1. Each carrier or other entity intending to acquire, lease, or transfer an operating railroad right of way shall file a notice of intent to do so with the commission, if any of the following applies: a. The acquisition or lease would be by a party that is not a railroad carrier and would be of rail property that would be operated by a third party. b. The operation would be by a new carrier and of rail property acquired or leased by a third party. c. There would be a change of operators on the line. 2. The notice required under subsection 1 must designate the complete private or corporate identity of the acquiring or leasing party, the complete identity of the divesting carrier, and a thorough description of the line involved. The notice must include financial information as to the acquiring or leasing entity. These documents are confidential and may not be divulged by the commission to any party. 3. An acquiring, leasing, or divesting carrier shall attend conferences with the commission on reasonable notice, and shall respond to all questions and requests for information which are reasonably related, or may lead to information reasonably related, to the issue of whether the proposed transaction is consistent with law.
49-09-11. Compensation for another railroad's property - Determined according to law of eminent domain. If railroad corporations cannot agree upon an adjustment and the amount of compensation to be paid for the purchase of necessary change of location and removal of any track previously laid, the same shall be ascertained and determined and the common, mutual, and separate rights shall be adjusted in the manner provided by law for the ascertainment and determination of damages for the taking of real property. The court may employ a competent engineer to
define, locate, and plat the ground and assign to each corporation the part for the tracks and other conveniences for each and may require the removal or purchase of tracks previously laid so as justly to settle the rights of such corporation upon such ground, the damages to be paid being assessed in accordance with the law on eminent domain.
49-09-11.1. Negotiations for reopening of railway line - Railroad intending to abandon line. Repealed by S.L. 1997, ch. 284, § 8.