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North Dakota Taxable Status of Land Held for Conservation Purposes, Constitutional Measure 1 (2002)

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The North Dakota Taxable Status of Land Held for Conservation Purposes Referendum, also known as Constitutional Measure 1, was on the November 5, 2002 ballot in North Dakota as a legislatively-referred constitutional amendment, where it was approved.[1] The measure eliminated the constitutional status of property tax exemption of land held for conservation or wildlife purposes and left to the Legislative Assembly the determination of whether those properties will be exempt from property taxes.[2]

Election results

North Dakota Constitutional Measure 1 (2002)
Approveda Yes 113,345 51.49%

Election results via: North Dakota Secretary of State, Official Vote of General Election, 2002

Text of measure

See also: North Dakota Constitution, Article X, Section 5

The language appeared on the ballot as:[3]

(Senate Concurrent Resolution No. 4045, 2001 North Dakota Session Laws, Ch. 596)

Constitutional Measure No. 1 would amend Article X, Section 5 of the North Dakota Constitution. The measure would eliminate the property tax exemption for land set aside for conservation or wildlife purposes unless otherwise provided by the legislative assembly.

_____ A “YES” vote means you approve the measure as summarized above.

_____ A “NO” vote means you reject the measure as summarized above. [4]

Constitutional changes

The measure amended Section 5 of Article X of the [[North Dakota Constitution to read as follows with the underlined text being added:[2]

Section 5. Taxes shall be uniform upon the same class of property including franchises within the territorial limits of the authority levying the tax. The legislative assembly may by law exempt any or all classes of personal property from taxation and within the meaning of this section, fixtures, buildings and improvements of every character, whatsoever, upon land shall be deemed personal property. The property of the United States, to the extent immunity from taxation has not been waived by an act of Congress, property of the state, county, and municipal corporations, to the extent immunity from taxation has not been waived by an act of the legislative assembly, and property used exclusively for schools, religious, cemetery, charitable or other public purposes shall be exempt from taxation. Real property used for conservation or wildlife purposes is not exempt from taxation unless an exemption is provided by the legislative assembly. Except as restricted by this article, the legislative assembly may provide for raising revenue and fixing the situs of all property for the purpose of taxation. Provided that all taxes and exemptions in force when this amendment is adopted shall remain in force until otherwise provided by statute.

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