North Dakota AG Opinions, 1988

ATTORNEY GENERAL'S OPINION 88-28 December 30, 1988 Page 1 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-28 Dated issued: December 30, 1988 Requested by: Representative Gordon Berg - QUESTION PRESENTED - Whether the United States Fish and Wildlife Service, in advancing the purposes of its waterfowl production areas, must comply with state law when seeking to close a section line, a public road that is not on a section line, or an "established trail." - ATTORN

N.D.A.G. Letter to Marion (Dec. 27, 1988) December 27, 1988 Mr. James L. Marion Clerk, ND Board of Pardons P.O. Box 5521 Bismarck, ND 58502-5521 Dear Mr. Marion: Thank you for your December 12, 1988, letter inquiring whether N.D.C.C. § 12-48.1-02 authorizes the Parole Board to allow an inmate to participate in a work and/or education release program if that inmate was sentenced under N.D.C.C. §§ 12.1-32-01(1) or 12.1-32-02.1. N.D.C.C. 12.1-32-01(1) provides: Notwithstanding the provisions of section 12-59-05, a person found guilty of a class AA felony shall not be

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-27 Date Issued: December 19, 1988 Requested by: Senator Jerry Waldera - QUESTION PRESENTED - Whether the transportation of saltwater produced by oil and gas wells is exempt from the Public Service Commission's authority under N.D.C.C. ch. 49- 18. - ATTORNEY GENERAL'S OPINION - It is my opinion that saltwater produced by oil and gas wells is not exempt from the Public Service Commission's authority under N.D.C.C. ch.

N.D.A.G. Letter to Lange (Dec. 15, 1988) December 15, 1988 Mr. Gregory L. Lange Attorney at Law P.O. Box 488 Hazen, ND 58545 RE: SWC Project #1404 Dear Mr. Lange: Thank you for your December 5, 1988, letter inquiring on behalf of the Mercer County Water Resource District as to whether the water resource district may cost share in a project sponsored by the Hazen Community Development program. The money, according to the November 2, 1988, letter from Harvey Huber of the Hazen Community Development Program, would be spent for "seed, fertilizer and chemical." There is no statutory author

N.D.A.G. Letter to Erickson (Dec. 14, 1988) December 14, 1988 Mr. Ralph Erickson Assistant City Attorney Ohnstad, Twichell Law Firm West Fargo State Bank Bldg. 901 13th Avenue East P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Erickson: Thank you for your letter of November 28, 1988, concerning the authority of non-home rule cities to enact ordinances relating to noncriminal traffic offenses and matters not otherwise addressed by state statute. A member of my staff has contacted you for the purpose of clarifying your inquiry. Your first inquiry concerns municipal ordinances relati

N.D.A.G. Letter to Preszler (Dec. 12, 1988) December 12, 1988 Commissioner Gary Preszler Department of Banking and Financial Institutions State Capitol Bismarck, ND 58505 Dear Commissioner Preszler: Thank you for your letter dated November 2, 1988, regarding the corporate farming law. In your letter you ask whether, under the facts recited in your letter, the Union Bank of Halliday may retain mineral interests it acquired after July 1, 1985. These interests were acquired by deeds given in lieu of foreclosure of mortgages entered into on February 3, 1983. The real property which was th

N.D.A.G. Letter to Harvey (Dec. 13, 1988) December 13, 1988 Sheriff Bob Harvey Administrator Burleigh County Jail P.O. Box 1416 Bismarck, ND 58502 Dear Sheriff Harvey: Thank you for your November 23, 1988, letter concerning N.D. Admin. Code § 10-05-06-09 and its requirement of health appraisals of inmates detained in grade one or grade two jails. The health appraisal required by N.D. Admin. Code § 10-05-06-09 must be given by a licensed physician or registered nurse within 14 days of admission. According to the rule, the nature and extent of the appra

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-26 Date issued: December 13, 1988 Requested by: James E. Sperry, Superintendent - QUESTIONS PRESENTED - I. Whether state law recognizes ownership interests in prehistoric skeletal remains. II. Whether it is necessary to determine ownership of skeletal remains in the State Historical Society collection before the State Historical Board may authorize reburial of the skeletal remains. III. Whether knowledge of provenience (time and s

N.D.A.G. Letter to Fine (Dec. 12, 1988) December 12, 1988 Ms. Karlene Fine Secretary Industrial Commission State Capitol Bismarck, ND 58505 Dear Ms. Fine: Thank you for your letter of October 17, 1988, concerning the lignite research fund and expenditures from the fund. Your first question is whether the $707,111 referred to in 1987 N.D. Sess. Laws ch. 5, § 13 is part of the appropriation made in 1987 N.D. Sess. Laws ch. 729. In chapter 729 the Legislature established the lignite research fund. Section 4 of chapter 729 creates a new section to N.D.C.C. ch. 57-61 to read as follows: S

N.D.A.G. Letter to Larson (Dec. 2, 1988) December 2, 1988 The Honorable Rod Larson House of Representatives District 13 36 Park Drive Riverside, ND 58078 Dear Representative Larson: Thank you for your letter of November 17, 1988, in which you requested an interpretation of N.D.C.C. § 40-53.2-03 concerning the consolidation of cities. The provisions of N.D.C.C. § 40-53.2-03 indicate that a municipal consolidation review commission shall be established upon approval of a "simple majority" of the votes cast by the voters of those cities seeking consolidation. The statute further states t

N.D.A.G. Letter to Person (Nov. 23, 1988) November 23, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of October 13, 1988, in which you request my opinion on whether an eligible employee may waive participation in the North Dakota Public Employees Retirement System (PERS) with the corresponding savings contributed to an alternative retirement system by the employer governmental unit. It is my understanding that the individua

N.D.A.G. Letter to Witham (Nov. 16, 1988) November 16, 1988 Mr. Lyle Witham McHenry County State's Attorney P.O. Box 390 Towner, ND 58788 Dear Mr. Witham: Thank you for your recent letter of November 4, 1988, in which you have set forth certain questions and your conclusions pertaining to the law enforcement duties and responsibilities of a sheriff within incorporated cities. I generally agree with all conclusions reached by you in that letter. N.D.C.C. § 11-15-03 sets forth the general duties of the sheriff pertaining to criminal and non-criminal violations of law.

N.D.A.G. Letter to Flagstad (Nov. 15 1988) November 15, 1988 Mr. Mark A. Flagstad Assistant Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Flagstad: Thank you for your October 28, 1988, letter. You have presented two questions concerning the existence of a statutory or constitutional right to a jury trial in an appeal to the county court after a determination by a municipal court that a person has committed a non-criminal traffic offense. I am unable to provide you with a specific opinion concerning these issues. Your letter indi

N.D.A.G. Letter to Gibbens ( Nov. 14, 1988) November 14, 1988 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter of September 12, 1988, regarding tax levy limitations for cities with a population of less than five thousand people. Specifically, you ask whether the tax levy limitations for cities provided in N.D.C.C. § 57-15-08 may be exceeded because of the language of 1987 N.D. Sess. Laws, ch. 673, § 1. I apologize for the delay in answering your letter. N.D.C.C. § 57-15-08 provides that "[t]he

N.D.A.G. Letter to Rohrich (Nov. 7, 1988) November 7, 1988 Mr. F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton ND 58552 Dear Mr. Rohrich: Thank you for your letter of September 20, 1988, concerning whether a local fire department, which receives rebates from insurance companies, is free to donate those rebates. N.D.C.C. § 26.1-04-03(8) expressly prohibits insurance companies from providing insurance rebates. For this reason, my staff asked the Insurance Department to determine the source of the "rebates" referred to in your letter. The Insuran

N.D.A.G. Letter to Burke (Nov. 3, 1988) November 3, 1988 Ms. Patricia L. Burke Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Burke: Thank you for your letter of October 7, 1988, inquiring whether a county court may require additional bond coverage for public administrators of a nature other than the security required by N.D.C.C. 11-21-02. You further asked who would be responsible for paying the increased bond amount if required by the court. N.D.C.C. 11-21-03 states, in part, as follows: The court, from time to time and as occasion may require,

N.D.A.G. Letter to Wilkes (Nov. 2, 1988) November 2, 1988 Mr. Richard C. Wilkes Assistant Burke County State's Attorney P.O. Box 39 Bowbells, ND 58721 Dear Mr. Wilkes: Thank you for your letter of October 19, 1988, concerning a township's duty to maintain a section line road and the potential liability for an automobile accident stemming from a breach of that duty. You stated in your letter that it is not known who originally constructed the road on the section line. You also stated that the road has not been maintained for "years" and has reverted to a prairie trail. You do not state

N.D.A.G. Letter to Wilkes (Nov. 2, 1988) November 2, 1988 Mr. Richard C. Wilkes Assistant Burke County State's Attorney P.O. Box 39 Bowbells, ND 58721 Dear Mr. Wilkes: Thank you for your letter of October 19, 1988, concerning a township's duty to maintain a section line road and the potential liability for an automobile accident stemming from a breach of that duty. You stated in your letter that it is not known who originally constructed the road on the section line. You also stated that the road has not been maintained for "years" and has reverted to a prairie trail. You do not state

N.D.A.G. Letter to Vogelpohl (Nov. 2, 1988) November 2, 1988 Mr. Steven L. Vogelpohl Lincoln City Attorney P.O. Box 2575 Bismarck, ND 58502-2575 Dear Mr. Vogelpohl: Thank you for your letter of August 31, 1988, providing additional information concerning the bidding process for the Bismarck School District's bus transportation routes. You provided this information to obtain a clarification of N.D. Att'y Gen. Op. 88-13. I apologize for the delay in responding to you. The information in your letter indicates that in the bidding process the bidder was required to include a separate per mi

N.D.A.G. Letter to Patrie (Nov. 1, 1988) November 1, 1988 Mr. William S. Patrie Director North Dakota Economic Development Commission Liberty Memorial Building State Capitol Grounds Bismarck, ND 58505 Dear Mr. Patrie: Thank you for your September 2, 1988, letter in which you ask whether the Small Business Training Network Corporation may be dissolved and the functions of that corporation assumed by the North Dakota Economic Development Commission (EDC). The primary question is whether EDC may collect user fees from participating small businesses and expend this revenue on the small bu

N.D.A.G. Letter to Meier (Nov. 1, 1988) November 1, 1988 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary of State Meier: I am responding to a letter written to this office by attorney Gordon W. Schnell concerning professional corporations. Mr. Schnell asks for an opinion concerning two or more licensed medical specialties, such as optometry and ophthalmology, within a single professional corporation. As you know, I am unable to provide an official opinion to Mr. Schnell because of the restrictions provided by N.D.C.C. § 54-12-01. Opinions of the A

N.D.A.G. Letter to Mehrer (Nov. 1, 1988) November 1, 1988 Mr. Owen K. Mehrer Stark County State's Attorney P.O. Box 310 Dickinson, ND 58601 Dear Mr. Mehrer: Thank you for your letter of August 25, 1988, concerning Attorney General's Opinion 85-36 (1985 N.D. Op. Att'y Gen. 122) and its applicability to personal property foreclosures. I apologize for the delay in responding to you. Attorney General's Opinion 85-36 concluded that real estate foreclosure judgments are not money judgments under North Dakota law. In analyzing N.D.C.C. chs. 32-19 and 32-19.1, the opini

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-25 Date issued: October 28, 1988 Requested by: David M. Crane Hettinger County State's Attorney - QUESTION PRESENTED - Whether a petitioner may appeal to the State Board of Public School Education from the decisions of two county committees which have considered and rejected an annexation petition. - ATTORNEY GENERAL'S OPINION - It is my opinion that a petitioner may not appeal to the State Board of Public School E

N.D.A.G. Letter to Meier (Oct. 24, 1988) October 24, 1988 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 RE: Myron Farm, Inc. Farm File: 149 Dear Secretary Meier: Thank you for your letter of September 19, 1988, regarding the above-referenced farm corporation. The facts set forth in your letter and the enclosed correspondence between your office and officers of Myron Farm, Inc., are very similar to those discussed in my previous letter to you of January 30, 1987. I enclose a copy of that letter for your reference. As set out in my January 30, 1987, letter,

N.D.A.G. Letter to Wogsland (Oct. 20, 1988) October 20, 1988 Hon. Dan Wogsland State Senator District 23 Route 1, Box W8 Hannaford, ND 58448 Dear Senator Wogsland: Thank you for your letter dated October 16, 1988, in which you inquire as to the liability of a private landowner who permits hunting on such landowner's property. I have enclosed a copy of N.D.C.C. ch. 53-08 which limits the liability of landowners when their property is used for recreational purposes. This chapter does not impose a duty of care to keep the property safe for use for recreational purposes upon a landowner e

N.D.A.G. Letter to Sanstead (Oct. 17, 1988) October 17, 1988 Dr. Wayne G. Sanstead Department of Public Instruction State Capitol Bismarck. ND 58505 Dear Dr. Sanstead: Thank you for your letter of August 29, 1988, inquiring of the authority of the North Dakota Teachers' Professional Practices Commission to issue subpoenas. The Teachers' Professional Practices Commission (hereinafter referred to as "Commission") is established by N.D.C.C. § 15-38-17. The Commission consists of nine members appointed by the Governor. The nine members represent classroom teachers, school b

N.D.A.G. Letter to Person (Oct. 14, 1988) October 14, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your August 26, 1988, letter in which you ask whether the Public Employees Retirement Board (Board) has any potential liability arising from its administration of the State's deferred compensation program under N.D.C.C. ch. 54-52.2. Your first inquiry concerns the Board's potential liability for the investment performance of the approv

N.D.A.G. Letter to Person (Oct. 14, 1988) October 14, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your September 19, 1988, letter in which you discuss the requirements of section 89 of the Internal Revenue Code (26 U.S.C. § 89) and seek my opinion on two related questions. As you state in your letter, section 89 requires that employers' group health and life insurance programs comply with the statute's nondiscrimination requirements. In ad

N.D.A.G. Letter to Kringlie (Oct. 13, 1988) October 13, 1988 Mr. A. Roger Kringlie City of Northwood Northwood, ND 58267 Dear Mr. Kringlie: Thank you for your letter of October 7, 1988, inquiring whether a specific city ward may have more than one voting place. I assume that you are writing as the city attorney for Northwood. In your letter, you indicate your interpretation of N.D.C.C. § 16.1-04-02(1) to restrict the city and county governing bodies in the designation of a single polling place for each precinct. I am in agreement with that interpretation of that statute. This statut

N.D.A.G. Letter to Wild (Oct. 6, 1988) October 6, 1988 Mr. Steven J. Wild Bowman County State's Attorney P.O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter dated August 11, 1988, requesting my opinion concerning an easement given by P. A. Harder to the State of North Dakota on September 7, 1934. I apologize for the delay in responding. The analysis in this letter is based solely upon those facts that appear on the face of the copy of the easement you provided to me. I am unable to give an opinion as to the legal ability of P. A. Harder to grant the easement or wheth

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-24 Date issued: October 3, 1988 Requested by: Kent L. Johnson, New Town City Attorney - QUESTION PRESENTED - Whether a Native American tribal member living on the reservation in rental property owned by a state public school district or other governmental entity is subject to a local ad valorem tax assessment on the possessory interest in that rental property. - ATTORNEY GENERAL'S OPINION - It is my opinion

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-23 Date issued: October 3, 1988 Requested by: James E. Sperry, Superintendent State Historical Society - QUESTIONS PRESENTED - I. Whether N.D.C.C. § 55-02-07, providing for the preservation of historical, archeological, and paleontological artifacts and sites, applies to tracts of land in which the Board of University and School Lands owns only a mineral estate. II. Whether compliance with N.D.C.C. § 55-02-07 requires the Boar

N.D.A.G. Letter to Schneider (Sep. 29, 1988) September 29, 1988 Mr. Mark Schneider Executive Committee Protection and Advocacy Project 815 Third Avenue South Fargo, ND 58103 Dear Mr. Schneider: Thank you for your letter dated April 28, 1988. I apologize for the delay in responding to your letter. In your letter, you inquire whether the director of the Protection and Advocacy Project is properly a classified position under North Dakota law. You indicate that you believe the position should not be in the classified service because it falls within the exemption for "administrative heads

N.D.A.G. Letter to Wold (Sep. 28, 1988) September 28, 1988 Mr. James W. Wold Griggs County State's Attorney Griggs County Courthouse Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of September 13, 1988, concerning the proposed sale of land to the U.S. Fish and Wildlife Service. Your letter notes that the materials supplied by the Fish and Wildlife Service state that a tract of land proposed to be sold to the United States would be considered an addition to the National Wildlife Refuge System as authorized by Public Law No. 87-383. This reference is apparently caus

N.D.A.G. Letter to Wentz (Sep. 28, 1988) September 28, 1988 Representative Janet Wentz District 41 505 Eighth Avenue SE Minot ND 58701 Dear Representative Wentz: Thank you for your September 9, 1988, letter concerning whether under the North Dakota Century Code, a person arrested in a domestic dispute situation may be allowed to bond out immediately under a bond schedule like those set by courts for certain misdemeanor offenses or be held overnight or for a minimum hourly period. In your letter you also asked a second question related to bail. Based on conversations with my staff, it i

N.D.A.G. Letter to Gibbens (Sep. 19, 1988) September 19, 1988 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter dated September 8, 1988, in which you inquire of the obligation of a state's attorney to pursue citizen complaints concerning the transfer of sinking funds by a municipality. N.D.C.C. § 11-16-01 requires the state's attorney to provide legal advice, when required and without a fee, to county, district, township, and school district officers on matters relating to the duties of their respective of

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-22 Date issued: September 16, 1988 Requested by: Representative Jack Murphy Joseph Kubik, Dunn County State's Attorney Senator Dean Meyer Representative Ron Anderson - QUESTIONS PRESENTED - I. Whether the petition calling for the retention of Manning as the Dunn County seat or the petition calling for the removal of Manning and declaring one of three alternative sites as the new Dunn County seat complies with the requirements of N.D.C.C. ch. 11-04. II. Whether the ballot form for the Dunn County seat removal question, asking voters whethe

N.D.A.G. Letter to Slorby (Sep. 14, 1988) September 14, 1988 Mr. Tom P. Slorby Ward County State's Attorney Ward Courthouse Minot, ND 58701 RE: N.D.C.C. 27-20-50 Dear Mr. Slorby: Thank you for your letter dated August 18, 1988, in which you inquire as to the scope of N.D.C.C. § 27-20-50. You have asked whether a restraining order may be directed at a person who is not a party to a juvenile court proceeding pursuant to that section. N.D.C.C. § 27-20-50 provides: 27-20-50. Protective order.--On application of a party or on the court's own motion the court may make an order restraining

N.D.A.G. Letter to Sanstead (Sep. 14, 1988) September 14, 1988 Dr. Wayne G. Sanstead Superintendent of Public Instruction State Capitol Bismarck, ND 58505 RE: Your Letter Dated August 29, 1988 Dear Dr. Sanstead: Thank you for your letter dated August 29, 1988. You ask whether the waiver provision in N.D.C.C. § 15-41-26 compels you to adopt waiver procedures and criteria for the approval conditions contained in N.D.C.C. §§ 15-41-24 and 15-41-25. In reviewing the law on this subject, I observed that N.D.C.C. §§ 15-41-24 and 15-41-25 were amended in 1979 to delete the wor

N.D.A.G. Letter to Manly (Sep. 12, 1988) September 12, 1988 Mr. Robert E. Manly Eddy County State's Attorney P.O. Box 949 New Rockford, ND 58356 Dear Mr. Manly: Thank you for your letter of August 18, 1988, inquiring whether N.D.C.C. § 11-18-05(1) requires a fee of $8 or $5 to be paid for recording a document titled "Release of Mortgage and Assignment of Mortgage." Instruments releasing more than one instrument previously recorded in the county in which recording is requested require a recording fee of $5 for the first page and $2 for each additional page, plus $3 for each

N.D.A.G. Letter to Hanson (Sep. 12, 1988) September 12, 1988 Honorable Lyle Hanson Representative 337 15th Avenue NE Jamestown, ND 58401 Dear Representative Hanson: Thank you for your letter of August 10, 1988, in which you request my opinion concerning several questions raised by your constituent, Gary L. Pearson, D.V.M. Many of the questions raised are answered by rules the State Game and Fish Commissioner and the State Engineer recently adopted. Those rules will become effective on October 1, 1988. Other questions are addressed by specific statutes. I have

N.D.A.G. Letter to Wild (Sep. 6, 1988) September 6, 1988 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 August 23, 1988, inquiring of the ability of a county to contribute to the maintenance of an existing city garbage disposal site without establishing a county-wide system. Your letter notes that the county is reluctant to establish and operate a county-wide disposal system as authorized by N.D.C.C. § 11-11-14(13). The county wishes to contribute towards an existing city disposal site and inquires as to their

STATE OF NORTH Dakota ATTORNEY GENERAL'S OPINION 88-21 Date issued: September 6, 1988 Requested by: Wayne P. Jones, Ransom County State's Attorney - QUESTION PRESENTED - Whether a United States Marshal's Deed, which appears to be the final step of a foreclosure action by the Small Business Administration in federal district court, can be recorded by the register of deeds without regard to the payment of past due real estate taxes. - ATTORNEY GENERAL'S OPINION - I

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-20 Date issued: August 29, 1988 Requested by: Tom Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether a city may enact an ordinance prohibiting the possession of a loaded firearm on public property, or, without the consent of the owner or person in charge of such property, on private property. - ATTORNEY GENERAL'S OPINION - It is my opinion, except in cases where possession of a firearm is aut

N.D.A.G. Letter to Kirshenheiter (Aug. 24, 1988) August 24, 1988 Mr. Frank Kirshenheiter Chairman Credit Review Board State Capitol Bismarck, ND 58505 Dear Mr. Kirshenheiter: Thank you for your letter of August 8, 1988, concerning the Farm Credit Counseling Program. Your first question concerns the possible implementation of a user fee. You ask whether a user fee would jeopardize the availability of federal matching funds for the North Dakota Farm Credit Counseling program. The relevant federal statute discussing matching funds for state agricultural loan mediatio

N.D.A.G. Letter to Roach (Aug. 22, 1988) August 22, 1988 Mr. Robert Roach Seed Certification Specialist North Dakota State Seed Department State University Station Fargo, ND 58105 Dear Mr. Roach: Thank you for your letter to me dated July 26, 1988. In that letter you ask whether the state, by statute, may prohibit the sale in North Dakota of dry edible bean seed that does not pass the "Dome Test," a laboratory test which detects the presence and level of seed borne bacteria. You also ask whether such a restriction may be imposed on the sale of 1) certified seed only, 2) all edible bea

N.D.A.G. Letter to Wold (Aug. 15, 1988) August 15, 1988 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 August 2, 1988, concerning the legality of proposed contract between Griggs County and a private landowner. According to your letter, a landowner in Griggs County is proposing to sell some 577 acres of land to the U.S. Fish and Wildlife Service for wildlife production purposes. Pursuant to N.D.C.C. § 20.1-02-18.1, the board of county commissioners for Griggs County now has the proposal before it for purpo

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-19 Date issued: August 15, 1988 Requested by: Pat S. Fricke, Executive Director North Dakota Housing Finance Agency - QUESTION PRESENTED - Whether a judgment against the state of North Dakota can be collected by execution against real property of the North Dakota Housing Finance Agency. - ATTORNEY GENERAL'S OPINION - It is my opinion that a judgment against the state of North Dakota cannot be collected by exec