artx:sec13:research
N.D. Const. art. X, § 13 — Research
State Debt. Text of the section: current and prior versions.
Every citing reference in the corpus: 18 court opinions and 12 Attorney General opinions. Counts include the section's pre-1981 designation (§ 182), 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.
Scope of the state debt limitation
- State ex rel. Lesmeister v. Olson, 1984 ND 149 (1984, VandeWalle, J.) · quotes the provision
- “…the constitutionality of the financing scheme for the Southwest Pipeline. We determine that the following issue is dispositive: Would the issuance of bonds pursuant to Chapter 61–24.4 be in violation of the constitutional debt limit established in Article X, Section 13, of the North Dakota Constitution? Article X, Section 13, provides: “The state may issue or guarantee the payment of bonds, provided that all bonds in excess of two million dollars shall be secured by first mortgage u…”
- State ex rel. Syvertson v. Jones, State Highway Com'r, 1946 ND 20 (1946, Christianson, J.) · quotes the provision
- “…and maintenance of public highways and the payment of obligations incurred' therein. 8. Obligations incurred by the state highway department in the construction, reconstruction, repair and maintenance of public highways are not subject to the limitations of Section 182 of the Constitution. BURR, J., dissenting in part. Attorneys and Law Firms [*467] Burtness & Shaft, of Grand Forks, for plaintiff and appellant. [*468] Nels G. Johnson, Atty. Gen., P. O. Sathre and I. A. Acker, Asst…”
- Marks v. City of Mandan (Stutsman, Intervener), 1941 ND 2 (1941, Morris, J.) · quotes the provision
- “…Section 184 from the beginning or does it become an indebtedness only when and if the contingency occurs. This specific question has never been directly passed upon in this jurisdiction. Some questions concerning obligations that come within the provisions of Sections 182 and 183 of the constitution, being debt limit sections, have been considered in other cases. In State ex rel. Board of University and School Lands v. McMillan, 12 N.D. 280, 96 N.W. 310, 317, this court passed upon the c…”
- Brye v. Dale, State Treasurer, 1933 ND 88 (1933, Burke, J.) · quotes the provision
- “…y the same Legislature, in aid of the bond and interest fund, with no provision for the payment of the loan and providing that moneys remaining in the fund shall be turned over to the general fund, indicates that the loan was not intended as a temporary loan. Section 182 of the Constitution provides that "Every law authorizing a bond issue shall provide for levying an annual tax, or make other provision, sufficient to pay the interest semi-annually, and the principal within thirty years…”
- State ex rel. Kaufman v. Davis, State Board of Administration, 1930 ND 14 (1930, Christianson, J.)
- Wilder v. Murphy, State Board of Administration, 1928 ND 23 (1928, Nuessle, J.) · quotes the provision
- “…institution affected," is unconstitutional and void in that: (a) It delegates legislative power to an administrative board in violation of section 25 of the state Constitution. (b) It authorizes the creation of a state debt contrary to the prohibitions of section 182 of the state Constitution. Attorneys and Law Firms [*156] McIntyre, Burtness & Robbins, of Grand Forks, for appellant. George F. Shafer, Atty. Gen., George I. Reimestad, Asst. Atty. Gen., and C. L. Young, of Bismarck,…”
- Minot Special School District Number One v. Olsness, 1926 ND 24 (1926, Christianson, J.)
- State ex rel Board of University v. McMillan, 1903 ND 46 (1903, Young, J.) · construes, quotes the provision
- “…ed to the support of that institution to repay the principal and pay the interest on the sum so borrowed, is unconstitutional and void for the following reasons: (1) It authorizes the creation of a state debt in excess of the state debt limit, in violation of section 182 of the state Constitution; (2) it authorizes the creation of a state debt, and does not provide for a tax levy to pay the principal and interest, as required by said section; (3) it diverts the interest and income dedic…”
- Birkholz v. Dinnie, 1897 ND 28 (1897, Corliss, J.) · construes
- “…ld and not exchanged, and that this condition may be permanent never seems to have occurred to the tribunals which have enunciated what we deem a dangerous and unsound interpretation of such constitutional prahibitions. It is an argument of some force that in § 182 of the Constitution, the state is expressly authorized to issue refunding bonds although the debt limit is thereby temporarily exceeded; whereas no such power is given by § 183 to the municipalities therein named. ( 72…”
Bond issuance, security, and repayment provisions
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 83-14 (1983)
- Nord v. Guy, 1966 ND 16 (1966, Knudson, J.)
- Kelly v. Guy, 1965 ND 15 (1965, Burdick, J.) · quotes the provision
- “…defendants' motion and dismissed the case. The case is before us on appeal by the plaintiff from the summary judgment of dismissal and upon a cross-appeal by the defendants from a provision of the judgment holding that the Act is subject to the limitations of Section 182 of the North Dakota Constitution. The plaintiff contends that the Act and Article 76 of the North Dakota Constitution violate the Fourteenth Amendment to the United States Constitution. The plaintiff reasons that the pr…”
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 49-117 (1949)
- Catholic Order of Foresters v. State, 1937 ND 9 (1937, Burke, J.) · quotes the provision
- “…l account of said notice of payment and redemption of said bonds to its subscribers. In addition a copy of said notice of call was delivered by the sole paying agencies for state bonds and coupons to each holder presenting coupons for payment on July 1, 1936. Section 182 of the Constitution of North Dakota provides that "The state may issue or guarantee the payment of bonds, provided that all bonds in excess of two million dollars shall be secured by first mortgages upon real estate in…”
- State v. Burleigh County, 1927 ND 4 (1927, Birdzell, J.) · quotes the provision
- “…ser of the property. Perhaps the best index by which to determine the true condition confronting the Legislature at the time of the enactment of the statute in question is the scheme of operation contained in the legislation governing the state loan business. Section 182 of the Constitution provides that the state may issue bonds, but that bonds in excess of $2,000,000 shall be secured [*222] by first mortgage upon real estate in amounts not to exceed one-half its value, etc. Chapter 15…”
- Sargent County v. State, Doing Business as Bank of North Dakota, 1921 ND 29 (1921, Birdzell, J.) · construes, quotes the provision
- “…iability. The state may not assume or guarantee bonds or debts in excess of $2,000,000 unless well secured by mortgages upon real estate or some property of the state owned utilities. Even then, the issue or guaranty must not exceed $10,000,000. Constitution, § 182, art. 31 (see Laws 1919, p. 507). Thus it is manifest the state is one thing and the bank is another. The bank is not the state or a political subdivision of the state. It is a corporate entity and as such it may contra…”
- Green v. Frazier, Governor, 1920 ND 2 (1920, Grace, J.) · construes, quotes the provision
- “…and each of said amendments was duly adopted, and thus became effective as part of the Constitution of the state of North Dakota. The validity of two of such constitutional amendments is challenged by this action, and claimed thereby to be null and void. Section 182 of the Constitution, prior to its amendment, is as follows: "The state may, to meet actual deficits or failure in the revenue, or in case of extraordinary emergencies, contract debts, but such debts shall never in the a…”
- State ex rel. Langer, Atty. Gen., v. Hall Secretary of State, 1919 ND 114 (1919, Grace, J.) · construes, quotes the provision
- “…Syllabus by the Court. Section 182 of the Constitution as amended construed, and held to authorize the issue of $2,000,000 of bonded indebtedness, unsecured except by the faith and credit of the state of North Dakota, in addition to $412,000 of existing…”
Appropriation-backed obligations and agency borrowing
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2019-L-02 (2019)
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2015-L-04 (2015)
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2005-L-02 (2005)
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2004-L-78 (2004)
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 97-L-108 (1997)
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 97-L-96 (1997)
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Aug. 11, 1987) (to Person)
State enterprises and the Bank of North Dakota
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 2002-L-21 (2002)
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. 94-L-338 (1994)
- N.D. Att'y Gen.: N.D. Op. Att'y Gen. (Feb. 12, 1990)
Tax levies and debt service
- Dornacker v. Olson, 1976 ND 117 (1976, Pederson, J.)
- State ex rel. Conrad v. Langer, 1937 ND 59 (1937, Burr, J.) · quotes the provision
- “…on says that the state tax levy in any one year may not exceed four mills? If they do, the levy is in excess of the constitutional limit; if they do not, the constitutional limit has not been exceeded. The bonds in question were issued under the provisions of section 182 of the State Constitution, as amended. This section is found in article 12 of the Constitution relating to "Public Debt and Public Works." As originally adopted this section read as follows: "§ 182. The state may, to me…”
The sidebar keeps a curated digest; this page is the complete record.
artx/sec13/research.txt · Last modified: by claude
