enabling_act
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| enabling_act [2020/07/11 19:19] – jet | enabling_act [2020/07/12 03:21] (current) – jet | ||
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| under section 4 of the Enabling Act, congress could enact an act making | under section 4 of the Enabling Act, congress could enact an act making | ||
| criminal the introduction of intoxicating liquor upon an allotment within the | criminal the introduction of intoxicating liquor upon an allotment within the | ||
| - | limits of an Indian reservation. United States v. Sutton, 215 U.S. 291, 30 S.Ct. 116, 54 L. Ed. 200 (1909). | + | limits of an Indian reservation. United States v. Sutton, |
| Lands within South Dakota which were formerly a part of an Indian reservation | Lands within South Dakota which were formerly a part of an Indian reservation | ||
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| upon the question of its adoption and upon the question of the adoption of the | upon the question of its adoption and upon the question of the adoption of the | ||
| Constitution was legally adopted though it failed to receive a majority of | Constitution was legally adopted though it failed to receive a majority of | ||
| - | votes cast for governor. State ex rel. Larabee v. Barnes, 3 N.D. 319, 55 N.W. | + | votes cast for governor. State ex rel. Larabee v. Barnes, |
| 883 (1893). | 883 (1893). | ||
| </ | </ | ||
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| permanency of the funds acquired through the grant. The state is limited to the | permanency of the funds acquired through the grant. The state is limited to the | ||
| use of the interest from the permanent fund and the interest shall be used only | use of the interest from the permanent fund and the interest shall be used only | ||
| - | for the support of schools. State ex rel. Bd. Of Univ. & Sch. Lands v. | + | for the support of schools. |
| - | McMillan, 12 N.D. 280, 96 N.W. 310 (1903), distinguished, | + | State ex rel. Bd. Of Univ. & Sch. Lands v. McMillan, |
| - | Cavalier, 59 N.D. 75, 228 N.W. 819 (1930). | + | [[https:// |
| + | Lang v. City of Cavalier, | ||
| The assembly cannot divert nor authorize diversion of any part of the principal | The assembly cannot divert nor authorize diversion of any part of the principal | ||
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| an individual, by the assembly directly, or by the board of university and | an individual, by the assembly directly, or by the board of university and | ||
| school lands by legislative enactment is unconstitutional. State ex rel. Sathre | school lands by legislative enactment is unconstitutional. State ex rel. Sathre | ||
| - | v. Board of Univ. & Sch. Lands, 65 N.D. 687, 262 N.W. 60 (1935). | + | v. Board of Univ. & Sch. Lands, |
| </ | </ | ||
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| highway commission contemplates that title to lands shall be acquired, such | highway commission contemplates that title to lands shall be acquired, such | ||
| procedure cannot be resorted to acquire school land granted to the state. State | procedure cannot be resorted to acquire school land granted to the state. State | ||
| - | Hwy. Comm'n v. State, 70 N. D. 673, 297 N.W. 194 (1940). | + | Hwy. Comm'n v. State, |
| == Oil and Gas Leases == | == Oil and Gas Leases == | ||
| Line 434: | Line 435: | ||
| Under the Enabling Act, as amended, the state has full power to provide for the | Under the Enabling Act, as amended, the state has full power to provide for the | ||
| execution of oil and gas leases on school and university lands. State ex rel. | execution of oil and gas leases on school and university lands. State ex rel. | ||
| - | Rausch v. Amerada Petro. Corp., 78 N.D. 247, 49 N.W.2d 14 (1951). | + | Rausch v. Amerada Petro. Corp., |
| == Taxation == | == Taxation == | ||
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| the state, and no interest in the land is subject to taxation until a resale or | the state, and no interest in the land is subject to taxation until a resale or | ||
| redemption is made. Upon reversion of the land to the state, all unpaid taxes | redemption is made. Upon reversion of the land to the state, all unpaid taxes | ||
| - | levied thereon are canceled. State v. Towner County, 68 N.D. 629, 283 N.W. 63 | + | levied thereon are canceled. State v. Towner County, |
| (1938). | (1938). | ||
enabling_act.1594495185.txt.gz · Last modified: 2020/07/11 19:19 by jet