Title 49 — Public Utilities
33 chapters · 382 sections in this title.
N.D.C.C. § 49-09-01 Right of way through state lands - Conditions
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Every railroad corporation duly organized under the laws of any state or territory, or of the United States, and authorized to build and operate a railroad within this state, which shall have filed with the secretary of state a copy of its articles of incorporation, properly cert…
N.D.C.C. § 49-09-02 School lands to be taken at appraised value
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Whenever any school or state lands are taken for railway purposes as provided in section 49-09-01, the railway corporation taking such lands shall pay to the state treasurer the appraised value thereof but in no case any sum less than ten dollars per acre [.40 hectare] for all su…
N.D.C.C. § 49-09-03 How right of way obtained from board of university and school lands
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Any railway company desiring to secure the benefits of section 49-09-01, within ninety days after the definite location of its road across any section of such lands, shall file in the office of the board of university and school lands a plat of such section of land, showing the l…
N.D.C.C. § 49-09-04 When right of way reverts to state
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If any railway corporation appropriating any public lands by virtue of section 49-09-01 at any time shall abandon the use thereof for railway purposes for a period of one year, the same shall revert to the state. 49-09-04.1. Abandonment of railway lines - Public service commissio…
N.D.C.C. § 49-09-04.2 Abandoned railroad right of way - Sale - Priority of purchasers
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1. When service is discontinued on any railroad right of way in the state and the property is offered for sale, lease, exchange, or other disposal by the railroad or an affiliated entity, the property must first be offered to the following persons in the order of priority as foll…
N.D.C.C. § 49-09-04.4 Railroad abandonment - Records to be open to commission
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A railway corporation or railroad holding company having identified a railroad line in North Dakota for abandonment pursuant to 49 U.S.C. 10904(e)(2)(B) shall provide the commission or its designated representatives with access to all records directly relating to the railroad lin…
N.D.C.C. § 49-09-05 Securing right of way over land of decedent or ward
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Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-06 Petition for right of way over land of decedent or ward
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Repealed by S.L. 1973, ch. 257, § 82. 49-09-07. County court to approve petition for right of way over land of decedent or ward - Conveyance. Repealed by S.L. 1973, ch. 257, § 82.
N.D.C.C. § 49-09-08 Trust deeds and mortgages of railroad property
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Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-09 Sale under trust deed or upon mortgage foreclosure
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Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-10 Title acquired under sale
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Whenever the persons securing title under a trust deed or mortgage foreclosure sale shall own or represent a majority in amount of the bonds or other evidences of debt secured by any such trust deed or mortgage, and also shall include the persons who owned a majority in amount of…
N.D.C.C. § 49-09-10.1 Identification of railroad rights of way - Duties of commission
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Repealed by S.L. 1989, ch. 569, § 3.
N.D.C.C. § 49-09-10.2 Identification of right of way to be acquired, leased, or transferred
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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 …
N.D.C.C. § 49-09-11.2 Negotiations for reopening of railway line - Railroad abandoning line
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Repealed by S.L. 1997, ch. 284, § 8. 49-09-11.3. Negotiations for sale, transfer, or lease of railroad property - Public service commission authority. Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-11.4 Commission's authority in public interest - Cooperation with other states
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Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-11.5 Interstate commerce commission certificate
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Repealed by S.L. 1997, ch. 284, § 8. 49-09-11.6. Public service commission authorized to conduct periodic meetings concerning future operation of railroads. Repealed by S.L. 1997, ch. 284, § 8.
N.D.C.C. § 49-09-11.7 Rules for enforcement
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Repealed by S.L. 1997, ch. 284, § 8. 49-09-12. Sale of railroad equipment under security agreement - How property marked. Repealed by S.L. 1975, ch. 431, § 9.
N.D.C.C. § 49-09-13 Conditional sale contract - Filing - Marking property
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Repealed by S.L. 1965, ch. 296, § 32.
N.D.C.C. § 49-09-14 Utility property transfers filed with secretary of state
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Repealed by S.L. 2021, ch. 345, § 1.
N.D.C.C. § 49-09-15 Conveyance of real property other than right of way - Recording
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Every such conveyance, lease, deed of trust, or mortgage, made by a public utility which covers any real property other than that used by such public utility as a right of way for its railway, telecommunications lines, or gas or oil pipelines, also must, in order to obtain the pr…