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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

                                  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.


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

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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