AGO 81-027.

• Case Date: March 19, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-027. OPINION 81-27Date Issued: March 19, 1981 (AGO 81-27) Requested by: Larry E. Stern, Cass County Assistant State's Attorney

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QUESTION PRESENTED - Whether a county may levy a tax on taxable property in a township for the purpose of supporting an airport or airport authority if that township already has an airport levy.- ATTORNEY GENERAL'S OPINION - It is my opinion that a county may levy a tax on taxable property in a township for the purpose of supporting an airport or airport authority even if that township already has an airport levy. - ANALYSIS - Section 2-06-15, N.D.C.C., presently states:

In counties supporting airports or airport authorities, a levy in addition to all other levies permitted by law, not to exceed four mills on the net taxable valuation of property in such county, may be made for such purposes, but such levy shall not apply to any city or park district that already has an airport levy.

This section, as originally enacted in 1959, also provided that such a levy did not apply to property in any village that already had an airport levy. At the time of its enactment, there were only three other political subdivisions which were authorized to levy taxes for airport purposes: cities, park districts, and villages. See sections 57-15-36 and 57-15-37, N.D.C.C. (1960). These three political subdivisions were authorized to levy taxes for airport purposes only if such a tax had not already been levied by another political subdivision on the property in that same taxing district. When section 2-06-15, N.D.C.C., was enacted, it specifically listed the political subdivisions which were given authority to levy...