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Measure 3 clarified

Marvin E. Nelson

Rolla

In the article about a candidate’s forum entitled “A Matter of Perspective,” States Attorney candidate Roza Larson is reported to say “I don’t think the state would ever want to waive its immunity.”

This would be a reference to sovereign immunity from civil lawsuit, a common law which has evolved in some jurisdictions to allow governments to do egregious damage without liability.

What you need to know is that North Dakota has no immunity from civil lawsuit, none. It may spell the process of how the lawsuit is brought but the North Dakota Constitution in Article 1 Section 9 states all have process under the law for injuries done them. The idea of sovereign immunity was completely thrown out in the case Bulman v. Hulstrand Const. Co., Inc. (N.D. 1994) overturning all previous cases.

Measure 2 in 1996 attempted to restore civil sovereign immunity saying no lawsuit could be brought against the state or its employees unless provided for by law but that was soundly rejected by voters.

Measure 3 does not waive sovereign immunity since such does not exist, it spells out the details of how the damaged person seeks redress in court.

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