North Dakota AG Opinions, 2012

LETTER OPINION 2012-L-11 October 10, 2012 The Honorable Stan Lyson State Senator 1608 4th Avenue West Williston, ND 58801-4127 Dear Senator Lyson: Thank you for your letter asking whether an oil company may withhold royalties based on a title defect greater than 20 years old, where an affidavit of marketable title has been properly recorded and about the applicability of the Marketable Record Title Act to severed mineral interests. It is my opinion that the Marketable Record Title Act may be difficult to satisfy with respect to an estate in severed minerals in part due to the challenge of me

LETTER OPINION 2012-L-10 September 17, 2012 The Honorable Robert R. Peterson State Auditor 600 East Boulevard Avenue, Dept 117 Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter requesting my opinion on whether the State Treasurer’s distribution of federal funds allocated to North Dakota is in accordance with both state and federal law. For the reasons indicated below, it is my opinion that the State Treasurer’s distribution of federal funds is in accordance with both state and federal law. ANALYSIS Due to destructive floods, in the 1930’s and 1940’s the

OPEN RECORDS AND MEETINGS OPINION 2012-O-08 DATE ISSUED: August 3, 2012 ISSUED TO: North Dakota State University Research and Technology Park CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from C.T. Marhula asking whether the North Dakota State University Research and Technology Park (Research Park) violated N.D.C.C. § 44-04-18 when it charged Mr. Marhula a $75 fee to locate and review records of the entity. FACTS PRESENTED In February 2012, C.T. Marhula requested to examine and review the minutes and all audits of the Research Park

OPEN RECORDS AND MEETINGS OPINION 2012-O-07 DATE ISSUED: August 2, 2012 ISSUED TO: Dresden Township CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Tom Valentine asking whether Dresden Township unreasonably delayed access to records he requested. FACTS PRESENTED On February 1, 2012, Tom Valentine sent a letter to Mark Schneider, the Chairman of the Dresden Township Supervisors, asking to view and copy township records. In his letter Valentine asked to see the following: 1. Minutes of meetings 2005 to 2011 2. Receipts and

LETTER OPINION 2012-L-09 July 5, 2012 Mr. Steven J. Lies Wahpeton City Attorney PO Box 275 Wahpeton, ND 58074-0275 Dear Mr. Lies: Thank you for your letter asking whether the city may lawfully permit the use of its city hall and broadcasting facilities by a non-profit organization to air presentations by opposing candidates for public office, or presentations by proponents and opponents of state or local ballot measures. Based on the following, it is my opinion that it would not violate the state’s Corrupt Practices Act, N.D.C.C. §§ 16.1-10-01(3) and 16.1-10-02, for a city to allow a non-pr

LETTER OPINION 2012-L-08 July 5, 2012 Mr. William G. Goetz Chancellor North Dakota University System 600 East Boulevard Avenue, Dept. 215 Bismarck, ND 58505-0230 Dear Mr. Goetz: Thank you for your letter asking several questions related to soliciting bids for public improvements under N.D.C.C. ch. 48-01.2. For the reasons indicated below, it is my opinion that N.D.C.C. ch. 48-01.2 does not authorize a state-supported institution of higher education to use institution employees to make “public improvements” in-house when the estimated cost of the construction is over $100,000. It is my fur

LETTER OPINION 2012-L-07 July 5, 2012 The Honorable Alvin A. Jaeger Secretary of State 600 East Boulevard Avenue Bismarck, ND 58505 Dear Secretary of State Jaeger: Thank you for your letter, on behalf of the State Canvassing Board, requesting my opinion on whether the gubernatorial candidate for the Libertarian Party was nominated in accordance with state law at the June 12, 2012, primary election and is eligible for certification and advancement to the general election ballot. Based on the following, it is my opinion that the gubernatorial candidate for the Libertaria

LETTER OPINION 2012-L-06 May 25, 2012 Mr. William R. Hartl Rugby City Attorney 223 S Main Ave Rugby, ND 58368-1720 Dear Mr. Hartl: Thank you for your letter asking three questions concerning the distribution of certain insurance premium taxes in support of city and township fire departments and rural fire protection districts. 1 You ask whether insurance tax funds distributed to fire departments pursuant to N.D.C.C. ch. 18-04 are public funds subject to the same laws as other public funds; whether these funds are under control of the fire department or under control of the governing body un

OPEN RECORDS AND MEETINGS OPINION 2012-O-06 DATE ISSUED: May 18, 2012 ISSUED TO: Mandan School Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Susan Beehler asking whether the Mandan School Board (Board) violated the open meetings law by holding meetings without the public notice required by law. FACTS PRESENTED Issue one At a Board meeting on December 5, 2011, the Board authorized the Mandan Public School District (District) to purchase property for a new school in the Lakewood Subdivision of Mandan

LETTER OPINION 2012-L-05 May 9, 2012 Ms. Lisa Gibbens Acting Assistant Rolette County State’s Attorney PO Box 1079 Rolla, ND 58367-1079 Dear Ms. Gibbens: Thank you for your letter raising several questions about the disposition of undistributed tax revenues raised by a levy for county emergency medical services under N.D.C.C. § 57-15-50 and allocated under N.D.C.C. § 23-27-04.7, and for your recent follow-up letter. You ask whether Rolette County is obligated to distribute tax revenue to two of the ambulance services serving parts of Rolette County since these ambulance services have not subm

LETTER OPINION 2012-L-04 May 1, 2012 Mr. Birch P. Burdick Cass County State’s Attorney PO Box 2806 Fargo, ND 58108-2806 Dear Mr. Burdick: Thank you for your letter requesting my opinion whether taxing authorities should consider tax credits or rent restrictions when assessing a property built using federal low income housing tax credits. Based on the following analysis, it is my opinion that taxing authorities may consider the effect, if any, of the tax credits and rent restrictions on a property’s value when assessing a property built using federal low income housing tax credits, along with

LETTER OPINION 2012-L-03 April 12, 2012 The Honorable John M. Andrist State Senator PO Box E Crosby, ND 58730-0660 Dear Senator Andrist: Thank you for your letter requesting my opinion whether the requirement in N.D.C.C. § 40-01-09.1 for publishing the list of individual checks written and approved by a city includes payments made by electronic fund transfer; whether the check numbers must be included when the list of checks is published by a city or county; and whether individual charges made to a credit card held by a city, county or school board must be listed instead of listing the check

OPEN RECORDS AND MEETINGS OPINION 2012-O-05 DATE ISSUED: March 20, 2012 ISSUED TO: Elma Township CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Dennis Knudson asking whether Elma Township violated N.D.C.C. § 44-04-19 by holding meetings without public notice. FACTS PRESENTED The members of the Elma Township Board of Supervisors are Chairman and Road Overseer Dave Kluge, Vice Chairman Aaron Medenwaltd, and Supervisor Gary Schlitz. In September 2011, two culverts were installed in two separate locations in Elma To

OPEN RECORDS AND MEETINGS OPINION 2012-O-04 DATE ISSUED: March 20, 2012 ISSUED TO: Rye Township Zoning Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Neil Nowatzki asking whether the Rye Township Zoning and Planning Commission violated N.D.C.C. § 44-04-20 by failing to notice a meeting. FACTS PRESENTED On Tuesday, November 1, 2011, the Rye Township Zoning Commission met to inspect the site of a proposed new residence before issuing a building permit. A township zoning commission is a governing body created by statu

LETTER OPINION 2012-L-02 March 2, 2012 Mr. Lance Gaebe Commissioner North Dakota State Land Department PO Box 5523 Bismarck, ND 58506-5523 Dear Mr. Gaebe: Thank you for your letter requesting my opinion on whether real property located in the city of Bismarck, owned by the Common Schools Trust, can be included in a special assessment district and specially assessed by the City for the installation of a water line. 1 For the reasons indicated below, it is my opinion that the real property owned by the Common Schools Trust cannot be included in a special assessment dist

OPEN RECORDS AND MEETINGS OPINION 2012-O-03 DATE ISSUED: February 24, 2012 ISSUED TO: North Dakota State University Research and Technology Park CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion from Mr. Rob Port asking whether the North Dakota State University Research and Technology Park (Research Park) violated N.D.C.C. § 44-04-19 by holding its annual meeting out of state. FACTS PRESENTED On September 22 and 23, 2011, the Research Park held its annual meeting in Minneapolis, Minnesota. The Research Park is a nonprofit

OPEN RECORDS AND MEETINGS OPINION 2012-O-02 DATE ISSUED: February 6, 2012 ISSUED TO: Linton School Board CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Leah Burke, Editor of the Emmons County Record asking whether the Linton School Board (Board) violated N.D.C.C. §§ 44-04-19 and 44-04-20 by meeting without providing public notice. FACTS PRESENTED In August 2011, Emmons County State’s Attorney Donald Becker contacted Linton Superintendent of Schools Alan Bjornson to request certain documents. The documents rela

OPEN RECORDS AND MEETINGS OPINION 2012-O-01 DATE ISSUED: January 19, 2012 ISSUED TO: McIntosh County Commission CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Francis Materi on behalf of The Wishek Star asking whether the McIntosh County Commission violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting that was not preceded by public notice. FACTS PRESENTED The McIntosh County Commission (Commission) is a three-member commission. On October 3, 2011, Commission chairman Ronald Meidinger and a count

LETTER OPINION 2012-L-01 January 10, 2012 Mr. Neil W. Fleming Attorney at Law PO Box 633 Cavalier, ND 58220-0633 Dear Mr. Fleming: Thank you for your letter requesting my opinion 1 on whether water resource boards have the authority to assess costs incurred in the course of investigating a drainage complaint and enforcing a removal order, 2 and whether boards can require complainants to pay investigation costs or post a bond. It is my opinion that water boards may not assess landowners for drainage investigation costs incurred by a board prior to the issuance of a remova