AGO 81-026.

• Case Date: March 13, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-026. OPINION 81-26Date Issued: March 13, 1981 (AGO 81-26) Requested by: Jay V. Brovold, Billings County State's Attorney- QUESTION PRESENTED - Whether a board of county commissioners must submit to the electors of the county at a regular or special election a proposal for the construction of a new county courthouse when the proposed expenditure is not greater in amount than can be provided for by the annual tax levies.- ATTORNEY GENERAL'S OPINION - It is my opinion that a board of county commissioners need not submit a proposal for the construction of a new county courthouse to the electors of the county at a regular or special election when the proposed expenditure is not greater in amount than can be provided for by the annual tax levies. - ANALYSIS - Section 11-11-16 of the North Dakota Century Code grants the board of county commissioners the power to erect, repair and maintain buildings from current revenue. Section 11-11-18, N.D.C.C., requires the board to submit any extraordinary outlay of money to a vote of the electors. This section states:

The board of county commissioners shall submit to the electors of the county at any regular or special election any proposal for an extraordinary outlay of money by the county when the proposed expenditure is greater in amount than can be provided for by the annual tax levies. If the board considers the courthouse, jail, or other public buildings of the county inadequate for the needs of the county or deems it necessary to build a county hospital, and if it is thought that it is not for the best interests of the county to issue bonds to aid in the construction of such buildings or that the construction of such buildings by any other procedure is not for the best interests of the county, it shall submit to the electors of the county at any regular or special election, the proposal for the construction of a courthouse, jail, or other public building by establishing a building fund to aid in the construction thereof. The requirements of this section shall not apply to lease-purchase agreements authorized by section 24-05-04. (Emphasis supplied).

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