AGO 81-030.

• Case Date: March 25, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-030. OPINION 81-30Date Issued: March 25, 1981 (AGO 81-30) Requested by: Tom P. Slorby, Ward County State's Attorney- QUESTION PRESENTED - Whether the apportionment of revenue provisions of section 57-62-02(3)(b) of the North Dakota Century Code apply when a currently active coal-mining operation lies in one county but the tipple for the same lies in another non-coal-producing county.- ATTORNEY GENERAL'S OPINION - It is my opinion that the apportionment of revenue provisions of section 57-62-02(3)(b), N.D.C.C., apply when a currently active coal-mining operation lies in one county but the tipple for the same lies in another non-coal-producing county. - ANALYSIS - Section 57-62-02(3)(b), N.D.C.C., provides, in part:

If the tipple of a currently active coal mining operation in a county is within fifteen miles 24.14 kilometers of another county in which no coal is mined, the revenue apportioned according to this subsection shall be allocated as follows. . . .

This language does not require the tipple to be in the same county as the currently active...