AGO 81-018.

Case DateMarch 04, 1981
CourtNorth Dakota
North Dakota Attorney General Opinions 1981. AGO 81-018. OPINION 81-18Date Issued: March 4, 1981 (AGO 81-18) Requested by: Representative Richard J. Backes- QUESTIONS PRESENTED - Whether under a family farm incorporation law with an emergency clause farmers and ranchers will be allowed to incorporate between the time referral petitions are filed with the Secretary of State and the time set for the election on the referral petitions. Whether farmers and ranchers who have incorporated under a family farm incorporation law with an emergency clause will be allowed to continue farming and ranching as a corporation if the family farm incorporation law is rejected by the electors at a referral election.- ATTORNEY GENERAL'S OPINION - It is my opinion that under a family farm incorporation law with an emergency clause farmers and ranchers will be allowed to incorporate between the time referral petitions are filed with the Secretary of State and the law is voted upon by the electors at a referral election. It is my further opinion that if a family farm incorporation law with an emergency clause is rejected by the voters at a referral election, those farmers and ranchers who incorporated prior to the election in which the law was rejected will be subject to the provisions of chapter 10-06 of the North Dakota Century Code which will automatically be revived concurrent with the rejection of the family farm incorporation law. - ANALYSIS - The legislative power of the people through the initiative and referendum provisions of the North Dakota Constitution is well-established. Article III, Section 1, of the North Dakota Constitution provides that the people reserve the power "to approve or reject legislative Acts, or parts thereof, by the referendum." The power of the referendum is reserved to enable the people to pass final judgment on whether laws enacted by the Legislative Assembly shall be approved or rejected. McCarney v. Meier, 286 N.W.2d. 780 (N.D. 1979). Article III, Section 5, of the North Dakota Constitution provides as follows:
The submission of a petition shall suspend the operation of any measure enacted by the legislative assembly except emergency measures and appropriation measures for the support and maintenance of state departments and institutions. (Emphasis supplied).
Thus, as to measures other than emergency...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT