49-182b
Taxation
Cite as N.D. Op. Att'y Gen. 49-182b
OPINION
49-182
March 31, 1949 (OPINION)
TAXATION
RE: Mineral Rights
Re: Chapter 340 1947 Session Laws
Your letter of March 29, regarding the above law, has been received
and referred to my desk.
There is no provision in this law for a division of the tax with
reference to the question whether or not the reservation is all or a
part of the mineral rights. This tax is not an ad valorem tax. It
is a privilege tax and the tax is for the privilege of reserving
undeveloped any share or the whole of the mineral rights, and it
makes no difference how the mineral rights are divided.
Therefore, there is no right in this instance of a division of the
tax as claimed by the party interested.
WALLACE E. WARNER
Attorney General