AGO 85-25.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-25. OPINION 85-25Date Issued: July 11, 1985 (AGO 85-25) Requested by: Howard D. Swanson Assistant Grand Forks City Attorney

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QUESTION PRESENTED - Whether 1985 N.D. S.L. 625 relating to marketable title of real estate acquired by a city after tax deed proceedings, is effective with regard to property acquired by a city prior to the legislation's July 1, 1985, effective date.- ATTORNEY GENERAL'S OPINION - It is my opinion that 1985 N.D. S.L. 625 relating to marketable title of real estate acquired by a city after tax deed proceedings, is effective with regard to property acquired by a city prior to the legislation's July 1, 1985, effective date. - ANALYSIS - N.D.C.C. sections 57-28-17 and 57-28-19 provide that a city may purchase land held by the county under a tax deed if the real estate is subject to a special assessment imposed by the city. The city may then sell the property for the price it paid plus the amount of the special assessment. The 1985 Legislature passed House Bill 1496 (1985 N.D. S.L. 625) which allows the city to obtain marketable title for the property if certain conditions are met. The purpose of the legislation was to avoid the monetary expense of a quiet title action by permitting the city to sell the property with a clear title. The effective date for House Bill 1496 is July 1, 1985. N.D. Constitution, Article IV, Section 41. The issue is whether cities may acquire marketable title to property purchased from the county pursuant to N.D.C.C. chapter 57-28 prior to July 1, 1985, by complying with the requirements of the 1985 legislation. N.D.C.C. section 1-02-10 provides as follows:

1-02-10. CODE NOT RETROACTIVE UNLESS SO DECLARED. No part of this code is retroactive unless it is expressly declared to be so.

However, the North Dakota Supreme Court held the following in paragraph 1 of the Syllabus in Public School District No. 35 v. Cass County Board of Commissioners 123 N.W.2d. 37 (N.D. 1963):

If a statute does not operate retrospectively because it relates to antecedent facts or because part of the requisites of its action is drawn from time antecedent to its passing.

Id. at 38. Furthermore, like all rules of statutory construction, N.D.C.C. section 1-02-10 is...