46-277a
Townships
Cite as N.D. Op. Att'y Gen. 46-277a
OPINION
46-277
February 7, 1946 (OPINION)
TOWNSHIP
RE: Property - Procedure for Sale of
I am in receipt of your letter of February 2, 1946, in which you say
that during the depression years Peterson Township in your county
sponsored a C.W.A. project and that a club donated about two-thirds
of the money required for materials, and that he township furnished
the balance; that the board of supervisors have decided to sell the
building thus erected. You desire to be informed as to whether or
not the board may sell without first being authorized to do so by the
township voters.
A board of supervisors has only the authority conferred by statute.
In fact, a board of supervisors largely functions as an agency for
carrying out the mandates of the township electors as expressed at
the annual township meeting.
It is my opinion that the board of supervisors of Peterson Township
does not have the legal authority to sell the township hall without
first being authorized to do so by the electors at a township
meeting. It makes no difference whether the building was constructed
as a C.W.A. project, or whether it was built entirely with township
moneys raised by taxation. Before the township hall can be legally
sold, the sale must be authorized by the voters of the township at a
township meeting or election.
NELS G. JOHNSON
Attorney General