47-57
Counties
Cite as N.D. Op. Att'y Gen. 47-57
OPINION
47-57
October 25, 1947 (OPINION)
COUNTIES
RE: County Property Subject to Special Assessments
Your letter of October 23 re above has come to my desk.
Prior to this amendment it has always been our opinion that no county
owned property could be made liable for special assessments in
cities. This office gave a lengthy opinion to that effect in
January, 1946. It is our opinion that the amendment of Section
40-2307 by Chapter 285 of the Laws of 1947 was made for the express
purpose of cutting out the exemptions of a county and municipally
owned property from special assessments for improvement. We can see
no ground for dividing county owned property into two classes as you
have in your letter. There is, of course, this general
classification but we do not think that either class is exempt now
under the above amendment from special assessments for improvements
in cities. Therefore, it is our opinion that any and all county
owned property is now subject to special assessments.
We know of no possible provision which the last sentence in Section 1
of the amended law can refer to.
NELS G. JOHNSON
Attorney General