.G. Letter to Satrom (Oct. 2, 1986) October 2, 1986 Ms. Katherine Satrom Chairman Workmen's Compensation Bureau Russel Building 4007 North State Street Bismarck, ND 58501 Dear Ms. Satrom: Thank you for your letter of August 28, 1986, and the supplemental memorandum of September 2, 1986, concerning securities lending by Northern Trust of Chicago, the custodian of the Workmen's Compensation Bureau's assets. Specifically, you inquired whether Section 3 of the proposed agreement between the State Investment Board and Northern Trust is lawful. Section 3 of the proposed agreement indi

N.D.A.G. Letter to Wild (Oct. 1, 1986) October 1, 1986 Mr. Steven J. Wild Bowman County State's Attorney P.O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter of September 16, 1986, inquiring as to whether a nonresident attorney may be appointed by the county commission to fill a vacancy in the state's attorney's office or must the appointment come from the Attorney General's office. In 1981 N.D. Op. Att'y Gen. 17 (Attorney General's Opinion 81-7), this office concluded that a board of county commissioners may not appoint an attorney who is not a qualified elector of

N.D.A.G. Letter to Solberg (Oct. 1, 1986) October 1, 1986 Mr. Wayne O. Solberg Office of City Attorney P.O. Box 1897 Fargo, ND 58109 Dear Mr. Solberg: Thank you for your letter of September 17, 1986, requesting an opinion concerning the removal of appointive officers in cities operating under the commission system of government. Your first question pertains to the method by which charges are to be filed against any officer of a commission city. Although your question does not specifically inquire as to who may file such charges, the conversation between you and a

N.D.A.G. Letter to Meier (Sep. 26, 1986) September 26, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 4, 1986, regarding whether charitable organizations which sell food products to raise funds are exempted from the Charitable Organization's Soliciting Contributions Act of N.D.C.C. Ch. 50-22. The pertinent provisions of N.D.C.C. Ch. 50-22 are as follows: 50-22-01. DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Charitable organization"

N.D.A.G. Letter to McIntee (Sep. 26, 1986) September 26, 1986 Mr. Michael S. McIntee McHenry County State's Attorney McHenry County Courthouse P.O. Box 246 Towner, ND 58788 Dear Mr. McIntee: Thank you for your letter of September 3, 1986, concerning the recording of a UCC Financing Statement by a local power company in your county. Your question is whether N.D.C.C. §41-09-42(7) allows a register of deeds to both file and record a financing statement for one fee. In my opinion, N.D.C.C. §41-09-42(7) does not allow a register of deeds to both file and record a financing statement for on

N.D.A.G. Letter to Johnson (Sep. 26, 1986) September 26, 1986 Mr. Dennis Edward Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter dated August 12, 1986. You have inquired as to whether or not a court can properly assess post-conviction incarceration expenses as costs in a criminal case pursuant to N.D.C.C. § 11-15-07. That section provides for various fees which may be charged by the sheriff, including prisoner meals. N.D.C.C. § 12.1-32-02(1)(a) authorizes a court to assess, as part of a sentence, the reasonable

N.D.A.G. Letter to Hope (Sep. 25, 1986) September 25, 1986 Mr. James Hope Assistant State's Attorney Stark County State's Attorney's Office P.O. Box 130 Dickinson, ND 58601 Dear Mr. Hope: Thank you for your letter of September 18, 1986, requesting our assistance in determining the appropriate fee for filing a satisfaction of two previously separately recorded mortgages. North Dakota law, as found at N.D.C.C. §11-18-05, provides for the determination of fees charged by the register of deeds. That statute, in relevant part, states as follows: 11-18-05. FEES OF REG

N.D.A.G. Letter to Hope (Sep. 25, 1986) September 25, 1986 Mr. James Hope Assistant State's Attorney Stark County State's Attorney's Office P.O. Box 130 Dickinson, ND 58601 Dear Mr. Hope: Thank you for your letter of September 18, 1986, requesting our assistance in determining the appropriate fee for filing a satisfaction of two previously separately recorded mortgages. North Dakota law, as found at N.D.C.C. §11-18-05, provides for the determination of fees charged by the register of deeds. That statute, in relevant part, states as follows: 11-18-05. FEES OF REG

N.D.A.G. Letter to Winkelman (Sep. 24, 1986) September 24, 1986 Honorable Brent Winkelman House of Representatives 633 North 35 Street Bismarck, ND 58501 Dear Mr. Winkelman: Thank you for your letter of August 29, 1986, providing me with your observations regarding the Game and Fish Habitat Restoration Stamp program. You also asked two questions concerning funds received from the sale of habitat stamps. Your first question is whether the revenue received from the sale of print and collectible stamps must be placed in the habitat restoration fund provided for in

N.D.A.G. Letter to Tollefson (Sep. 24, 1986) September 24, 1986 Mr. Douglas Tollefson Director Noxious Weed Division Department of Agriculture State Capitol Bismarck, ND 58505 Dear Mr. Tollefson: Thank you for your letter of September 15, 1986, concerning county commissioner authority in noxious weed control. N.D.C.C. §11-11-14 specifies the powers of the board of county commissioners. N.D.C.C. §11-11-14(2) gives the board of county commissioners the authority to make all orders respecting property of the county. However, N.D.C.C. Ch. 63-01.1 is the particular st

N.D.A.G. Letter to Maixner (Sep. 24, 1986) September 24, 1986 Honorable Rick Maixner North Dakota State Senator District 39 Route 3, Box 81 New England, ND 58647 Dear Senator Maixner: Thank you for your letter requesting my opinion on certain issues with regard to Measure No. 1, passed by the voters of North Dakota on June 10, 1986. First, I want to apologize for the delay in responding to your inquiry. The reason for the delay was that many of the questions you posed concern matters which I believe can only be addressed by officials with the office of Surface Mini

N.D.A.G. Letter to Elkin (Sep. 24, 1986) September 24, 1986 Ms. Janet A. Elkin Secretary Public Service Commission State Capitol Bismarck, ND 58505 Dear Ms. Elkin: Thank you for your letter of September 3, 1986, inquiring on behalf of the Public Service Commission whether a conditional sales agreement as proposed by Burlington Northern Railroad for the disposition of its Mott branch line complies with N.D.C.C. § 49-09-04.1. Your letter also inquires as to what must occur for compliance should the proposed conditional sales agreement not be in compliance with existing state law. North