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2017 Op. N.D. Att'y Gen. 1 (2017)

handle is hein.sag/sagnd0095 and id is 1 raw text is: LETTER OPINION 2017-L-01 February 3, 2017 Mr. Richard J. Riha Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter requesting my opinion whether the Department of Commerce's program guidelines for the Renaissance Zone Program have the force and effect of law. For the following reasons, it is my opinion that the Renaissance Zone program guidelines issued by the Department of Commerce do not have the force and effect of law, and that the Department of Commerce must manage the Renaissance Zone Program according to the statutes which govern that program. ANALYSIS The Renaissance Zone Program was established to assist cities in rehabilitating, preserving, or renovating designated portions of the city by providing certain incentives to private owners and investors., Cities may apply to the Division of Community Services of the North Dakota Department of Commerce in order to designate a portion of that city as a Renaissance Zone.2 To qualify for tax incentives, properties within the Renaissance Zone must be approved as Zone projects; once approved, owners or investors may obtain certain exceptions from income taxes and also may obtain property tax relief.3 The property tax exemption for Zone projects includes partial or complete exemptions from property taxes for a period of up to five years for residential, business, or investment 4 purposes. 1 See generally N.D.C.C. ch. 40-63. 2 N.D.C.C. § 40-63-03. 3 N.D.C.C. § 40-63-03(4); see also N.D.C.C. §§ 40-63-04 through 40-63-07. 4 N.D.C.C. § 40-63-06.

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