N.D. Const. art. X, § 18 — Research

Limitation on Loan or Gift by State or Subdivision. Text of the section: current and prior versions.

Every citing reference in the corpus: 43 court opinions and 132 Attorney General opinions. Counts include the section's pre-1981 designation (§ 185), era-gated by the renumbering crosswalk.

Generated from the citation graph of the validated corpus. Treatment groupings (construing / citing / recital) are heuristic reading aids, not editorial judgments — read the opinion before relying on any signal.

Cases by topic

Topics are machine-generated groupings of the citing references — reading aids, not editorial judgments. Documents cited after the last classification pass appear in the lists below until the next pass.

Public purpose requirement and economic development

Paving District 476 Group, et al. v. City of Minot, 2017 ND 176 (2017, Tufte, J.) · quotes the provision
- ¶ 23: “…The gift clause, N.D. Const. art. X, § 18, states: The state, any county or city may make internal improvements and may engage in any industry, enterprise or business, not prohibited by article XX of the constitution, but neither the state nor any political su…”
Hale v. State of North Dakota, et al., 2012 ND 148 (2012, Crothers, J.) · quotes the provision
- ¶ 1: “…DC") for a declaration that the state and the federal constitutions prohibit the disbursement of public funds to private persons, associations, or corporations for economic development. Hale primarily argues the "gift clause" provisions of N.D. Const. art. X, § 18 prohibit the State entities and the Minot defendants from using public funds to loan, give credit or make donations to individuals, associations, or [*687] corporations for economic development. We conclude statutes aut…”
Haugland v. City of Bismarck, 2012 ND 123 (2012, Sandstrom, J.) · quotes the provision
- ¶ 1: “…tional and Bismarck's implementation of an urban renewal plan and use of tax increment financing to fund urban renewal projects in its urban renewal area complies with the Act. Haugland claims the Act violates the gift clause provisions of N.D. Const. art. X, § 18, the requirements for imposing taxes in N.D. Const. art. X, §§ 3 and 5, and the equal protection provisions of the state and federal constitutions. He also claims Bismarck's implementation of a perpetual urban renewal p…”
State v. Blunt, 2008 ND 135 (2008, Sandstrom, J.) · quotes the provision
- ¶ 9: “…public officer entrusted with public funds has no right to give them away." 63C Am.Jur.2d *Public Officers and Employees* § 265 (1997); *see also Teigen v. State,* 2008 ND 88, ¶35, 749 N.W.2d 505 (Sandstrom, J., concurring specially) (N.D. Const. art. X, § 18, "restrain[s] ... government actors from gifting public funds or property").…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2000-F-04 (2000)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 95-L-233 (1995)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Feb. 11, 1991)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Mar. 20, 1990)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 78-20 (1978)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 66-83 (1966)

Donations to private individuals and organizations

N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2008-L-11 (2008)
Teigen, et al. v. State, 2008 ND 88 (2008, Kapsner, J.) · quotes the provision
- ¶ 28: “…The plaintiffs argue the trade association clause is unconstitutional because it constitutes a gift in violation of N.D. Const. art. X, § 18, which provides: The state, any county or city may make internal improvements and may engage in any industry, enterprise or business, not prohibited by article XX of the constitution, but neither the state nor any poli…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2005-L-34 (2005)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2005-L-29 (2005)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2004-L-74 (2004)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2004-L-21 (2004)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2004-L-14 (2004)
Saefke v. Stenehjem, et al., 2003 ND 202 (2003, Maring, J.)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2003-L-51 (2003)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2003-L-31 (2003)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2003-L-09 (2003)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2002-L-72 (2002)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2002-F-09 (2002)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2000-L-62 (2000)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 98-F-30 (1998)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 98-F-23 (1998)
Billey v. North Dakota Stockmen's Association, 1998 ND 120 (1998, Sandstrom, J.) · quotes the provision
- ¶ 5: “…and 36-22. On cross-motions for summary judgment, the district court concluded portions of N.D.C.C. §§ 36-09-18, 36-22-03, and 36-22-08 violate N.D. Const. Art. X, § 12, which requires all public moneys be paid to the state Treasurer, and N.D. Const. Art. X, § 18, which prohibits the state from making loans, giving credit, or making donations to or in aid of any individual, association, or corporation. The court directed its order be stayed "until such time as it can be appealed…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 97-F-07 (1997)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 96-L-147 (1996)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 96-L-93 (1996)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 94-L-186 (1994)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 94-L-49 (1994)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (May 20, 1991) (to Burke)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Feb. 19, 1991) (to Solberg)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Jan. 23, 1989)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (May 11, 1988) (to Fraase)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Jan. 12, 1988)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Sept. 25, 1987) (to Larson)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Mar. 23, 1987) (to Schmiess)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 87-02 (1987)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Nov. 29, 1985) (to Slorby)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Aug. 13, 1985)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Apr. 11, 1985) (to Slorby)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 81-19 (1981)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 78-147 (1978)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 74-61 (1974)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 74-108 (1974)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 73-122 (1973)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 72-43 (1972)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 69-507 (1969)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 64-236 (1964)
Menz v. Coyle, 1962 ND 37 (1962, Strutz, J.) · quotes the provision
- “…l provisions of both State and Federal constitutions, including Section 20 of the North Dakota Constitution, which provides that no special privileges shall be granted nor shall any class of citizens be granted privileges not extended to all; that it violates Section 185 of the North Dakota Constitution, which provides that the State shall not loan or give its [*295] credit to or make donations in aid of any association; that it violates Sections 175 and 176 of the State Constitution, w…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 59-385 (1959)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Mar. 24, 1959)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 58-70 (1958)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 57-57 (1957)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 57-58 (1957)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 46-44 (1946)
Hadler v. North West Agricultural, Live Stock & Fair Ass'n, 1931 ND 73 (1931, Nuessle, J.) · quotes the provision
- “…lic moneys for the support and maintenance of the association, provided it conforms to the requirements laid down. So the Legislature must have considered the purpose and object public and governmental. Any other conclusion can only contemplate a violation of section 185, Constitution of North Dakota, providing: "* * * But neither the state nor any political subdivision thereof shall otherwise loan or give its credit or make donations to or in aid of any individual, association or corpo…”

State and municipal enterprises and internal improvements

Berger, et al. v. Sellers, et al., 2023 ND 171 (2023, Tufte, J.) · construes
- ¶ 11: “…epeal it had been incorporated by reference in a provision authorizing cities to engage in "business not prohibited by Article 20" (the since-repealed constitutional provision prohibiting the sale of liquor). 24 N.W.2d at 907, 909-10 (interpreting N.D. Const. § 185, now art. X, § 18). Despite the repeal of the prohibition article, we held its incorporation by reference in § 185 preserved the exclusion of liquor sales from the businesses in which cities may engage. Id. In State v.…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2006-L-16 (2006)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2000-F-19 (2000)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2000-L-13 (2000)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2000-F-01 (2000)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 97-L-47 (1997)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 96-L-6 (1996)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 93-F-02 (1993)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 92-13 (1992)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Nov. 18, 1991) (to Byers)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (June 10, 1991) (to Whitman)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Oct. 9, 1985) (to Martinson)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 73-17 (1973)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 73-158 (1973)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 72-130 (1972)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 70-245 (1970)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 68-34 (1968)
Kelly v. Guy, 1965 ND 15 (1965, Burdick, J.) · quotes the provision
- “…his amendment which may be given effect without that which is declared invalid, as applied to any circumstances; and for this purpose all sections and parts of sections and applications thereof are declared to be severable.' This court has already held that Section 185 of the North Dakota Constitution authorizes the state and any county or city to engage in any industry, enterprise, or business, except the business of dealing in intoxicating liquor. Gripentrog v. City of Wahpeton, N.D…”
Gripentrog v. City of Wahpeton, 1964 ND 7 (1964, Strutz, J.) · quotes the provision
- “…ion or Section 13 of the North Dakota Constitution. 12. Section 195 of the North Dakota Constitution authorizes the State and any county or city to engage in any industry, enterprise, or business except the business of dealing in intoxicating liquors. 13. Section 185 of the North Dakota Constitution does not prohibit the State or any county or city from making loans or donations or extending its credit when such loans or donations are made and credit is extended in connection with t…”
Northwestern Bell Telephone Company v. Wentz, 1960 ND 20 (1960, Teigen, J.) · quotes the provision
- “…engaged in making internal improvements or engaged in a state industry, enterprise or business, not prohibited by Article XX of the Constitution. 5. The clause 'but neither the state nor any political subdivision thereof shall otherwise * * *' contained in Section 185 of the Constitution in other language means 'on the contrary, the state or any political subdivision thereof may not in any other way * * *.' In the clause the word 'but' is used conjunctively in the sense of 'on the co…”
State ex rel. Syvertson v. Jones, State Highway Com'r, 1946 ND 20 (1946, Christianson, J.) · quotes the provision
- “…to provide for the expenditure of public funds without appropriation by the Legislature in violation of Section 186 of the Constitution. 4. That the measure vests legislative power in executive officers in violation of Section 25 of the Constitution. In 1918 Section 185 of the Constitution was amended so as to authorize the state to 'engage in any industry, enterprise or business, not prohibited by article 20 of the constitution'; and in harmony with this, Section 182 of the Constituti…”
Egbert v. City of Dunseith, 1946 ND 9 (1946, Nuessle, J.) · quotes the provision
- “…ubsequent additions or modifications of **908 the statute so taken, unless it does so by express intent or necessary implication. 7. Article 20 of the Constitution of North Dakota prohibited every form of traffic in intoxicating liquor in the state. In 1918 section 185 of the Constitution was amended to provide 'The state, any county or city * * * may engage in any industry, enterprise or business not prohibited by Article 20 * * *.' Subsequently Article 20 was repealed. Held, for rea…”
State v. Burleigh County, 1927 ND 4 (1927, Birdzell, J.) · quotes the provision
- “…. The constitutional exemption was clearly intended to protect property that was acquired for a public purpose. It was placed in the Constitution at a time when restrictions were imposed upon governmental activities in the direction of private enterprise. See section 185 of the state Constitution 1889. When the state engaged in the farm loan business, it was not in contemplation that any real property should be acquired to facilitate the operation of the department. A state reformatory,…”
Sargent County v. State, Doing Business as Bank of North Dakota, 1921 ND 29 (1921, Birdzell, J.) · quotes the provision
- “…vate corporation, and, as such, may sue and be sued. What is claimed in this regard, in reference to the Bank of North Dakota, if such claim is well founded, applies with equal effect to the state-owned mill and elevator, and to the Home Building Association. Section 185 of our Constitution, as the same was drafted by the members of the Constitutional Convention, and as it became a part of our Constitution, reads thus: [*278] "Neither the state nor any county, city, township, town, scho…”
Green v. Frazier, Governor, 1920 ND 2 (1920, Grace, J.) · quotes the provision
- “…in excess of the limit named herein shall be incurred except for the purpose of repelling invasion, suppressing insurrection, defending the state in time of war or to provide for the public defense in case of threatened hostilities." See Laws 1919, p. 507. Section 185 of the Constitution, before its amendment, is as follows: "Neither the state nor any county, city, township, town, school district or any other political subdivision shall loan or give its credit or make donations to or…”

Loans, credit, and investment of public funds

N.D. Att'y Gen.: N.D. Op. Att'y Gen. 97-F-08 (1997)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 93-F-11 (1993)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 93-F-06 (1993)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 93-L-129 (1993)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Nov. 15, 1991)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 82-26 (1982)
Patterson v. City of Bismarck, 1973 ND 70 (1973, Friederich, J.) · construes, quotes the provision
- “…ssion to apply a formula prescribed by an ordinance intended to govern surface parking and not ramp parking. 5. The Special Assessment Commission did not personally inspect the area and further delegated its power and duties to an administrative assistant. 6. Section 185 of the North Dakota Constitution prohibits construction of a commercial parkade through the special assessment method. 7. The parkade contains commercial retail area in which business is conducted in competition with bu…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 70-23 (1970)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 67-220 (1967)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 60-188 (1960)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 57-12 (1957)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 50-12 (1950)
Stutsman v. Arthur, City Auditor, 1944 ND 33 (1944, Morris, J.) · quotes the provision
- “…mended by chapter 170, Sess.Laws N.D.1929, in so far as it permits the issuance of bonds to refund special improvement warrants issued prior to the time municipalities were permitted to become generally liable for improvement fund deficiencies is violative of section 185 of the North Dakota Constitution. 6. As a general rule recitals in municipal bonds in the hands of a bona fide purchaser are conclusive on the municipality as to facts contained in recitals made by officers having aut…”
Marks v. City of Mandan (Stutsman, Intervener), 1941 ND 2 (1941, Morris, J.) · construes, quotes the provision
- “…such ad valorem taxes do not amount to the taking of property without due process. Another constitutional objection urged is that if the statute in question is construed to permit the levy of general taxes to pay special assessment deficiencies, it violates section 185 of the North Dakota constitution, which prohibits cities from loaning or giving their credit to, or making donations to or in aid of any individual, association, or corporation, except for the reasonable support of the…”
Becker County Sand & Gravel Co. v. Wosick, 1932 ND 97 (1932, Christianson, J.)
State ex rel. Kaufman v. Davis, State Board of Administration, 1930 ND 14 (1930, Christianson, J.) · quotes the provision
- “…the Constitution of North Dakota. Said chapter 102, supra, does not provide for or authorize any donation on the part of the state to, or the loaning or giving of the state’s credit in aid of, any individual, association, or corporation, in contravention of section 185 of the state Constitution. Said chapter 102 does not contravene section 11 of the state Constitution, which provides that all laws of a general nature shall have a uniform operation. Said chapter 102, supra, does no…”
Redmon v. Chacey, 1898 ND 1 (1898, Bartholomew, J.)
Martin v. Tyler, 1894 ND 35 (1894, Bartholomew, J.) · construes, quotes the provision
- “…on is made by which the county is to be repaid, certainly to the amount of the principal, and, as we construe it, the interest also, by the municipalities and persons upon whom special assessments are laid under the law. It is urged upon us that this violates Section 185 of our state constitution, which prohibits any county from loaning or giving its [*301] credit or making donations to or in aid of any individual asssociation or corporation except for necessary support of the poor. An…”

Transfers between political subdivisions and other governments

N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2020-L-07 (2020)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2010-L-16 (2010)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2009-L-07 (2009)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2006-L-01 (2006)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2005-L-30 (2005)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2004-L-47 (2004)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2002-F-03 (2002)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2001-L-43 (2001)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2000-F-13 (2000)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2000-L-46 (2000)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 99-F-14 (1999)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 94-F-02 (1994)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 93-L-313 (1993)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 93-L-274 (1993)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Apr. 7, 1992) (to Belisle)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Aug. 19, 1991)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 83-17 (1983)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 73-150 (1973)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 71-21 (1971)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 66-169 (1966)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 62-35 (1962)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (June 1, 1960)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 60-202 (1960)

Disposition of public property, lands, and trust funds

Sorum, et al. v. State, et al., 2020 ND 175 (2020, Tufte, J.) · quotes the provision
- ¶ 1: “…C., relating to the ownership of mineral rights in lands subject to inundation by the Garrison Dam, is unconstitutional. The district court concluded that N.D.C.C. § 61-33.1-04(1)(b) is on its face unconstitutional under the "gift clause," N.D. Const. art. X, § 18, and enjoined the State from issuing any payments under that statute. The court rejected Plaintiffs' constitutional challenges to the rest of chapter 61-33.1. The Defendants appeal and the Plaintiffs cross-appeal from t…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2014-L-09 (2014)
Reep, et al. v. State, et al. (consolidated w/20130111), 2013 ND 253 (2013, Sandstrom, J.) · construes, quotes the provision
- ¶ 1: “…e navigable waters. We conclude that the State owned the mineral interests under the shore zone of navigable waters upon statehood in 1889 under the equal footing doctrine and that the enduring language of the anti-gift clause now found in N.D. Const. art. X, § 18, precludes construing the language now codified in N.D.C.C. § 47-01-15 as a gift of the State's mineral interests under the shore zone to the upland owners. Thus, ownership of mineral interests under the shore zone may…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2003-L-58 (2003)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2002-L-18 (2002)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2000-L-153 (2000)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 95-L-186 (1995)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 95-L-65 (1995)
State ex rel. Sprynczynatyk v. Mills, 1994 ND 212 (1994, Neumann, J.)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (May 30, 1989) (to Henegar)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 86-18 (1986)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 72-360 (1972)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 66-410 (1966)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 65-445 (1965)
Lalim v. Williams County, 1960 ND 37 (1960, Morris, J.)
Wallentinson v. Williams County, 1960 ND 5 (1960, Strutz, J.)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 55-87 (1955)
State v. Amerada Petroleum Corporation, 1955 ND 42 (1955, Grimson, J.) · quotes the provision
- “…il Company would be valid. Neither party therefore, has shown any injury to entitle it to question the constitutionality of the Act under which the resale was made. The plaintiffs next claim that the sale to Bylin under Section 15–0715(5), NDRC 1943, violates Section 185 of the constitution of North Dakota, which provides that 'neither the state nor any political subdivision thereof shall * * * loan or give its credit or make donations to or in aid of any individual, association or corp…”
Schatz v. City Council of City of New England, 1953 ND 47 (1953, Burke, J.) · quotes the provision
- “…legislature. Plaintiffs' third proposition, that the proposed sale is void because no appraisal of the property was made is founded upon the contention that the consideration agreed to be paid is so inadequate that it is both unreasonable and in violation of Section 185 of the Constitution of the State of North Dakota which provides: '* * * neither the state nor any political subdivision thereof shall otherwise loan or give its credit or make donations to or in aid of any individual, a…”
Solberg v. State Treasurer, 1952 ND 18 (1952, Burtness, J.) · quotes the provision
- “…2. Section 2 of Chapter 231, SLND 1951 directs the transfer to certain designated classes or individuals, of property of the state held in trust for all the people thereof under conditions and circumstances that make such transfers donations in violation of Section 185 of the North Dakota Constitution. Attorneys and Law Firms E. T. Christianson, Atty. Gen., C. E. Brace, Asst. Atty. Gen., and Robert A. Birdzell, Sp. Asst. Atty. Gen., for defendants and appellants. E. C. Rudolph, Ray,…”
Herr v. Rudolf, 1947 ND 4 (1947, Nuessle, J.) · quotes the provision
- “…public sale, it contravenes Section 20 of the Constitution of the State of North Dakota providing that no citizen or class of citizens shall be granted privileges by the legislative assembly which, upon the same terms shall not be granted to all citizens; and Section 185 of the Constitution of the State of North Dakota providing that neither the state nor any county or other political subdivision shall loan or give its credit or make donations to or in aid of any individual, association…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 43-55 (1943)
State ex rel. Sathre, Atty. Gen., v. Board of University and School Lands of North Dakota, 1935 ND 43 (1935, Christianson, J.) · quotes the provision
- “…ction 159 of the State Constitution in that it permits the application of part of the funds intrusted to the Board of University and School Lands "to objects other than the specific object of the original grants which created said funds." (4) That it violates section 185 of the State Constitution as amended, which provides that neither the state nor any political subdivision thereof shall make donations to or in aid of any individual, association, or corporation, except for the reasonab…”

Support of the poor

N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Sept. 29, 1992)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 69-112 (1969)
Weber v. Weber, 1950 ND 8 (1950, Nuessle, J.) · quotes the provision
- “…The State has no constitutional or common law duty to provide old age assistance. Division of Aid For The Aged, Department of Public Welfare v. Hogan, 143 Ohio St. 186, 54 N.E.2d 781. The establishment of such assistance rests upon the permissive authority of Section 185 of the North Dakota Constitution, to loan or give its credit or make donations in aid of the reasonable support of the poor. Prior to the enactment of Chapter 211, S.L.N.D.1937, no provision was made for the recovery of…”
State ex rel. Eckroth v. Borge, 1939 ND 1 (1939, Burr, J.) · quotes the provision
- “…ximum of $30 has been changed to a minimum of $40. The plaintiffs contend that they have no income and that they are entitled to at least the minimum provided by the initiated measure. The defendants contend that the initiated amendment is violative of [*525] Section 185 of the Constitution of the State of North Dakota, and is, therefore, unconstitutional and void. Both the Attorney General and Hon. William Langer, Governor, appeared in person and filed briefs as amici curiæ. They conte…”
State v. Nelson County, 1890 ND 13 (1890, Wallin, J.) · quotes the provision
- “…o procure seed-grain for needy farmers resident therein," examined, and held to be valid, and not an abuse of legislative powers, in that it authorizes the issue of bonds and taxation for a public purpose. Held, further, that the act is not an infringement of section 185 of the state constitution, in this: that it is a measure intended for the "necessary support of the poor." 2. In the exercise of its original jurisdiction, under section 87 of the state constitution, the supreme court…”

Other applications

N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2002-L-05 (2002)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2001-L-44 (2001)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 98-O-23 (1998)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 93-L-292 (1993)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (May 16, 1990) (to Collins)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Jan. 9, 1990) (to Collins)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Mar. 21, 1988)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Feb. 18, 1987)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 86-02 (1986)
Blocker Drilling Canada, Ltd. v. Conrad, 1984 ND 150 (1984, Pederson, J.) · quotes the provision
- “…ax due. Finally, the Department contends that applying estoppel in this case would violate Article X, Section 2 of the North Dakota Constitution (which provides that the power of taxation cannot be suspended or surrendered by grant or contract) and Article X, Section 18 of the North Dakota Constitution (which prohibits the state or its political subdivisions from giving its credit or making gifts or donations to or on behalf of any individual, association or corporation except for reas…”
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 84-26 (1984)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 79-241 (1979)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 78-191 (1978)
Walker v. Omdahl, 1976 ND 36 (1976, Erickstad, J.)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 75-60 (1975)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 75-14 (1975)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 74-445 (1974)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 70-202 (1970)
N.D. Att'y Gen.: N.D. Op. Att'y Gen. 53-112 (1953)
State v. Kromarek, 1952 ND 15 (1952, Grimson, J.)
Petters & Co. v. Nelson County, 1938 ND 49 (1938, Christianson, J.) · quotes the provision
- “…apply only to tax certificates issued subsequent to the time that law became effective, and was not intended to apply to certificates already issued; and that the 1927 enactment, insofar as it purports to apply to certificates formerly issued, is violative of Section 185 of the Constitution (Amendments, Article 32) which provides that "neither the state nor any political subdivision thereof shall * * * make donations to or in aid of any individual, association or corporation except for…”
State ex rel. City of Fargo v. Wetz, 1918 ND 83 (1918, Birdzell, J.)

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