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32-12 Actions by and Against State

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CHAPTER 32-12ACTIONS BY AND AGAINST STATE32-12-01. Action to annul patent - Duty of attorney general. The state may bring anaction to vacate or annul letters patent for lands granted by this state in any of the following<br>cases:1.When they were obtained by means of a fraudulent suggestion or concealment of a<br>material fact made by or with the knowledge or consent of the person to whom they<br>were issued.2.When they were issued in ignorance of a material fact or through mistake.3.When the patentee, or those claiming under the patentee, have done or omitted an<br>act in violation of the terms and conditions upon which the letters patent were<br>granted, or by any other means have forfeited the interest acquired under the same.Whenever the attorney general has good reason to believe that any act or omission specified in<br>this section can be proved and that the person to be made defendant has no sufficient legal<br>defense, the attorney general must commence such an action. Upon the rendition of a judgment<br>vacating or annulling letters patent, the attorney general shall cause a copy of the judgment roll<br>to be filed in the office of the secretary of state.32-12-02. Action against state - When authorized - Where brought - Undertaking forcosts. An action respecting the title to property, or arising upon contract, may be brought in the<br>district court against the state the same as against a private person. Such actions shall be<br>brought in the county in which the property is situated, or the county in which the plaintiff resides.<br>The plaintiff at the time of commencing such action shall file an undertaking with sufficient surety<br>to be approved by the clerk of court to the effect that the plaintiff will pay any judgment for costs<br>that may be rendered against the plaintiff.32-12-03. Claim presented and refused before action brought. No action upon aclaim arising upon contract for the recovery of money only can be maintained against the state<br>until the claim has been presented to the department, institution, agency, board, or commission<br>to which claim relates for allowance and allowance thereof refused. The neglect or refusal of the<br>office to act on such claim for a period of ten days after its presentation for allowance must be<br>deemed a refusal to allow the claim.32-12-04. How judgment collected. No execution may issue against the state on anyjudgment, but whenever a final judgment against the state has been obtained in any action other<br>than an action under chapter 32-12.2, the clerk shall make and furnish to the office of the budget<br>a duly certified copy of the judgment.After approval, and if funds have been appropriatedtherefor, the office of the budget, in due course, shall prepare and issue a warrant for the amount<br>of such judgment and deliver the same to the person entitled thereto.32-12-05.Claims resulting from year 2000 date change computer failuresprohibited. The state is not liable for a claim arising upon contract which is the result of the<br>failure of any computer hardware or software, telecommunications network, or device containing<br>a computer processor to interpret, produce, calculate, generate, or account for a date that is<br>compatible with the year 2000 date change if the state has made a good-faith effort to make the<br>computer hardware or software, telecommunications network, or device containing a computer<br>processor compliant with the year 2000 date change. For the purposes of this section, the state<br>is presumed to have made a good-faith effort to make the computer hardware or software,<br>telecommunications network, or device containing a computer processor compliant with the year<br>2000 date change if the results of testing establish that the computer hardware or software,<br>telecommunications network, or device containing a computer processor meets the compliance<br>requirements of this section, or if the state has sought and received an assurance of compliance<br>from the manufacturer or supplier, or if the state has sought an assurance of compliance from thePage No. 1manufacturer, supplier, government, or other reliable source when testing or receiving an<br>assurance from the manufacturer or supplier of the computer hardware or software,<br>telecommunications network, or device containing a computer processor is not practicable. For<br>the purposes of this section, computer hardware or software, a telecommunications network, or<br>device containing a computer processor is compliant with the year 2000 date change if:1.All stored dates or programs contain century recognition, including dates stored in<br>databases and hardware or internal system dates in devices;2.The program logic accommodates same century and multicentury formulas and date<br>values; and3.The year 2000 or any other leap year is correctly treated as a leap year within all<br>program logic.Page No. 2Document Outlinechapter 32-12 actions by and against state