AGO 81-031.

• Case Date: March 26, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-031. OPINION 81-31Date Issued: March 26, 1981 (AGO 81-31) Requested by: W. J. Brandvik, State Inspector of Apiaries, Department of Agriculture- QUESTIONS PRESENTED - Whether chapter 4-12 of the North Dakota Century Code authorizes the registration of a commercial location by a commercial operator if the perimeter of the quarter section that is being registered lies within two miles of the perimeter of another quarter section that is registered by another commercial operator. Whether section 4-12-03.1(1), N.D.C.C., authorizes a commercial operator to establish a commercial location within two miles of any of the other commercial locations that he has registered.III. Whether a beekeeper, who has an apiary site registered, may sell, lease, transfer or rent that apiary site or the rights to that apiary site to another person if the land upon which the apiary is located is not owned by the beekeeper who has the site registered. - ATTORNEY GENERAL'S OPINION - It is my opinion that chapter 4-12, N.D.C.C., does not authorize the registration of a commercial location if the perimeter of the quarter section that is being registered lies within two miles of the perimeter of another quarter section that is registered by another commercial operator. It is my further opinion that section 4-12-03.1(1), N.D.C.C., does not authorize a commercial operator to establish a commercial location within two miles of any of the other commercial locations that he has registered. III. It is my further opinion that a beekeeper, who has an apiary site registered, may not sell, lease, transfer or rent that apiary site or the rights to that apiary site to another person if the land upon which the apiary is located is not owned by the beekeeper who has the site registered. - ANALYSIS - Section 4-12-03, N.D.C.C., state that "each applicant for a beekeeper's license shall include on his application a legal description, to the nearest quarter section, of each apiary to be maintained by him." Section 4-12-03.1(1 ), N.D.C.C., provides, in part:

No new commercial location may be established within two miles 3.22 kilometers of another commercial location. No commercial operator may establish an apiary within two miles 3.22 kilometers of another commercial operator.

There are no other location requirements...